NTIn ForceAct
Public Sector Employment and Management Act 1993
38BSpecial measures to address inequality of opportunity
Start here
Get a plain-English read of 38B
Turn the raw legal text into a practical explanation grounded in Public Sector Employment and Management Act 1993.
38B Special measures to address inequality of opportunity
(1) The merit principle does not prevent the implementation of special
measures.
Public Sector Employment and Management Act 1993 30
(2) The Chief Executive Officer of an Agency must not implement
special measures in connection with human resource management
in the Agency unless the measures have been approved by the
special measures means a program, plan or arrangement to which
section 57 of the Anti-Discrimination Act 1992 applies.
Note for section 38B
Section 57 of the Anti-Discrimination Act 1992 allows a person in certain
circumstances to discriminate against another person in a way that would
otherwise be unlawful under that Act if doing so is designed to promote equality
of opportunity for a group of people who are disadvantaged.