Page 562 - Week 03 - Tuesday, 19 May 1992
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review or analysis by this Assembly. We are not to see, for the most part, the essential element of these packages. The essential element is the EEO programs that are developed by the individual departments, which are not to be, for example, in the form of disallowable instruments laid before this Assembly. So, we have no chance to comment on those programs or see how they work, or offer to improve them. That is outside our control; it may also be outside the Government's control, to a large extent.
It is the administration which, in large part, develops these programs. The Head of Administration, for example, is empowered in some of the Bills to develop the programs and authorise their operation. One has to ask whether we are really putting in place a system which we fully understand and which we are fully confident will do the trick. We are relying on this flexibility, which is built into the scheme, to deliver something which is relevant and useful for the particular workplaces. I have some concerns about the way in which these things might operate on occasions.
I know that it is possible under some of these provisions for arrangements to be made to take account of the needs of women and designated groups to get proper promotion. For example, employment programs are deemed to be ones which provide for a program of appropriate action to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters. That means, I think, that it is possible for programs to be developed to encourage people in those programs to, for example, seek positions, take advantage of opportunities for promotion or be considered for particular activities within their band of employment. It is also indicated in the definition of an EEO program that it includes measures taken to enable employees who are women or who are in designated groups to compete for engagement and advancement and to pursue careers.
Those programs could do all sorts of things. They could, for example, provide that there ought to be arrangements in place which, in some way, positively discriminate in favour of women or people in designated groups. I very much hope that the Minister, when he is replying to these remarks, will indicate whether the Government has any notion of positive discrimination at work in this package. Is it his intention that these EEO programs, if he gets to see any of them, or if any of his colleagues get to see any of them, will contain elements of what has been called positive discrimination? That is a question which has not been touched on and in relation to which I would like some indication of the Government's intentions. We will not have the chance to look at it in any other way, so I cannot put anything in the legislation which reflects on this question. I would like the Minister, therefore, to indicate what the Government's policy will be with respect to that question when it actually gets down to putting those EEO programs in place.
Sitting suspended from 4.46 to 8.00 pm
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (8.00), in reply: In closing this debate, I suppose I should say at the outset that it is pleasing that in this Assembly there is total agreement, across the divide at the centre of the chamber, that equal employment opportunity programs are correct, necessary and just and that in this era there should be no area of government employment that stands apart from that principle. It is significant that in the ACT that is a matter on which both the major parties and the Independents are of one view.
Some concerns that were mentioned by Mr Humphries raised, to some extent, the old chestnut of positive discrimination. He was seeking some assurances that there would not be an excessive use of positive discrimination programs and was concerned that unfairness could be inflicted upon persons through a program that is designed to create fairness. I can advise Mr Humphries that we
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