Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 11

11. (1) After section 22A of the Principal Act the following section is
inserted in Part IIA: Equal employment opportunity programs

''22B. (1) In this section, unless the contrary intention appears-

'employment matters', in relation to a Department, means-

   (a)  the selection of persons for appointment as officers, or for
        employment as employees, in the Department;

   (b)  the promotion and transfer of-

        (i)    officers to offices in the Department; and

        (ii)   officers in the Department to offices in other Departments;

   (c)  training and staff development for officers and employees in the
        Department;

   (d)  conditions of service of officers and employees in the Department; and

   (e)  any other matter related to the employment of officers and employees
        in the Department;

'equal employment opportunity program', in relation to a Department, means a
program designed to ensure that-

   (a)  appropriate action is taken to eliminate unjustified discrimination
        against women and persons in designated groups in relation to
        employment matters in the Department; and

   (b)  measures are taken to enable women and persons in designated groups
        to-

        (i)    compete for promotion and transfer in the Department and in the
               Service generally; and

        (ii)   pursue careers in the Department and in the Service generally,

as effectively as other persons;

'program' includes-

   (a)  the particular objectives to be achieved by the program;

   (b)  the policies to be adopted, and the procedures to be followed, to
        achieve those objectives;

   (c)  the quantitative or other indicators against which the effectiveness
        of the program is to be assessed; and

   (d)  the allocation of staff and other resources to the task of giving
        effect to the program.

'unjustified discrimination' includes discrimination that is unlawful under
the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.

''(2) Without limiting the generality of the definition of 'equal employment
opportunity program' in sub-section (1), the equal employment opportunity
program for a Department shall include provision for action to be taken to-

   (a)  examine practices in relation to employment matters in the Department
        to identify-

        (i)    any practices that unjustifiably discriminate against women or
               persons in designated groups; and

        (ii)   any patterns (whether ascertained statistically or otherwise)
               of inequality of opportunity in respect of women or persons in
               designated groups;

   (b)  eliminate any practices, and eliminate or ameliorate any patterns,
        identified in pursuance of paragraph (a);

   (c)  inform officers and employees in the Department, and relevant staff
        organizations in relation to offices in the Department, of the
        contents of the program and of the results of any review of the
        program under sub-section (4);

   (d)  the collection and recording of information, including statistical
        information, relevant to the operation of the program;

   (e)  assess the effectiveness of the program by comparing information
        collected in relation to the results of the program with the
        indicators against which the effectiveness of the program is to be
        assessed; and

   (f)  give effect to any guidelines issued under sub-section (10).

''(3) As soon as practicable after the commencement of this section and, in
any event, within 12 months after the commencement of this section, the
Secretary of a Department shall-

   (a)  after giving relevant staff organizations in relation to offices in
        the Department and such other persons as the Secretary considers
        appropriate an opportunity to put their views, cause to be developed
        an equal employment opportunity program for the Department;

   (b)  cause to be prepared a statement in writing setting out the program so
        developed; and

   (c)  give a copy of the statement to the Board.

''(4) The Secretary of a Department shall-

   (a)  from time to time, after giving relevant staff organizations in
        relation to offices in the Department and such other persons as the
        Secretary considers appropriate an opportunity to put their views,
        cause the equal employment opportunity program for the Department to
        be reviewed;

   (b)  cause to be prepared a statement in writing setting out the results of
        any review (including particulars of any alteration to be made to the
        program); and

   (c)  give a copy of the statement to the Board.

''(5) The Secretary of a Department shall take any action necessary to give
effect to the equal employment opportunity program for the Department and any
person who exercises powers in relation to employment matters in the
Department shall have regard to the program in exercising those powers.

''(6) The Board may, by notice in writing to the Secretary of a Department,
require the Secretary to give the Board, within the time specified in the
notice, a report in writing in relation to the development, implementation or
review of the equal employment opportunity program for the Department.

''(7) A notice under sub-section (6) may specify the particular aspects of the
equal employment opportunity program for the Department that are to be dealt
with in the report.

''(8) Where the Board receives a statement under sub-section (3) or (4) or a
report under sub-section (6), the Board, after considering the statement or
report, may make recommendations to the relevant Secretary on the action that
should or could be taken to improve the effectiveness of the equal employment
opportunity program for the Department.

''(9) If the Secretary does not concur in or adopt a recommendation made by
the Board under sub-section (8) on the action that should be taken to improve
the effectiveness of the equal employment opportunity program for the
Department, the Secretary shall, within a reasonable time, inform the Minister
administering the Department, in writing, of his reasons for not concurring in
or adopting the recommendation and give a copy of a statement of those reasons
to the Board.

''(10) The Board may from time to time, by notice in writing to Secretaries,
issue guidelines on the provisions to be made by, and the development,
implementation and review of, equal employment opportunity programs for
Departments.

''(11) The Board shall, in a report furnished to the Prime Minister in
accordance with section 22, report on the operation of this section.

''(12) Where a Department comes into existence after the commencement of
this section, this section applies in relation to the Department as if a
reference in sub-section (3) to the commencement of this section were a
reference to the day on which the Department comes into existence.

''(13) The regulations may provide that this section shall apply to and in
relation to a Commonwealth authority and, where the regulations so provide,
this section applies to and in relation to the Commonwealth authority as if-

   (a)  the Commonwealth authority were a Department;

   (b)  references to the Secretary of a Department were references to the
        person for the time being holding, or performing the duties of, the
        office specified in the regulations for the purposes of this
        paragraph;

   (c)  a reference in sub-section (3) to the commencement of this section
        were a reference to the day on which the regulations came into force;
        and

   (d)  if the regulations provide that a specified Minister is the prescribed
        authority for the purposes of the application of this section in
        relation to the Commonwealth authority-references in sub-sections (3),
        (4), (6), (7), (8) and (9) to the Board were references to the
        Minister so specified.

''(14) The regulations may provide that the provisions of this section shall,
subject to such modifications and adaptations (if any) as are prescribed,
apply to and in relation to the employment of-

   (a)  members of the Australian Federal Police;

   (b)  persons appointed as officers or engaged as employees under the
        Commonwealth Teaching Service Act 1972;

   (c)  persons who hold offices or appointments (not being offices or
        appointments in the Defence Force) under regulations made under the
        Naval Defence Act 1910; or

   (d)  persons who are employed under section 10 of the Supply and
        Development Act 1939.

   (e)  persons employed as officers of the Australian Security Intelligence
        Organization; or

   (f)  officers appointed in pursuance of section 10 of the Trade
        Commissioners Act 1933.

''(15) In sub-section (14), 'modifications' includes the addition or omission
of a provision or the substitution of a provision for another provision.''.

(2) If this section comes into operation during the first 6 months of a
financial year, the Board shall report on the operation of section 22B of the
Public Service Act 1922, in relation to the period commencing on the day on
which this section comes into operation and ending on the expiration of that
financial year, in the first report that is furnished to the Prime Minister,
under section 22 of that Act, after the expiration of that financial year.

(3) If this section comes into operation during the last 6 months of a
financial year, the Board shall report on the operation of section 22B of the
Public Service Act 1922, in relation to the period commencing on the day on
which this section comes into operation and expiring at the end of that
financial year, in the first report that is furnished to the Prime Minister,
under section 22 of that Act, after the expiration of the financial year next
succeeding that financial year.