Page 1084 - Week 04 - Thursday, 1 April 1993
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The Government would have preferred to extend these valuable rights to all ACT government employees ahead of the private sector. The ACT Government Service is obviously well equipped to provide an example of non-discriminatory practice. However, a phase-in period is necessary for these employees also. Half of all ACT government employees are employed under the Commonwealth Public Service Act, which prescribes a retirement age of 65. Because of this, and the Government's policy of treating all ACT government employees equally, we have decided to delay the operation of the retirement provision to the ACT Government Service. A two-year delay will also allow the passage of legislation for a separate ACT service which could give effect to the Government's policy of removing compulsory age retirement. The question of mobility with the Commonwealth Public Service, where age 65 retirement may still apply, and the issue of superannuation for employees over age 65 have not yet been resolved. The two-year phase-in period will allow progress to be made on these matters. There are some appointments to offices in the ACT public sector that do not involve superannuation and where retirement age is not specified in legislation. It is government policy that these appointments should be made without reference to maximum age restrictions.
The Government is also very conscious of the great difficulties that beset young people attempting to enter the work force. This issue and the question of youth wages are both raised in the discussion paper. Many now believe that youth wages are, by themselves, an inappropriate way of providing training opportunities for young people. However, abolition of youth wages could reduce even further their employment prospects. It is our intention that industrially sanctioned youth wages should not be affected by the changes to the Discrimination Act, although it should be unlawful to dismiss a person simply because that person is no longer eligible for a youth wage. We would therefore like to make it clear to employers that the proposed legislation will not affect youth wages that are set in awards. In any event, awards in the ACT are Federal and will, as a matter of law, render ineffective any inconsistent ACT legislation. Special training schemes that address the disadvantages that young employed people face would also be exempted by the existing positive discrimination provision in the Discrimination Act.
Madam Speaker, the Government is aware that employers in other States have been concerned that age discrimination laws will result in an ageing and inefficient labour force. We do not believe that this will be the case. However, there are some jobs that do require a particular level of health or fitness. Therefore, the Bill includes an exemption that permits age discrimination in employment where there are reasonable and relevant health and safety reasons for doing so. This means that it would be lawful to require workers to have health checks when they reach a particular age, where that is necessary for health and safety reasons. A similar exemption has been proposed in the area of goods and services and access to premises. This means that it would be possible to require that children must be accompanied by an adult, where that is necessary for safety reasons.
The discussion paper also raises the question of applying age discrimination laws to recreational activities. It can be asked whether there is anything to be gained in regulating these activities, given the range of choices that are readily available. Therefore, while the proposed legislation would apply to banking and finance, to professional and government services, an exemption is proposed for the
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