CTHRepealedLegislation
Public Service Regulations 1935
Sch 1ASubsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons appointed as officers, or engaged as employees, under the Commonwealth Teaching Service Act 1972
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Schedule 1A Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons appointed as officers, or engaged as employees, under the Commonwealth Teaching Service Act 1972
(regulation 70A)
> “appropriate staff organization” in relation to an office, or to employment in a particular capacity, in a component of the Service means an organization:
(b) for membership of which the person holding that office or employed in that capacity would be eligible; and
(c) that is a party to an industrial award that applies in relation to the salary payable in respect of the office, or in respect of employment in the capacity, being an industrial award to which the Minister administering the Commonwealth Teaching Service Act 1972 is also a party.
> “employment matters”, in relation to a component of the Service, means:
(a) the selection of persons for appointment as officers in, or for engagement as temporary employees in relation to, that component;
(b) the promotion and transfer of officers to offices in that component;
(c) the transfer of temporary employees to positions in that component;
(d) training and staff development for officers and temporary employees in that component;
(e) conditions of service of officers and temporary employees in that component; and
(f) any other matter related to the employment of officers and temporary employees in that component;
> “equal employment opportunity program”, in relation to a component of the Service, 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 that component; and
(b) measures are taken to enable women and persons in designated groups to:
(i) compete, if they are officers, for promotion and transfer in that component;
(ii) compete, if they are temporary employees, for transfer in that component; and
(iii) pursue careers in that component;
as effectively as other persons.
> “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 component of the Service
(a) examine practices in relation to employment matters in that component to identify:
(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;
(c) inform members of the Service in that component, and appropriate staff organizations in relation to offices and employment in particular capacities in that component, of the contents of the program and of the result of any review of the program under subsection (4);
(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
(3) As soon as practicable after the commencement of regulation 70A of the Public Service Regulations, and in any event within 12 months after that commencement, the relevant authority shall:
(a) after giving appropriate staff organizations in relation to offices and employment in particular capacities in a component of the Service and such other persons as the relevant authority considers appropriate, an opportunity to put their views, cause to be developed an equal employment opportunity program for that component;
(4) The relevant authority shall:
(a) from time to time, after giving appropriate staff organizations in relation to offices and employment in particular capacities in a component of the Service and such other persons as the relevant authority considers appropriate, an opportunity to put their views, cause the equal employment opportunity program for that component 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
(5) The relevant authority shall take any action necessary to give effect to the equal employment opportunity program for a component of the Service and any person who exercises powers in relation to employment matters in that component shall have regard to the program in exercising those powers.
(6) The Public Service Board may, by notice in writing to the relevant authority, require the relevant authority 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 a component of the Service.
(7) A notice under subsection (6) may specify the particular aspects of the equal employment opportunity program for a component of the Service that are to be dealt with in the report.
(8) Where the Public Service 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 authority on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for a component of the Service.
(9) If the relevant authority does not concur in or adopt a recommendation made by the Public Service Board under subsection (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for a component of the Service, the relevant authority shall, within a reasonable time, inform the Minister administering the Commonwealth Teaching Service Act 1972, in writing, of the relevant authority’s reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.
(10) The Public Service Board may from time to time, by notice in writing to the relevant authority, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for a component of the Service.
(11) The Public Service Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section in its application to and in relation to employment of members of the Service.