Legal
framework
Overview
The Legal framework applying to agencies that employ staff under the Public Sector Management Act 1994 reflects the expectations of the government and the community about a fair, inclusive and productive public service.
General legal framework
Clause 13 of the current Certified Agreement (Template Agreement) 2004-2007 provides some guidance for agencies in relation to recognising diversity in the workplace, prevention and elimination of discrimination in the workplace, and action to be taken when issues arise.
See the Extracts page for specific details.
Public Sector Management Act 1994
The Public Sector Management Act focuses on Equal Employment Opportunity rather than using the idea of Equity and Diversity. The target groups for Equal Employment Opportunity are:
- Women;
- People with a disability;
- Aboriginal and Torres Strait Islanders; and
- People from culturally and linguistically diverse backgrounds.
These groups have been identified as having experienced substantial previous disadvantage and as underrepresented within the workforce. Equity and Diversity includes, but is not exclusively focussed on Equal Employment Opportunity groups.
Sections 6 to 9 of the Public Sector Management Act 1994 provide the basis for the ACT Public Service Code of Conduct, including values and principles, general principles of public administration, general principles of management in employment matters, and general obligations of public employees.
Section 39 provides definitions for the purposes of the Act.
Sections 40 to 43 provide direction in relation to equal employment opportunity programs, access and equity programs, industrial democracy programs, and the development of programs in autonomous instrumentalities.
See the Extracts
page for specific details.
Public Sector Management Standards
Standard 1, Part 3 of the Public Sector Management Standards provides direction in relation to equity and diversity, relating to Section 40 of the Public Sector Management Act 1994.
See the Extracts page for specific details.
The Human Rights Act 2004 (ACT) (HRA) commenced operation on 1 July 2004. The ACT is the first jurisdiction in Australia to have an explicit statutory basis for respecting, protecting, fulfilling and promoting civil and political rights.
The purpose of the HRA is to ensure that human rights are taken into account, to the maximum extent possible, when developing and interpreting Territory statutes and statutory instruments. The long-term aim of the HRA is to promote cultural change in the ACT public service by ensuring that public decision makers are working within the internationally agreed framework of human rights standards. The HRA will also contribute to a better understanding of human rights in the wider community. The HRA adopts an interpretive approach to human rights protection and is based on the dialogue model. It does not displace the current constitutional arrangements but by giving a new role to each arm of government the HRA ensures that human rights are taken into account in decision making and in the development and application on ACT law.
See the Human Rights Act website and associated Publications page for more details and explanations of the Act and how it could be applied in the ACT Public Service in relation to promoting principles of equity and diversity.
Information of specific statements in the Act relevant to Equity and Diversity are included in the Extracts section of the toolkit.
The Discrimination Act 1991 (ACT) is administered by the ACT Human Rights Office. It prohibits discrimination on the basis of:
Age
Breastfeeding
Disability
Equal Employment Opportunity
Relationship Status
Membership or non-membership of an association or organisation
of employers or employees
Political Conviction
Pregnancy
Profession, trade, occupation or calling
Race, including colour, descent, ethnic and national origin
and nationality
Racial vilification
Religious Conviction
Sex
Sexual harassment
Sexuality
Spent conviction
Status as a parent or carer
Transsexuality
Victimisation
Association with a person who has an attribute listed above
Occupational Health and Safety Act 1989
Under the Occupational Health and Safety Act 1989 (ACT) all employers and employees must maintain a secure, healthy and safe working environment. An employer must take practical precautions to prevent harassment. ACT WorkCover and the Office of Industrial Relations, Chief Minister's Department, both provide advice in relation to the administration of this Act.
Workplace Relations Act 1996
The Workplace Relations Act 1996 prohibits discrimination in awards and agreements and (subject to some exemptions) in the termination of employment.