Page 5206 - Week 16 - Thursday, 28 November 1991
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Smaller authorities such as the Milk Authority and the trustees of the Canberra public cemeteries would obviously not be subject to the same requirements in advertising and selecting staff for appointment or promotion as would large authorities such as the Teaching Service or the ACT Electricity and Water Authority. The legislation makes it clear that practicality and reasonableness are the benchmarks for required procedures. The fundamental requirement is, Mr Speaker, that, whatever the specific practices and procedures adopted by an authority, they be based on the principles of merit and provision of equal employment opportunity for all who may reasonably be involved.
The prohibition of discrimination in employment is another key factor. The Bills provide that each authority's powers in relation to the employment of permanent staff shall be exercised without patronage or favouritism. This requires that recruitment, appointment, promotion or advancement, work conditions, staff development and any other matter related to employment will be carried out without unjustified discrimination, as established by the Discrimination Act 1991 - an unfortunately named Act - and unjustified discrimination on the ground of age or social origin.
Discrimination will be justified, however, where it is essential for the effective performance of the work involved. The legislation also permits discrimination which is not unlawful and which is in accordance with an equal employment opportunity program established by regulation. Special provision may be made for designated groups, which include members of the Aboriginal race or descendants of indigenous inhabitants of the Torres Strait Islands, migrants whose first language is not English and the children of such migrants, physically or mentally disadvantaged people, and any other class of persons prescribed by regulation to be a "designated group".
I turn to equal employment opportunity programs. The legislation also provides for the development by each of the authorities of an equal opportunity program after consultation with relevant staff organisations and others considered appropriate by the responsible officer or body. An equal employment opportunity program is to be designed to ensure that, in relation to employment matters, appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups. It will require the examination, identification and elimination of discriminatory employment practices. It is also to involve measures that will enable employees who are women or persons in designated groups to compete for transfer and to pursue careers within the relevant authority as effectively as any other person and to have equal opportunity with them in relation to all other employment matters.
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