Sch 1BSubsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons who are employed under section 42 of the Naval Defence Act 1910

Schedule 1B Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons who are employed under section 42 of the Naval Defence Act 1910 (regulation 70B) > “appropriate staff organization” in relation to employment of an employee in a particular capacity means an organization: (b) for membership of which the employee 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 employment in that capacity, being an industrial award to which the Minister administering section 42 of the Naval Defence Act 1910 is a party. > “employees”means persons who are engaged for employment under section 42 of the Naval Defence Act 1910. > “employment matters” in relation to employees, means: (a) the selection of persons for appointment as employees; (b) the promotion and transfer of employees; (c) training and staff development for employees; (d) conditions of service of employees; and (e) any other matter related to the employment of employees. > “equal employment opportunity program”, in relation to employees, 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; and (b) measures are taken to enable women and persons in designated groups to compete for promotion and transfer and pursue careers as effectively as other persons. > “Secretary” means the Secretary of the Department that is administered by the Minister for the time being administering section 42 of the Naval Defence Act 1910. > “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 employees shall include provision for action to be taken to: (a) examine practices in relation to employment matters for employees 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 employees, and appropriate staff organizations in relation to employment of employees in particular capacities, of the contents of the program and of the results 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 70B of the Public Service Regulations and, in any event, within 12 months after that commencement, the Secretary shall: (a) after giving appropriate staff organizations in relation to employment of employees in particular capacities 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 employees; (4) The Secretary shall: (a) from time to time, after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the employees 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 Secretary shall take any action necessary to give effect to the equal employment opportunity program for employees and any person who exercises powers in relation to employment matters in respect of employees shall have regard to the program in exercising those powers. (6) The Public Service Board may, by notice in writing to the Secretary, 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 employees. (7) A notice under subsection (6) may specify the particular aspects of the equal employment opportunity program for the employees 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 Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the employees. (9) If the Secretary 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 the employees, the Secretary shall, within a reasonable time, inform the Minister administering section 42 of the Naval Defence Act 1910, 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 Public Service Board may from time to time, by notice in writing to the Secretary, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for the employees. (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 to and in relation to the employment of the employees.