22BEqual employment opportunity programs

##### 22B Equal employment opportunity programs (1) In this section, unless the contrary intention appears: > employment matters, in relation to a Department, means: (a) the selection of persons for appointment as officers, or for employment as employees, in the Department; (b) the promotion and transfer of: (i) officers to offices in the Department; and (ii) officers in the Department to offices in other Departments; (c) training and staff development for officers and employees in the Department; (d) terms or conditions of service of officers and employees in the Department; and (e) any other matter related to the employment of officers and employees in the Department. > equal employment opportunity program, in relation to a Department, means a program designed to ensure that: (a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters in the Department; and (b) measures are taken to enable women and persons in designated groups to: (i) compete for promotion and transfer in the Department and in the Service generally; (ii) pursue careers in the Department and in the Service generally; as effectively as other persons. > program includes: (a) the particular objectives to be achieved by the program; (b) the policies to be adopted, and the procedures to be followed, to achieve those objectives; (c) the quantitative or other indicators against which the effectiveness of the program is to be assessed; and (d) the allocation of staff and other resources to the task of giving effect to the program. > unjustified discrimination includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984. (2) Without limiting the generality of the definition of equal employment opportunity program in subsection (1), the equal employment opportunity program for a Department shall include provision for action to be taken to: (a) examine practices in relation to employment matters in the Department to identify: (i) any practices that unjustifiably discriminate against women or persons in designated groups; and (ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups; (b) eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a); (c) inform officers and employees in the Department, and relevant staff organizations in relation to offices in the Department, of the contents of the program and of the results of any review of the program under subsection (4); (d) collect and record information, including statistical information, relevant to the operation of the program; (e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and (f) give effect to any guidelines issued under subsection (10). (3) As soon as practicable after the commencement of this section and, in any event, within 12 months after the commencement of this section, the Secretary of a Department shall: (a) after giving relevant staff organizations in relation to offices in the Department and such other persons as the Secretary considers appropriate an opportunity to put their views, cause to be developed an equal employment opportunity program for the Department; (b) cause to be prepared a statement in writing setting out the program so developed; and (c) give a copy of the statement to the Board. (4) The Secretary of a Department shall: (a) from time to time, after giving relevant staff organizations in relation to offices in the Department and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the Department to be reviewed; (b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and (c) give a copy of the statement to the Board. (5) The Secretary of a Department shall take any action necessary to give effect to the equal employment opportunity program for the Department and any person who exercises powers in relation to employment matters in the Department shall have regard to the program in exercising those powers. (6) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for the Department. (7) A notice under subsection (6) may specify the particular aspects of the equal employment opportunity program for the Department that are to be dealt with in the report. (8) Where the Board receives a statement under subsection (3) or (4) or a report under subsection (6), the Board, after considering the statement or report, may make recommendations to the relevant Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the Department. (9) If the Secretary does not concur in or adopt a recommendation made by the Board under subsection (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board. (10) The Board may from time to time, by notice in writing to Secretaries, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for Departments. (11) The Board shall, in a report furnished to the Prime Minister in accordance with section 15, report on the operation of this section. (12) Where a Department comes into existence after the commencement of this section, this section applies in relation to the Department as if a reference in subsection (3) to the commencement of this section were a reference to the day on which the Department comes into existence. (13) The regulations may provide that this section shall, subject to such modifications (if any) as are prescribed, apply to and in relation to a Commonwealth authority and, where the regulations so provide, this section applies to and in relation to the Commonwealth authority as if: (a) the Commonwealth authority were a Department; (b) references to the Secretary of a Department were references to the person for the time being holding, or performing the duties of, the office specified in the regulations for the purposes of this paragraph; (c) a reference in subsection (3) to the commencement of this section were a reference to the day on which the regulations came into force; and (d) if the regulations provide that a specified Minister is the prescribed authority for the purposes of the application of this section in relation to the Commonwealth authority—references in subsections (3), (4), (6), (8) and (9) to the Board were references to the Minister so specified. (14) The regulations may provide that the provisions of this section shall, subject to such modifications (if any) as are prescribed, apply to and in relation to the employment of: (a) members of the Australian Federal Police; (c) persons who are employed under section 42 of the Naval Defence Act 1910; (d) persons who are employed under section 10 of the Supply and Development Act 1939; (e) persons employed as officers of the Australian Security Intelligence Organization; or (f) officers appointed in pursuance of section 10 of the Trade Representatives Act 1933. (15) In subsections (13) and (14), modifications includes additions, omissions and substitutions. (16) Regulations made for the purposes of subsection (14) in relation to persons referred to in paragraph (14)(c) or (d) have effect notwithstanding subsection 42C(1) of the Naval Defence Act 1910 or subsection 10(2) of the Supply and Development Act 1939, as the case may be. (17) Where the Minister for Defence, by instrument in writing, declares that, by reason of defence or civil emergency, it is necessary for staff employed under the Naval Defence Act 1910 or the Supply and Development Act 1939 to be engaged in work in circumstances such that regulations made for the purposes of subsection (14) should not apply in respect of those staff, those regulations shall not apply in respect of those staff until that instrument is revoked by the Minister.