Page 141 - Week 01 - Thursday, 9 April 1992
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The Bills amend the enabling legislation of ACT statutory authorities in relation to employment to include the application of the merit principle, anti-discrimination provisions and the implementation of equal opportunity programs. I will discuss each aspect in turn.
In relation to the application of the merit principle, the Bills establish that the fundamental criterion for all decisions and assessments for appointment, promotion or career advancement is merit - that is, the relative suitability of those who are eligible for the position in question, given the nature and requirements of the job, and their abilities, qualifications, experience, personal qualities and potential for development. In other words, Madam Speaker, the position is to go to the best available person. That clearly applies to the Government in the last election.
Those who are eligible for employment are to be ensured, as far as is practicable, a reasonable opportunity to apply for employment or promotion. Madam Speaker, this does not mean that impractical measures have to be taken or that unreasonable and unaffordable advertising and selection procedures are required for appointment and promotion.
There is a difference in the size and functions of the various statutory authorities in the ACT, and this may mean that what would be reasonable and practical for one authority - for example, ACTEW, a very large authority - would not be so for another, for example, the Cemeteries Trust. The legislation makes it clear that practicality and reasonableness are the benchmarks for necessary procedures. The fundamental requirement is, Madam Speaker, that, whatever the specific practices and procedures adopted by an authority, they are to be based on the principles of merit and provision of equal employment opportunity for all who may reasonably be involved.
In relation to prohibition of discrimination in employment, the Bills also provide that each authority's powers in relation to 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, 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 persons, and any other class of persons prescribed by regulation to be a "designated group".
In relation to equal employment opportunity programs, the legislation also provides for the development by each of the authorities of an equal employment 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
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