Page 565 - Week 03 - Tuesday, 19 May 1992
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.strong men or women, with the appropriate technical skills but also with a fair degree of physical fitness. That formula that allows "discrimination that is essential for the effective performance of relevant duties" appears throughout.
Mr Humphries picked up an ambiguity between the Fire Brigade Bill and the other Bills. I must say that, for the life of me, I cannot explain why it is there; but I can say that it makes no difference. That is in the definition of "equal employment opportunity program". In relation to the brigade, "equal employment opportunity program" means a program designed to ensure that:
... appropriate action is taken to eliminate unjustified discrimination against persons in designated groups in relation to employment matters;
whereas in the standard formulation in the other Bills "equal employment opportunity program" - I am citing from the Cemeteries (Amendment) Bill, at page 3, line 30 - means a program designed to ensure that:
... appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups ...
So, the Fire Brigade Bill states, "discrimination against persons in designated groups"; other Bills, uniformly, state, "discrimination against women and persons in designated groups". However, when we look at the definition of "designated group", the Fire Brigade Bill is different from all the other Bills because it states:
'designated group' means any of the following classes of persons:
(a) women;
then (b) Aboriginal or Torres Strait persons; (c) persons with a language other than English as their first language; (d) disability - I understand that some amendments to that term are coming - and (e) any other person who is prescribed to be within that group. If we look at the definition of "designated group" in the other Bills which say "women and designated groups", we have only Aboriginal or Torres Strait persons, non-English-speaking persons, persons with disabilities or other groups prescribed.
So, in the more common form, we have referred to an equal employment opportunity program meaning a program designed to ensure that you cannot have discrimination against women or designated groups, meaning Aboriginal persons, non-English-speaking persons, persons with disabilities or other groups yet to be prescribed. In the Fire Brigade Bill we have simply the reference to "unjustified discrimination against persons in designated groups", and when we ask "What is a designated group?" we find that it is "(a) women" and then those other four categories. So, it is saying precisely the same thing and is precisely of the same effect. But in one Bill one form has been used to put women as the first of the designated groups; the other is to say that we are talking about women and designated groups, being the other four.
So, it makes no difference, although if there were a view that one wanted to amend it I would be happy to take an amendment. I can assure the Assembly that it makes no difference in relation to that definition of "equal employment opportunity program". I have made it my business to ensure that in the first two
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