{"id":"C2004A03429","name":"Equal Employment Opportunity (Commonwealth Authorities) Act 1987","slug":"equal-employment-opportunity-commonwealth-authorities-act-1987","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"20 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7566,"registerId":"commonwealth-C2004A03429-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> authority means:\n\n    (a) an incorporated or unincorporated body or authority established for a public purpose:\n    (i) by an Act or by regulations made under an Act; or\n    (ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);\n    being a body whose staff consists of, or includes, persons who are not APS employees; or\n    (b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;\n  but does not include a relevant employer as defined in section 3 of the Workplace Gender Equality Act 2012.\n\n> designated group means any of the following classes of persons:\n\n    (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n    (b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;\n    (c) persons with a physical or mental disability;\n    (d) any other class of persons prescribed by the regulations for the purposes of this definition.\n\n> discrimination means:\n\n    (a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or\n    (b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability.\n\n> employee means a natural person appointed or engaged:\n\n    (a) under a contract of service, whether on a full‑time, part‑time, casual or temporary basis; or\n    (b) under a contract for services.\n\n> employment matters includes:\n\n    (a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;\n    (b) promotion and transfer of employees;\n    (c) training and staff development for employees; and\n    (d) conditions of service of employees.\n\n> operative day, in relation to an authority, means the day specified in relation to that authority in subsection 5(2).\n\n> overseas means outside Australia.\n\n> program, in relation to a relevant authority, means an equal employment opportunity program designed to ensure that appropriate action is taken by the authority:\n\n    (a) to eliminate discrimination by it against; and\n    (b) to promote equal opportunity for;\n  women and persons in designated groups in relation to employment matters.\n\n> relevant authority means an authority that employs 40 or more employees in Australia.\n\n> responsible Minister, for a relevant authority, means:\n\n    (a) if the regulations prescribe a Minister as responsible for the authority—that Minister; or\n    (b) otherwise—the Minister responsible for the authority.\n\n> trade union means:\n\n    (a) an organisation of employees registered pursuant to the Fair Work (Registered Organisations) Act 2009; or\n    (b) a trade union within the meaning of a State Act or law of a Territory.\n\n> woman means a member of the female sex irrespective of age.\n\n  (2) A reference to discrimination in relation to employment matters does not include a reference to discrimination that:\n    (a) is essential for the effective performance of the duties to which the employment matters relate; and\n    (b) is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.\n  (3) For the purposes of this Act, an authority employs an employee in Australia if the contract, by which the employee is appointed or engaged, is made in Australia, notwithstanding that the employee may perform duties overseas.\n  (4) Nothing in this Act shall be taken to require any action incompatible with the principle that employment matters should be dealt with on the basis of merit.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"Programs","content":"An Act to require certain Commonwealth authorities to promote equal opportunity in employment for women and persons in designated groups and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> authority means:\n\n    (a) an incorporated or unincorporated body or authority established for a public purpose:\n    (i) by an Act or by regulations made under an Act; or\n    (ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);\n    being a body whose staff consists of, or includes, persons who are not APS employees; or\n    (b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;\n  but does not include a relevant employer as defined in section 3 of the Workplace Gender Equality Act 2012.\n\n> designated group means any of the following classes of persons:\n\n    (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n    (b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;\n    (c) persons with a physical or mental disability;\n    (d) any other class of persons prescribed by the regulations for the purposes of this definition.\n\n> discrimination means:\n\n    (a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or\n    (b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability.\n\n> employee means a natural person appointed or engaged:\n\n    (a) under a contract of service, whether on a full‑time, part‑time, casual or temporary basis; or\n    (b) under a contract for services.\n\n> employment matters includes:\n\n    (a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;\n    (b) promotion and transfer of employees;\n    (c) training and staff development for employees; and\n    (d) conditions of service of employees.\n\n> operative day, in relation to an authority, means the day specified in relation to that authority in subsection 5(2).\n\n> overseas means outside Australia.\n\n> program, in relation to a relevant authority, means an equal employment opportunity program designed to ensure that appropriate action is taken by the authority:\n\n    (a) to eliminate discrimination by it against; and\n    (b) to promote equal opportunity for;\n  women and persons in designated groups in relation to employment matters.\n\n> relevant authority means an authority that employs 40 or more employees in Australia.\n\n> responsible Minister, for a relevant authority, means:\n\n    (a) if the regulations prescribe a Minister as responsible for the authority—that Minister; or\n    (b) otherwise—the Minister responsible for the authority.\n\n> trade union means:\n\n    (a) an organisation of employees registered pursuant to the Fair Work (Registered Organisations) Act 2009; or\n    (b) a trade union within the meaning of a State Act or law of a Territory.\n\n> woman means a member of the female sex irrespective of age.\n\n  (2) A reference to discrimination in relation to employment matters does not include a reference to discrimination that:\n    (a) is essential for the effective performance of the duties to which the employment matters relate; and\n    (b) is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.\n  (3) For the purposes of this Act, an authority employs an employee in Australia if the contract, by which the employee is appointed or engaged, is made in Australia, notwithstanding that the employee may perform duties overseas.\n  (4) Nothing in this Act shall be taken to require any action incompatible with the principle that employment matters should be dealt with on the basis of merit.\n\n## Part II—Programs\n\n#### 5 Relevant authorities required to develop etc. programs\n\n  (1) A relevant authority shall commence the development and implementation of a program on the operative day.\n  (2) The operative day is:\n    (a) in relation to an authority that is a relevant authority on 1 July 1987 or such later day as is prescribed—that day or that later day; and\n    (b) in any other case—the day on which an authority becomes a relevant authority.\n  (3) A reference in paragraph (2)(b) to an authority becoming a relevant authority on a particular day includes a reference to an authority that comes into existence on that day.\n  (4) Where, at any time, an authority ceases to be a relevant authority because the number of employees employed by it in Australia falls below 40, this Act continues to apply to the authority as if the authority was a relevant authority unless and until the number of employees employed by it in Australia falls below 30.\n\n#### 6 Contents of program\n\n  Without limiting the generality of the definition of program in subsection 3(1), the program of a relevant authority shall provide for action to be taken:\n    (a) to inform employees of the contents of the program and of the results of any monitoring and evaluation of the program under paragraph (h);\n    (b) to confer responsibility for the development and implementation of the program (including a continuous review of the program), on a person or persons having sufficient authority and status within the management of the relevant authority to enable the person or persons properly to develop and implement the program;\n    (c) to consult with each trade union having members affected by the proposal for the development and implementation of the program in accordance with this Act;\n    (d) to consult with employees of the relevant authority, particularly employees who are women or persons in designated groups;\n    (e) for the collection and recording of statistics and related information concerning employment by the relevant authority, including the number of, and the types of jobs undertaken by, or job classifications of:\n    (i) employees of either sex; and\n    (ii) persons in designated groups;\n    (f) to consider policies, and examine practices, of the relevant authority, in relation to employment matters to identify:\n    (i) any policies or practices that discriminate against women or persons in designated groups; and\n    (ii) any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity in respect of women or persons in designated groups;\n    (g) to set:\n    (i) the particular objectives to be achieved by the program; and\n    (ii) the quantitative and other indicators against which the effectiveness of the program is to be assessed;\n    (h) to monitor and evaluate the implementation of the program and:\n    (i) to assess the achievement of those objectives; and\n    (ii) to assess the effectiveness of the program by comparing statistics and information collected and recorded under paragraph (e) with the indicators against which the effectiveness of the program is to be assessed.\n\n#### 7 Regard to be had to program\n\n  A relevant authority shall take any action necessary to give effect to its program and any person who exercises powers in relation to employment matters in the authority shall have regard to the program in exercising those powers.\n\n## Part III—Reports by relevant authorities\n\n#### 9 Annual program report\n\n  (1) A relevant authority shall:\n    (a) prepare a report (in this section called a program report) on the development and implementation of its program during each period of 12 months commencing on the operative day in relation to the authority or the anniversary of that day; and\n    (b) lodge the report with the responsible Minister within 3 months after the end of the period to which the report relates.\n  (2) A program report shall provide, in respect of the period to which it relates:\n    (a) a detailed analysis of the action taken by the relevant authority to develop and implement its program;\n    (b) the assessments referred to in paragraph 6(h); and\n    (c) particulars of each direction given by the Minister under section 12.\n  (3) Where a relevant authority has lodged a program report with the responsible Minister, that Minister:\n    (a) shall, if the report fails to satisfy the requirements of this Act, by notice in writing, request the authority to lodge a further report, within such period as is specified in the notice; and\n    (b) shall, if the report or further report, as the case may be, satisfies the requirements of this Act, cause a copy of the report or further report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which that Minister receives the report or further report.\n  (4) If:\n    (a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and\n    (b) the annual report is lodged with the responsible Minister within 3 months after the end of the period to which a program report relates;\n  then the authority may, with the consent of the responsible Minister, include that program report in the annual report.\n  (5) Where an authority ceases to be a relevant authority, this section continues to apply, in relation to the final period, as if:\n    (a) references to the relevant authority were references to the authority; and\n    (b) a reference to a period of 12 months were a reference to the final period.\n  (6) In subsection (5), final period means the period beginning on the last anniversary of the operative day before the day on which the authority ceased to be a relevant authority and ending on that day.\n\n#### 10 Special report upon request\n\n  (1) The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.\n  (2) In this section, special report means a report in writing (other than a report under section 9) in relation to the development, implementation or review of the program of the authority.\n  (3) A notice under sub‑section (1) may specify the particular aspects of the program of the authority that are to be dealt with in the special report.\n  (4) Where a relevant authority has lodged a special report with the responsible Minister, that Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.\n\n#### 11 Minister may make recommendations\n\n  (1) After considering a report lodged by a relevant authority under this Part, the responsible Minister may make a recommendation in writing to the authority regarding the action to be taken by the authority to improve the effectiveness of its program.\n  (2) If the authority does not concur in or adopt a recommendation made under subsection (1), the authority must, within a reasonable time, inform the responsible Minister in writing of the authority’s reasons for not concurring in or adopting the recommendation.\n\n## Part IV—Miscellaneous\n\n#### 12 Directions by Minister\n\n  (1) The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.\n  (2) Where, under an Act other than this Act, a relevant authority submits a corporate plan to its responsible Minister, that Minister may have regard to that authority’s obligations under this Act and, if that Minister considers that the corporate plan should be revised for the purposes of giving effect to those obligations, shall direct the authority in writing to revise the corporate plan accordingly.\n  (3) For the purposes of subsection (2), corporate plan means a plan, however described, prepared by the relevant authority defining the principal objectives of the authority and outlining the policies or strategies to be pursued by the authority in achieving those objectives.\n\n#### 15 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Relevant authorities required to develop etc. programs","content":"#### 5 Relevant authorities required to develop etc. programs\n\n  (1) A relevant authority shall commence the development and implementation of a program on the operative day.\n  (2) The operative day is:\n    (a) in relation to an authority that is a relevant authority on 1 July 1987 or such later day as is prescribed—that day or that later day; and\n    (b) in any other case—the day on which an authority becomes a relevant authority.\n  (3) A reference in paragraph (2)(b) to an authority becoming a relevant authority on a particular day includes a reference to an authority that comes into existence on that day.\n  (4) Where, at any time, an authority ceases to be a relevant authority because the number of employees employed by it in Australia falls below 40, this Act continues to apply to the authority as if the authority was a relevant authority unless and until the number of employees employed by it in Australia falls below 30.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Contents of program","content":"#### 6 Contents of program\n\n  Without limiting the generality of the definition of program in subsection 3(1), the program of a relevant authority shall provide for action to be taken:\n    (a) to inform employees of the contents of the program and of the results of any monitoring and evaluation of the program under paragraph (h);\n    (b) to confer responsibility for the development and implementation of the program (including a continuous review of the program), on a person or persons having sufficient authority and status within the management of the relevant authority to enable the person or persons properly to develop and implement the program;\n    (c) to consult with each trade union having members affected by the proposal for the development and implementation of the program in accordance with this Act;\n    (d) to consult with employees of the relevant authority, particularly employees who are women or persons in designated groups;\n    (e) for the collection and recording of statistics and related information concerning employment by the relevant authority, including the number of, and the types of jobs undertaken by, or job classifications of:\n    (i) employees of either sex; and\n    (ii) persons in designated groups;\n    (f) to consider policies, and examine practices, of the relevant authority, in relation to employment matters to identify:\n    (i) any policies or practices that discriminate against women or persons in designated groups; and\n    (ii) any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity in respect of women or persons in designated groups;\n    (g) to set:\n    (i) the particular objectives to be achieved by the program; and\n    (ii) the quantitative and other indicators against which the effectiveness of the program is to be assessed;\n    (h) to monitor and evaluate the implementation of the program and:\n    (i) to assess the achievement of those objectives; and\n    (ii) to assess the effectiveness of the program by comparing statistics and information collected and recorded under paragraph (e) with the indicators against which the effectiveness of the program is to be assessed.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Regard to be had to program","content":"#### 7 Regard to be had to program\n\n  A relevant authority shall take any action necessary to give effect to its program and any person who exercises powers in relation to employment matters in the authority shall have regard to the program in exercising those powers.","sortOrder":7},{"sectionNumber":"Part III","sectionType":"part","heading":"Reports by relevant authorities","content":"An Act to require certain Commonwealth authorities to promote equal opportunity in employment for women and persons in designated groups and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> authority means:\n\n    (a) an incorporated or unincorporated body or authority established for a public purpose:\n    (i) by an Act or by regulations made under an Act; or\n    (ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);\n    being a body whose staff consists of, or includes, persons who are not APS employees; or\n    (b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;\n  but does not include a relevant employer as defined in section 3 of the Workplace Gender Equality Act 2012.\n\n> designated group means any of the following classes of persons:\n\n    (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n    (b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;\n    (c) persons with a physical or mental disability;\n    (d) any other class of persons prescribed by the regulations for the purposes of this definition.\n\n> discrimination means:\n\n    (a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or\n    (b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability.\n\n> employee means a natural person appointed or engaged:\n\n    (a) under a contract of service, whether on a full‑time, part‑time, casual or temporary basis; or\n    (b) under a contract for services.\n\n> employment matters includes:\n\n    (a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;\n    (b) promotion and transfer of employees;\n    (c) training and staff development for employees; and\n    (d) conditions of service of employees.\n\n> operative day, in relation to an authority, means the day specified in relation to that authority in subsection 5(2).\n\n> overseas means outside Australia.\n\n> program, in relation to a relevant authority, means an equal employment opportunity program designed to ensure that appropriate action is taken by the authority:\n\n    (a) to eliminate discrimination by it against; and\n    (b) to promote equal opportunity for;\n  women and persons in designated groups in relation to employment matters.\n\n> relevant authority means an authority that employs 40 or more employees in Australia.\n\n> responsible Minister, for a relevant authority, means:\n\n    (a) if the regulations prescribe a Minister as responsible for the authority—that Minister; or\n    (b) otherwise—the Minister responsible for the authority.\n\n> trade union means:\n\n    (a) an organisation of employees registered pursuant to the Fair Work (Registered Organisations) Act 2009; or\n    (b) a trade union within the meaning of a State Act or law of a Territory.\n\n> woman means a member of the female sex irrespective of age.\n\n  (2) A reference to discrimination in relation to employment matters does not include a reference to discrimination that:\n    (a) is essential for the effective performance of the duties to which the employment matters relate; and\n    (b) is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.\n  (3) For the purposes of this Act, an authority employs an employee in Australia if the contract, by which the employee is appointed or engaged, is made in Australia, notwithstanding that the employee may perform duties overseas.\n  (4) Nothing in this Act shall be taken to require any action incompatible with the principle that employment matters should be dealt with on the basis of merit.\n\n## Part II—Programs\n\n#### 5 Relevant authorities required to develop etc. programs\n\n  (1) A relevant authority shall commence the development and implementation of a program on the operative day.\n  (2) The operative day is:\n    (a) in relation to an authority that is a relevant authority on 1 July 1987 or such later day as is prescribed—that day or that later day; and\n    (b) in any other case—the day on which an authority becomes a relevant authority.\n  (3) A reference in paragraph (2)(b) to an authority becoming a relevant authority on a particular day includes a reference to an authority that comes into existence on that day.\n  (4) Where, at any time, an authority ceases to be a relevant authority because the number of employees employed by it in Australia falls below 40, this Act continues to apply to the authority as if the authority was a relevant authority unless and until the number of employees employed by it in Australia falls below 30.\n\n#### 6 Contents of program\n\n  Without limiting the generality of the definition of program in subsection 3(1), the program of a relevant authority shall provide for action to be taken:\n    (a) to inform employees of the contents of the program and of the results of any monitoring and evaluation of the program under paragraph (h);\n    (b) to confer responsibility for the development and implementation of the program (including a continuous review of the program), on a person or persons having sufficient authority and status within the management of the relevant authority to enable the person or persons properly to develop and implement the program;\n    (c) to consult with each trade union having members affected by the proposal for the development and implementation of the program in accordance with this Act;\n    (d) to consult with employees of the relevant authority, particularly employees who are women or persons in designated groups;\n    (e) for the collection and recording of statistics and related information concerning employment by the relevant authority, including the number of, and the types of jobs undertaken by, or job classifications of:\n    (i) employees of either sex; and\n    (ii) persons in designated groups;\n    (f) to consider policies, and examine practices, of the relevant authority, in relation to employment matters to identify:\n    (i) any policies or practices that discriminate against women or persons in designated groups; and\n    (ii) any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity in respect of women or persons in designated groups;\n    (g) to set:\n    (i) the particular objectives to be achieved by the program; and\n    (ii) the quantitative and other indicators against which the effectiveness of the program is to be assessed;\n    (h) to monitor and evaluate the implementation of the program and:\n    (i) to assess the achievement of those objectives; and\n    (ii) to assess the effectiveness of the program by comparing statistics and information collected and recorded under paragraph (e) with the indicators against which the effectiveness of the program is to be assessed.\n\n#### 7 Regard to be had to program\n\n  A relevant authority shall take any action necessary to give effect to its program and any person who exercises powers in relation to employment matters in the authority shall have regard to the program in exercising those powers.\n\n## Part III—Reports by relevant authorities\n\n#### 9 Annual program report\n\n  (1) A relevant authority shall:\n    (a) prepare a report (in this section called a program report) on the development and implementation of its program during each period of 12 months commencing on the operative day in relation to the authority or the anniversary of that day; and\n    (b) lodge the report with the responsible Minister within 3 months after the end of the period to which the report relates.\n  (2) A program report shall provide, in respect of the period to which it relates:\n    (a) a detailed analysis of the action taken by the relevant authority to develop and implement its program;\n    (b) the assessments referred to in paragraph 6(h); and\n    (c) particulars of each direction given by the Minister under section 12.\n  (3) Where a relevant authority has lodged a program report with the responsible Minister, that Minister:\n    (a) shall, if the report fails to satisfy the requirements of this Act, by notice in writing, request the authority to lodge a further report, within such period as is specified in the notice; and\n    (b) shall, if the report or further report, as the case may be, satisfies the requirements of this Act, cause a copy of the report or further report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which that Minister receives the report or further report.\n  (4) If:\n    (a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and\n    (b) the annual report is lodged with the responsible Minister within 3 months after the end of the period to which a program report relates;\n  then the authority may, with the consent of the responsible Minister, include that program report in the annual report.\n  (5) Where an authority ceases to be a relevant authority, this section continues to apply, in relation to the final period, as if:\n    (a) references to the relevant authority were references to the authority; and\n    (b) a reference to a period of 12 months were a reference to the final period.\n  (6) In subsection (5), final period means the period beginning on the last anniversary of the operative day before the day on which the authority ceased to be a relevant authority and ending on that day.\n\n#### 10 Special report upon request\n\n  (1) The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.\n  (2) In this section, special report means a report in writing (other than a report under section 9) in relation to the development, implementation or review of the program of the authority.\n  (3) A notice under sub‑section (1) may specify the particular aspects of the program of the authority that are to be dealt with in the special report.\n  (4) Where a relevant authority has lodged a special report with the responsible Minister, that Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.\n\n#### 11 Minister may make recommendations\n\n  (1) After considering a report lodged by a relevant authority under this Part, the responsible Minister may make a recommendation in writing to the authority regarding the action to be taken by the authority to improve the effectiveness of its program.\n  (2) If the authority does not concur in or adopt a recommendation made under subsection (1), the authority must, within a reasonable time, inform the responsible Minister in writing of the authority’s reasons for not concurring in or adopting the recommendation.\n\n## Part IV—Miscellaneous\n\n#### 12 Directions by Minister\n\n  (1) The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.\n  (2) Where, under an Act other than this Act, a relevant authority submits a corporate plan to its responsible Minister, that Minister may have regard to that authority’s obligations under this Act and, if that Minister considers that the corporate plan should be revised for the purposes of giving effect to those obligations, shall direct the authority in writing to revise the corporate plan accordingly.\n  (3) For the purposes of subsection (2), corporate plan means a plan, however described, prepared by the relevant authority defining the principal objectives of the authority and outlining the policies or strategies to be pursued by the authority in achieving those objectives.\n\n#### 15 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Annual program report","content":"#### 9 Annual program report\n\n  (1) A relevant authority shall:\n    (a) prepare a report (in this section called a program report) on the development and implementation of its program during each period of 12 months commencing on the operative day in relation to the authority or the anniversary of that day; and\n    (b) lodge the report with the responsible Minister within 3 months after the end of the period to which the report relates.\n  (2) A program report shall provide, in respect of the period to which it relates:\n    (a) a detailed analysis of the action taken by the relevant authority to develop and implement its program;\n    (b) the assessments referred to in paragraph 6(h); and\n    (c) particulars of each direction given by the Minister under section 12.\n  (3) Where a relevant authority has lodged a program report with the responsible Minister, that Minister:\n    (a) shall, if the report fails to satisfy the requirements of this Act, by notice in writing, request the authority to lodge a further report, within such period as is specified in the notice; and\n    (b) shall, if the report or further report, as the case may be, satisfies the requirements of this Act, cause a copy of the report or further report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which that Minister receives the report or further report.\n  (4) If:\n    (a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and\n    (b) the annual report is lodged with the responsible Minister within 3 months after the end of the period to which a program report relates;\n  then the authority may, with the consent of the responsible Minister, include that program report in the annual report.\n  (5) Where an authority ceases to be a relevant authority, this section continues to apply, in relation to the final period, as if:\n    (a) references to the relevant authority were references to the authority; and\n    (b) a reference to a period of 12 months were a reference to the final period.\n  (6) In subsection (5), final period means the period beginning on the last anniversary of the operative day before the day on which the authority ceased to be a relevant authority and ending on that day.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Special report upon request","content":"#### 10 Special report upon request\n\n  (1) The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.\n  (2) In this section, special report means a report in writing (other than a report under section 9) in relation to the development, implementation or review of the program of the authority.\n  (3) A notice under sub‑section (1) may specify the particular aspects of the program of the authority that are to be dealt with in the special report.\n  (4) Where a relevant authority has lodged a special report with the responsible Minister, that Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Minister may make recommendations","content":"#### 11 Minister may make recommendations\n\n  (1) After considering a report lodged by a relevant authority under this Part, the responsible Minister may make a recommendation in writing to the authority regarding the action to be taken by the authority to improve the effectiveness of its program.\n  (2) If the authority does not concur in or adopt a recommendation made under subsection (1), the authority must, within a reasonable time, inform the responsible Minister in writing of the authority’s reasons for not concurring in or adopting the recommendation.","sortOrder":11},{"sectionNumber":"Part IV","sectionType":"part","heading":"Miscellaneous","content":"An Act to require certain Commonwealth authorities to promote equal opportunity in employment for women and persons in designated groups and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> authority means:\n\n    (a) an incorporated or unincorporated body or authority established for a public purpose:\n    (i) by an Act or by regulations made under an Act; or\n    (ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);\n    being a body whose staff consists of, or includes, persons who are not APS employees; or\n    (b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;\n  but does not include a relevant employer as defined in section 3 of the Workplace Gender Equality Act 2012.\n\n> designated group means any of the following classes of persons:\n\n    (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n    (b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;\n    (c) persons with a physical or mental disability;\n    (d) any other class of persons prescribed by the regulations for the purposes of this definition.\n\n> discrimination means:\n\n    (a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or\n    (b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability.\n\n> employee means a natural person appointed or engaged:\n\n    (a) under a contract of service, whether on a full‑time, part‑time, casual or temporary basis; or\n    (b) under a contract for services.\n\n> employment matters includes:\n\n    (a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;\n    (b) promotion and transfer of employees;\n    (c) training and staff development for employees; and\n    (d) conditions of service of employees.\n\n> operative day, in relation to an authority, means the day specified in relation to that authority in subsection 5(2).\n\n> overseas means outside Australia.\n\n> program, in relation to a relevant authority, means an equal employment opportunity program designed to ensure that appropriate action is taken by the authority:\n\n    (a) to eliminate discrimination by it against; and\n    (b) to promote equal opportunity for;\n  women and persons in designated groups in relation to employment matters.\n\n> relevant authority means an authority that employs 40 or more employees in Australia.\n\n> responsible Minister, for a relevant authority, means:\n\n    (a) if the regulations prescribe a Minister as responsible for the authority—that Minister; or\n    (b) otherwise—the Minister responsible for the authority.\n\n> trade union means:\n\n    (a) an organisation of employees registered pursuant to the Fair Work (Registered Organisations) Act 2009; or\n    (b) a trade union within the meaning of a State Act or law of a Territory.\n\n> woman means a member of the female sex irrespective of age.\n\n  (2) A reference to discrimination in relation to employment matters does not include a reference to discrimination that:\n    (a) is essential for the effective performance of the duties to which the employment matters relate; and\n    (b) is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.\n  (3) For the purposes of this Act, an authority employs an employee in Australia if the contract, by which the employee is appointed or engaged, is made in Australia, notwithstanding that the employee may perform duties overseas.\n  (4) Nothing in this Act shall be taken to require any action incompatible with the principle that employment matters should be dealt with on the basis of merit.\n\n## Part II—Programs\n\n#### 5 Relevant authorities required to develop etc. programs\n\n  (1) A relevant authority shall commence the development and implementation of a program on the operative day.\n  (2) The operative day is:\n    (a) in relation to an authority that is a relevant authority on 1 July 1987 or such later day as is prescribed—that day or that later day; and\n    (b) in any other case—the day on which an authority becomes a relevant authority.\n  (3) A reference in paragraph (2)(b) to an authority becoming a relevant authority on a particular day includes a reference to an authority that comes into existence on that day.\n  (4) Where, at any time, an authority ceases to be a relevant authority because the number of employees employed by it in Australia falls below 40, this Act continues to apply to the authority as if the authority was a relevant authority unless and until the number of employees employed by it in Australia falls below 30.\n\n#### 6 Contents of program\n\n  Without limiting the generality of the definition of program in subsection 3(1), the program of a relevant authority shall provide for action to be taken:\n    (a) to inform employees of the contents of the program and of the results of any monitoring and evaluation of the program under paragraph (h);\n    (b) to confer responsibility for the development and implementation of the program (including a continuous review of the program), on a person or persons having sufficient authority and status within the management of the relevant authority to enable the person or persons properly to develop and implement the program;\n    (c) to consult with each trade union having members affected by the proposal for the development and implementation of the program in accordance with this Act;\n    (d) to consult with employees of the relevant authority, particularly employees who are women or persons in designated groups;\n    (e) for the collection and recording of statistics and related information concerning employment by the relevant authority, including the number of, and the types of jobs undertaken by, or job classifications of:\n    (i) employees of either sex; and\n    (ii) persons in designated groups;\n    (f) to consider policies, and examine practices, of the relevant authority, in relation to employment matters to identify:\n    (i) any policies or practices that discriminate against women or persons in designated groups; and\n    (ii) any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity in respect of women or persons in designated groups;\n    (g) to set:\n    (i) the particular objectives to be achieved by the program; and\n    (ii) the quantitative and other indicators against which the effectiveness of the program is to be assessed;\n    (h) to monitor and evaluate the implementation of the program and:\n    (i) to assess the achievement of those objectives; and\n    (ii) to assess the effectiveness of the program by comparing statistics and information collected and recorded under paragraph (e) with the indicators against which the effectiveness of the program is to be assessed.\n\n#### 7 Regard to be had to program\n\n  A relevant authority shall take any action necessary to give effect to its program and any person who exercises powers in relation to employment matters in the authority shall have regard to the program in exercising those powers.\n\n## Part III—Reports by relevant authorities\n\n#### 9 Annual program report\n\n  (1) A relevant authority shall:\n    (a) prepare a report (in this section called a program report) on the development and implementation of its program during each period of 12 months commencing on the operative day in relation to the authority or the anniversary of that day; and\n    (b) lodge the report with the responsible Minister within 3 months after the end of the period to which the report relates.\n  (2) A program report shall provide, in respect of the period to which it relates:\n    (a) a detailed analysis of the action taken by the relevant authority to develop and implement its program;\n    (b) the assessments referred to in paragraph 6(h); and\n    (c) particulars of each direction given by the Minister under section 12.\n  (3) Where a relevant authority has lodged a program report with the responsible Minister, that Minister:\n    (a) shall, if the report fails to satisfy the requirements of this Act, by notice in writing, request the authority to lodge a further report, within such period as is specified in the notice; and\n    (b) shall, if the report or further report, as the case may be, satisfies the requirements of this Act, cause a copy of the report or further report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which that Minister receives the report or further report.\n  (4) If:\n    (a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and\n    (b) the annual report is lodged with the responsible Minister within 3 months after the end of the period to which a program report relates;\n  then the authority may, with the consent of the responsible Minister, include that program report in the annual report.\n  (5) Where an authority ceases to be a relevant authority, this section continues to apply, in relation to the final period, as if:\n    (a) references to the relevant authority were references to the authority; and\n    (b) a reference to a period of 12 months were a reference to the final period.\n  (6) In subsection (5), final period means the period beginning on the last anniversary of the operative day before the day on which the authority ceased to be a relevant authority and ending on that day.\n\n#### 10 Special report upon request\n\n  (1) The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.\n  (2) In this section, special report means a report in writing (other than a report under section 9) in relation to the development, implementation or review of the program of the authority.\n  (3) A notice under sub‑section (1) may specify the particular aspects of the program of the authority that are to be dealt with in the special report.\n  (4) Where a relevant authority has lodged a special report with the responsible Minister, that Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.\n\n#### 11 Minister may make recommendations\n\n  (1) After considering a report lodged by a relevant authority under this Part, the responsible Minister may make a recommendation in writing to the authority regarding the action to be taken by the authority to improve the effectiveness of its program.\n  (2) If the authority does not concur in or adopt a recommendation made under subsection (1), the authority must, within a reasonable time, inform the responsible Minister in writing of the authority’s reasons for not concurring in or adopting the recommendation.\n\n## Part IV—Miscellaneous\n\n#### 12 Directions by Minister\n\n  (1) The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.\n  (2) Where, under an Act other than this Act, a relevant authority submits a corporate plan to its responsible Minister, that Minister may have regard to that authority’s obligations under this Act and, if that Minister considers that the corporate plan should be revised for the purposes of giving effect to those obligations, shall direct the authority in writing to revise the corporate plan accordingly.\n  (3) For the purposes of subsection (2), corporate plan means a plan, however described, prepared by the relevant authority defining the principal objectives of the authority and outlining the policies or strategies to be pursued by the authority in achieving those objectives.\n\n#### 15 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Directions by Minister","content":"#### 12 Directions by Minister\n\n  (1) The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.\n  (2) Where, under an Act other than this Act, a relevant authority submits a corporate plan to its responsible Minister, that Minister may have regard to that authority’s obligations under this Act and, if that Minister considers that the corporate plan should be revised for the purposes of giving effect to those obligations, shall direct the authority in writing to revise the corporate plan accordingly.\n  (3) For the purposes of subsection (2), corporate plan means a plan, however described, prepared by the relevant authority defining the principal objectives of the authority and outlining the policies or strategies to be pursued by the authority in achieving those objectives.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: requiring Commonwealth authorities to implement equal employment opportunity programs for women and designated groups. While there have been amendments over time (notably updating references to modern legislation like the Workplace Gender Equality Act 2012 and Fair Work legislation), the core scope—applying to Commonwealth authorities with 40+ employees, requiring programs, consultation, and reporting—has remained consistent with the 1987 intent."},"complexity_factors":["11 defined terms in section 3, several with nested sub-definitions (e.g., 'authority' has two main limbs with sub-clauses, 'designated group' has four categories)","Cross-references to external discrimination legislation (Racial Discrimination Act 1975, Sex Discrimination Act 1984, Workplace Gender Equality Act 2012, Fair Work (Registered Organisations) Act 2009)","Conditional threshold logic for 'relevant authority' status (40+ employees triggers coverage, 30 employees triggers exit) with a 'sticky' provision in section 5(4)","Temporal complexity with 'operative day' calculations that differ for existing vs new authorities","Dual reporting pathways (standalone program report vs inclusion in annual report) with Ministerial consent requirements","Multiple Ministerial powers with different triggers: general directions (s.12), corporate plan revisions (s.12(2)), recommendations (s.11), and special reports (s.10)"],"plain_english_summary":"This law requires certain Commonwealth government bodies to actively promote equal employment opportunities for women and specific disadvantaged groups.\n\n**Who it affects:**\n- **Commonwealth authorities** with 40 or more employees in Australia. This includes government-owned companies and statutory bodies (but not regular government departments with APS staff, and not employers covered by the separate Workplace Gender Equality Act).\n- **Employees** of these authorities, particularly women, Aboriginal and Torres Strait Islander peoples, migrants whose first language isn't English (and their children), and people with disabilities.\n\n**What it requires:**\n- **Develop a program:** Covered authorities must create and implement an \"equal employment opportunity program\" starting from a specific date (the \"operative day\").\n- **Consult widely:** They must consult with trade unions and employees, especially those from the target groups.\n- **Identify barriers:** The program must examine current policies and practices to spot discrimination or patterns of inequality in hiring, promotion, training, and working conditions.\n- **Set targets:** Authorities must set specific objectives and measurable indicators to track progress.\n- **Report annually:** They must submit yearly reports to their responsible Minister detailing what they've done and how effective it's been. These reports are tabled in Parliament.\n- **Ministerial oversight:** The responsible Minister can give directions, request special reports, and make recommendations to improve the program.\n\n**Key protections:**\n- The law explicitly protects **merit-based employment**—it doesn't require hiring anyone who isn't the best person for the job.\n- It allows for discrimination that is **essential** for performing specific job duties (for example, physical requirements for certain roles).\n- There's a \"buffer zone\" for shrinking organisations: if an authority drops below 40 employees, the law still applies until they drop below 30.\n\n**Why it matters:**\nThis is Australia's legislative framework for ensuring government-owned entities don't just avoid discrimination, but actively work to remove barriers and promote opportunities for historically disadvantaged groups in the workplace. It puts the onus on employers to systematically identify and fix inequality, not just wait for complaints."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Subsections 9(5)–(6), read with subsections 5(2) and 5(4)","severity":"high","reasoning":"Subsection 5(4) permits continued relevant-authority status to end when Australian employee numbers fall below 30, including during the first year. Subsection 9(5) still requires reporting for the “final period”. Under subsection 9(6), that period begins on “the last anniversary of the operative day before” cessation. Before the first anniversary no anniversary exists; if cessation occurs on the first anniversary, that anniversary is not “before” cessation. The reporting period therefore has no ascertainable beginning for either timing branch.","confidence":0.98,"description":"The final reporting period has no defined starting date if an authority ceases to be a relevant authority on or before the first anniversary of its operative day."}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original scope has narrowed over time. The Act was initially intended to cover a broad range of Commonwealth authorities. However, the explicit exclusion of organisations covered by the Workplace Gender Equality Act 2012 means the practical scope has shrunk as larger private-sector and some public-sector employers were carved out into that separate regime. The Act now primarily captures smaller or more specialised Commonwealth bodies and government-controlled companies not captured by the 2012 Act."},"complexity_factors":["Multiple interlocking definitions that must be read together to determine whether an organisation is covered (e.g. 'authority', 'relevant authority', 'employee', 'designated group')","Interaction with other legislation — the Act must be read alongside the Workplace Gender Equality Act 2012, Racial Discrimination Act 1975, Sex Discrimination Act 1984, and Fair Work (Registered Organisations) Act 2009","Threshold rules with a 'buffer zone' — organisations remain covered even after falling below 40 employees until they drop below 30, requiring ongoing monitoring","Distinction between employees in Australia and overseas-based staff (contract location test) adds jurisdictional nuance","Layered reporting obligations — annual reports, special reports, parliamentary tabling requirements, and remedial reporting if initial reports are inadequate","Tension between anti-discrimination obligations and merit principle requires contextual judgement","Ministerial directions and recommendations create a soft enforcement regime that is not straightforward — organisations can push back but must explain themselves in writing","Significant repetition in the document as provided makes navigation difficult, though the underlying legal structure is relatively clear"],"plain_english_summary":"This Act requires Commonwealth statutory authorities and government‑controlled companies with 40+ Australian employees to create, run and report on Equal Employment Opportunity programs to improve outcomes for women and specified disadvantaged groups (e.g. Indigenous people, migrants with limited English, people with disability).  \n\nIt matters because covered employers must set measurable goals, monitor progress and report publicly to their Minister and Parliament — giving staff and communities transparency and enforceable expectations about workplace fairness."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The supplied text defines the Act's scope as applying to Commonwealth authorities that employ 40 or more employees in Australia, sets who is covered as 'designated groups', and prescribes program, reporting and ministerial powers. The provided material contains no amendments or alternative wording indicating a change from that original scope."},"complexity_factors":["Scope triggers and transitional carry‑over tied to employee counts (operative day, 40‑employee threshold; continues until below 30) (s5(1)–(4)).","Extensive defined terms and cross‑references to other statutes (Racial Discrimination Act 1975; Sex Discrimination Act 1984; exclusion of 'relevant employer' under Workplace Gender Equality Act 2012) affect interpretation (s3(1)–(4)).","Detailed program content obligations requiring data collection, statistical recording, monitoring, evaluation and setting quantitative indicators impose administrative and compliance burden (s6(a), (e)–(h)).","Reporting regime: annual program reports with strict timing, possible ministerial requests for further reports, and parliamentary laying requirements increase oversight and procedural complexity (s9, s10).","Ministerial discretion to make recommendations and to give written directions, including ordering corporate‑plan revisions, concentrates decision rights with the responsible Minister (s11, s12(1)–(2)).","Delegated‑legislation potential: regulations may prescribe additional classes within 'designated groups' and other matters, creating uncertainty until regulations are made (s3(1)(d), s15).","Interaction and possible duplication with other statutory reporting or program obligations (permission to include program report in another annual report with Minister's consent) requires coordination (s9(4)).","Explicit protection of merit principle may require authorities to balance affirmative measures against existing selection rules (s3(4))."],"plain_english_summary":"The Act requires Commonwealth authorities that employ 40 or more people in Australia to develop, implement and monitor equal employment opportunity (EEO) programs for women and prescribed “designated groups”. Affected authorities must collect employment data, consult staff and unions, set objectives and measurable indicators, and lodge annual and special reports with their responsible Minister, who may recommend changes or issue written directions and require corporate‑plan revisions."}},"importantCases":[],"_links":{"self":"/api/acts/equal-employment-opportunity-commonwealth-authorities-act-1987","history":"/api/acts/equal-employment-opportunity-commonwealth-authorities-act-1987/history","analysis":"/api/acts/equal-employment-opportunity-commonwealth-authorities-act-1987/analysis","conflicts":"/api/acts/equal-employment-opportunity-commonwealth-authorities-act-1987/conflicts","importantCases":"/api/acts/equal-employment-opportunity-commonwealth-authorities-act-1987/important-cases","documents":"/api/acts/equal-employment-opportunity-commonwealth-authorities-act-1987/documents"}}