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LEGISLATIVE FRAMEWORK

The legislative provisions relating to workplace diversity in the APS are part of a wider framework of Commonwealth laws that, among other things, support and promote equal opportunity and equity in employment.

They include the:

• Racial Discrimination Act 1975 (Cwlth)
• Sex Discrimination Act 1984 (Cwlth)
• Human Rights and Equal Opportunity Commission Act 1986 (Cwlth)
• Disability Discrimination Act 1992 (Cwlth)
• Workplace Relations Act 1996 (Cwlth)
• Age Discrimination Act 2004 (Cwlth).

THE PUBLIC SERVICE ACT 1999

Section 18 of the PS Act requires agency heads to establish WDPs to assist in giving effect to the APS Values.

Section 12 of the PS Act provides that agency heads must promote and uphold the APS Values.

A number of the Values are particularly relevant to workplace diversity. These include:

• s. 10(1)(b)–the APS is a public service in which employment decisions are based on merit
• s. 10(1)(c)–the APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves
• s. 10(1)(j)–the APS provides a fair, flexible, safe and rewarding workplace
• s. 10(1)(l)–the APS promotes equity in employment.

The Values relevant to workplace diversity are supported by the PS Commissioner’s Directions made under section 11(1) of the PS Act.

COMMISSIONER’S DIRECTIONS

Workplace diversity is addressed in Chapter 3 of the PS Commissioner’s Directions. The Directions set out the measures that agencies must take in relation to workplace diversity and include requirements for establishing, reviewing and evaluating WDPs.

A more detailed description of the legal framework within which WDPs operate is set out in the Commission’s publication Guidelines on Workplace Diversity–Working Together No.2.1