Public Service Act 1999 Advice No. 20: Workplace diversity programs

Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.

Introduction

This advice is one of a series of advices to be issued by the Public Service and Merit Protection Commission (PSMPC) concerning the Public Service Act 1999 (the new PS Act) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (the PECTA Act). It is proposed that the new legislation will come into operation on 5 December 1999 and the information contained in this advice will take effect on commencement of the legislation.

2 The purpose of this advice is to provide agencies with information on the minor changes to the arrangements for workplace diversity programs in the APS under the new PS Act.

Background

3 The framework for existing workplace diversity programs is based on the detailed EEO provisions (s 22B) of the Public Service Act 1922 (the old PS Act) and Government policy on workplace diversity, and is set out in the Public Service Commissioner's Guidelines Managing Workplace Diversity issued in February 1998. These guidelines:

required agencies to have a workplace diversity program in place by 31 August 1998;
set out the requirements for annual reporting on workplace diversity outcomes, including the Public Service Commissioner's evaluation of agency performance for the State of the Service Report.

Changes under the new legislation

4 Under the new PS Act, the legislative framework for workplace diversity will comprise the following:

Section 18 of the new PS Act requiring Agency Heads to establish workplace diversity programs to assist in giving effect to the APS Values;
Public Service Commissioner's Direction issued under APS Value 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. This Direction will set out the minimum measures that Agency Heads and employees will be required to take to eliminate workplace discrimination and utilise diversity; and
Public Service Commissioner's Direction issued under APS Value (10)(1)(l): the APS promotes equity in employment. It is expected that this Direction will require Agency Heads and employees to take measures to eliminate employment disadvanatge on the basis of gender, race or ethnicity, being an Indigenous Australian or physical or mental disability.

Implications for Agencies

5 The Public Service Commissioner will be issuing a Direction on Diversity in Employment in the near future. This will be followed by replacement guidelines for Managing Workplace Diversity in the new year. Agencies should adjust their workplace diversity programs in light of the new PS Act, but we believe that most programs should not be significantly affected. Agencies should, however, note the following issues:

"The Diversity of the Australian Community"

6 The phrase recognises and utilises the diversity of the Australian community it serves has replaced recognises the diverse backgrounds of APS employees in Value 10(1)(c). Agencies will need to ensure that this is appropriately covered in recruitment and other employment strategies, although the organisational and business goals of the agency and the skills required to perform the duties will continue to be prime considerations in recruitment strategies.

Consultation

7 The mandatory requirement in the old PS Act to establish and review programs in consultation with "relevant staff organisations" has been removed, although effective consultation with staff will continue to be good practice.

The "EEO" Categories and "NESB"

8 Except for the issue of "race or ethnicity" (see below), the replacement of specific EEO groups with the more flexible requirement to eliminate disadvantage on the basis of specified criteria is unlikely to require significant changes to agency programs.

9 The previous EEO group "people from non-English speaking backgrounds" will be replaced by a requirement to eliminate disadvantage on the basis of "race or ethnicity". This reflects the Government's decision, in response to the 1996 recommendations of the House of Representatives Standing Committee on Community Affairs Report on Migrant Access and Equity A Fair Go for All, to abandon the term "people from non-English speaking backgrounds" as a measure of disadvantage. The measure of disadvantage on the basis of race or ethnicity will be based on the indicators of cultural and linguistic disadvantage developed by the Department of Immigration and Multicultural Affairs and the Australian Bureau of Statistics, as adapted for APS employment. We will be providing further advice to agencies on this issue.

Diversity Reporting

10 It is expected that the reporting arrangements in the Commissioner's Directions will be similar to those set out in Public Service Commissioner's Guidelines Managing Workplace Diversity issued in February 1998. Agencies will still be required to provide information requested by the Public Service Commissioner to evaluate and make an annual assessment of agencies' workplace diversity programs. Basic data will continue to be collected centrally through the APS employment database, supplemented from time to time by requests for information on specific topics.

Minor Definitional Changes

11 There will be a few minor changes in the definition of a workplace diversity program to emphasise the link between eliminating employment disadvantage and the effective utilisation of diversity. Further Advice 12 This advice should be read in conjunction with related advices in this series:

Advice No 4: The APS Values and the Code of Conduct;
Advice No 3: Special Employment Measures;
Advice No 22: Discrimination in APS Employment; and
Advice No 25: APS Employment Database.

13 PSMPC contact is Employment Policy Adviceline on 02 6202 3859.

Jenny Harrison
Team Leader
Values, Conduct and Diversity Team

24 November 1999

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