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Last updated: 18 June 1998

Workplace Diversity practitioner's handbook

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

Purpose of the practitioner's handbook

The Practitioner's Handbook is intended to be used by employers and employees in the Australian Public Service (APS) to assist them in developing, implementing, monitoring and evaluating their Workplace Diversity Programs.

Agencies should use this document as a broad guide onlyto be adopted or adapted to suit their own requirements and circumstances.

Appendices provide more detailed information on aspects of managing diversity, including some useful good practice examples drawn from public and private sector organisations.

It is intended to update the handbook from time to time as new information comes to hand and in response to feedback from agencies that have implemented Workplace Diversity Programs.

The handbook should be read in conjunction with Public Service Commissioner Guidelines: Managing Workplace Diversity released in February 1998. That publication covers in more detail the policy framework for workplace diversity and the statutory provisions of the Public Service Act 1922 relating to equal employment opportunity (EEO).

Legislative and policy framework

The key elements of the legislative and policy frame-work for Workplace Diversity Programs are:

Section 22b of the Public Service Act 1922

Section 22B requires that agency heads:

Section 22B also allows the Public Service Commissioner to issue guidelines concerning the development, implementation and review of EEO programs for agencies and requires agency heads to give effect to any guidelines issued.

Other legislative provisions

Agency heads are bound by Commonwealth legislation covering direct and indirect discrimination in employment. In particular:

Government policy

Each agency formulates objectives for its own Workplace Diversity Program within the broader context of a Government policy that requires all agencies to:

Integration of legislative and policy requirements

Until the new Public Service Bill is enacted, APS agencies will be required to:

For monitoring and reporting purposes, the Public Service Commissioner regards the EEO legislative requirements and the workplace diversity requirements of Government policy as parts of the one integrated program.

What is workplace diversity?

Diversity relates to gender, age, language, ethnicity, cultural background, disability, sexual orientation or religious belief. Diversity also refers to the myriad ways we are different in other respects such as educational level, job function, socio-economic background, personality profile, geographic location, marital status and whether or not one has family or other carer responsibilities.

The diversity of those who work in the APS is one of its great strengths. Managing workplace diversity well requires the creation of an inclusive environment that values and utilises the contributions of people of different backgrounds, experiences and perspective.

All organisational policies, practices and processes that impact on the lives of employees need to recognise the potential benefits that can be derived from having access to a range of perspectives and to take account of these differences in managing the workplace. Work systems, organisational structures, performance appraisal schemes, recruitment and selection practices, and career development opportunities all impact upon the management of diversity.

Workplace diversity in the APS maintains the basic principles of the EEO provisions of the Public Service Act 1922. To that end, Workplace Diversity Programs need to include measures to remedy employment- related disadvantages of women, Aboriginal and Torres Strait Islander people, people of non-English speaking background and people with disabilities.

However, the concept of workplace diversity stretches beyond EEO. The main drivers in the APS have been procedural fairness and legal compliance with a resulting emphasis on redress and correction, largely through recruitment and promotion action. Workplace diversity policy goes beyond rectifying disadvantage and correcting past actions.

Managing diversity builds on the EEO foundation but puts a new emphasis on the importance of valuing workplace difference as good management practice. This approach means that organisations must develop people management strategies to value and accommodate differences in the background, perspective and family responsibilities of their employees. It requires them to acknowledge the positive contribution that diversity can make to improving productivity and generating new ideas and ways of doing things.

Key EEO and Workplace Diversity principles

A fair go for all

Same treatment does not always equate with fairness. Some people face barriers in employment because of, for example, outmoded attitudes and practices which prevent members of designated groups and some individuals from pursuing a career in the APS as effectively as other persons.

Fair treatment encompasses the concepts of:

Merit

Merit is also a key principle in the achievement of an equitable and diverse workforce. The merit principle means that appointment and promotion decisions must be made without patronage, favouritism or unjustified discrimination. There are statutory vacancy advertising arrangements which ensure that all eligible candidates have a reasonable opportunity to apply. Also selection decisions must be made on the basis of a comparative assessment of relative suitability or efficiency.

Selection on the basis of merit requires that:

The Public Service Act, regulations and policies provide a minimum framework for merit-based selection.

Accountability Framework

Agency heads are ultimately accountable for agency efficiency and effectiveness. To this end, agencies need to consider what systems they put into place to maintain the accountability framework, including taking into account the corporate and business plans of the organisation. Such a framework could make visible the performance of managers and hold them to account for that performance. Behaviour changes on the job could then be measured and rewarded when set diversity goals have been achieved. Appropriate performance information on program outputs and outcomes is essential to meet those requirements.

Each agency should, through a process of self-evaluation, report on their EEO and workplace diversity outcomes in their Annual Report to Parliament.

While recognising that minimising prescription in relation to Workplace Diversity Programs is desirable, such an approach needs to be balanced by appropriate and effective central monitoring and reporting arrangements.

Agencies will be required to keep sufficient records, not only to enable them to report on their achievements but also to enable the Public Service Commissioner to evaluate and report on the comparative effectiveness of their Programs in the annual State of the Service Report.

In order to minimise reporting requirements, the basis of the Commonwealth's monitoring will be agency statistical data consolidated centrally on an ongoing basis.

The State of the Service Report will draw on this data and other sources of performance information to:

It is envisaged that this data collection will be supplemented from time to time by more detailed surveys, studies and evaluations of emerging issues and concerns which impact upon employment equity and the management of diversity in the APS. For example, evidence of repeated complaints in a particular area may indicate a deeper or systemic problem. It is the role of the Commissioner, in appropriate cases, to investigate whether changes in administrative practices or procedures are needed to improve the effectiveness of equity management in agencies.

The Workplace Diversity Coordinator

The Workplace Diversity Co-ordinator (or EEO Coordinator) should be an experienced officer who has access to the agency head or executive. At the moment, this person reports to the Senior Executive Responsible for EEO (SEREEO) who has responsibility for advising secretaries, agency heads and colleagues on EEO policies and overseeing the EEO program development and implementation. EEO coordinators and/or EEO contact officers have responsibility for providing advice and information to managers and colleagues on the effective incorporation of EEO into everyday decision-making in the workplace.

The Workplace Diversity Co-ordinator needs to be thoroughly familiar with the business and operational environment of the organisation. An intimate knowledge of the legal framework underpinning EEO and Government policy on workplace diversity is important. They must also have up-to-date knowledge of current research on diversity and latest precedent cases and their implications for their agency's policies, procedures and practices.

Roles and responsibilities

The Workplace Diversity Co-ordinator's role, with the strong and visible commitment and leadership of the agency head, is to:

Personal qualities

Chief attributes of the Workplace Diversity Coordinator are:

Practitioners whose message is based on empirical evidence will be effective catalysts for change in organisations, inspiring staff and managers alike to value and promote diversity in the workplace.

'Your role as a coordinator in many ways is about one thinggetting the organisation to the emotional, cultural and business stage where it no longer needs to have you because everyone owns equity and diversity and does it.' [Gina K. Casey]

Developing a workplace diversity program

Where it fits in the organisational context

Workplace diversity must be viewed as a means to attaining organisational objectivesnot an end in itself. Activities undertaken in developing a Workplace Diversity Program interact with corporate and business strategies. This link between the business objectives and processes of the organisation and the workplace diversity strategy is crucial to the success of workplace diversity initiatives.

The following diagram depicts the relationship between core business functions (these functions are why the agency exists) and non-core functions that support core business functions and activities. These support functions are the means by which the organisation achieves its business goals/objectives and targets. They play a vital role in determining how successfully the organisation achieves its intended outcomes.

Figure 1: A business-driven approach to workplace diversity

Chart - workplace diversity flowchart

Consistent with the emergence of human resources as a strategic corporate tool, workplace diversity as an integral component of effective human resource management has a direct influence on the effectiveness of policy formulation and service delivery.

Three phases

A Workplace Diversity Program is concerned with the incremental improvement of human resource management. Essentially there are three phases in any management improvement cycleplanning, implementation and evaluation (see figure 2).

Before embarking on the planning process, the Workplace Diversity Coordinator will need to establish and agree on the management framework for the process.

Because workplace diversity is strategically important to achieving business outcomes, it needs to be viewed as part of an integrated planning and management effort. A crucial component of a successful diversity effort requires the sponsorship, commitment, support and leadership of the agency head. Good practice suggests that top management should oversee the diversity process.

Practitioners are agreed that the active involvement of all staff in the development of the Workplace Diversity Program is fundamental to its success. To this end, it is recommended that agencies consider the use of alternative formats when providing information about their Programs.

Figure 2: Three phases in the Workplace Diversity Program management improvement cycle

Chart - planning, implementing and executing

While each phase has been presented separately, activities within each phrase are interconnected and part of a single dynamic process. The final step leads back to the beginning as issues are redefined by outcomes and by changes in the organisational environment.

Government policy does not prescribe the most appropriate structure and reporting res-ponsibilities. Each agency is free to determine the structure and reporting responsibilities to meet its particular needs. For instance, under current arrangements an agency might assign leadership of the project to the SEREEO (possibly assisted by a specialist consultant) who would report to the agency head. Main carriage of the detailed development work would be assigned to the agency's Workplace Diversity Coordinator (or EEO Coordinator) who would report to the SEREEO.

Within these 3 phases, there are 8 steps in the development and management of Workplace Diversity Programs (see figure 3).

Figure 3: Eight steps in the development and management of a Workplace Diversity Program

Chart - 8 step program

The different elements in managing the WDP can be depicted as a 'cycle'. The steps represent the flow of information through the three phases: Planning; Implementation; and Evaluation. Performance information, primariliy collected during implementation and evaluation, is needed for decision-making in all three phases.

Phase 1: Planning

Step 1: Information gathering and analysis (Where are we now?)

Step 2: Set objectives of WDPs (Where do we want to be?)

Step 3: Select strategy (What do we need to do to get there?)

Step 4: Secure commitment to the strategy

Having established a management structure and resources for the planning process, an agency is ready to embark on the first stage of its workplace diversity management improvement cycle. It is assumed that most agencies will be building on achievements already obtained through EEO initiatives.

Step 1: Information gathering and analysis

Where are we now?

The information gathering and analysis needed to answer this question involves:

Understanding the pattern of experience within your organisation will ensure that your workplace diversity initiatives are responsive to the real needs of your organisation and its managers and staff.

Step 2: Set objectives of Workplace Diversity Programs

Where do we want to be?

Once you have determined your agency's current baseline status, you will need to determine where you would like to be with respect to EEO and diversity outcomes.

In many agencies, established EEO strategies will remain relevant. The context and focus, however, is shifting from compliance with EEO and other human rights legislation to an increasing recognition that nurturing a culture devoted to values such as diversity and empowerment is an essential element of organisational success. Under this new approach both employees and the business are expected to benefit. A specific recognition of business objectives as well as social justice objectives requires a balanced approach to ensure that both objectives are achieved.

Because of the difficulty in isolating the impact of workplace diversity initiatives from other factors occurring within the organisation, objectives and targets should clearly specify what the organisation is aiming to achieve from its diversity initiative; be realistic (ie. able to be achieved); and be measurable wherever possible and tied into the organisation's accountability processes (eg. performance agreements and appraisal mechanisms).

Findings at the end of the analysis stage:

Before moving to the next step in the planning processinvestigating strategy options and selecting and defining the preferred strategyyou may decide to document key issues (selected because of their potential and actual impact on the organisation) and include suggestions for how the agency should deal with them. These issues and suggestions could be put to management for information and approval at this stage.

Consideration needs also to be given to the timetable for the strategy selection, definition and implementation stages which follow.

Step 3: Select strategy

What do we need to do to get there?

Objectives and targets that have been agreed for your Workplace Diversity Program should be supported by a clear strategy for achieving them. Strategies are aimed at overcoming the issues which were identified during information gathering and analysis.

Because every organisation is uniquetheir strategic goals are different, their clients and stakeholders are different and the needs of individuals within their organisations are differenteach must determine appropriate strategies to support those differences. In a devolved public service environment, no single strategy will be appropriate to every agency. Each agency's business environment (including business objectives, customers, and stakeholders) and the needs of its employees should shape the development of its workplace diversity strategy.

Strategy definition is about deciding what action is needed to achieve the key objectives of your agency's Workplace Diversity Program. Selection of the preferred strategy or set of actions involves identifying benefits to the organisation and/or staff, including possible detrimental effects and risks attached to the strategies and actions should they not succeed or create negative side-effects.

Documentation of the strategy definition should:

Step 4: Secure commitment to the strategy

Securing staff's approval of the strategy is assisted by involving them in the development of the program. Securing commitment also involves drawing in the people most concerned in implementing it. Top management commitment will be critical to marshalling the kinds of resources and attention that will be necessary to implement the strategy, including articulating a vision of diversity, ensuring appropriate resources and developing mechanisms to enhance the power of diversity and difference at all levels.

At this point your task will be to present the strategy to top management who will be required to approve the strategy, adopt it as corporate policy and to communicate a consistent and strong commitment to its implementation.

It is also important to develop an effective means of communicating the program to everyone in the organisation. Knowledge and understanding of the strategy will be vital to securing widespread commitment and will be crucial to its successful realisation.

Phase 2: Implementation and monitoring

Step 5: Determine performance indicators (Monitor results)

Step 6: Make the strategy operational (Carry out the plan)

After the agency has completed the definition of its workplace diversity strategy (which would usually cover a three- to five-year time frame) and adopted it as an integral part of its corporate human resource policy, it needs to take steps to implement the strategy on a year by year operational basis.

It is necessary to transform the Workplace Diversity Program strategy into operational plans needed to achieve incremental results on an annual basis.

Step 5: Determine performance indicators

Performance indicators are measures of output, performance and progress towards objectives. The results of performance monitoring feed directly back into planning and/or the decision-making process. As their purpose is to indicate trends in a particular activity, measures are kept simple and not too time-consuming to record and monitor. For example, an agency might have introduced a mentoring program to improve women's promotional opportunities. An indicator of near-term success would be perceptions by women of improved self confidence and performance which they attribute to the mentoring program. With this information on hand, managers are in a position to judge the value of such programs and, on the basis of the results, may make changes to their programs.

Annual performance feedback is also necessary to ensure that agencies are on target to deliver their workplace diversity outcomes. Agencies are required to report on progress in their annual reports to Parliament (see Step 8).

Step 6: Make the strategy operational

To bring the plan to life, agencies will be required to:

Phase 3: Evaluation and reporting

Step 7: Evaluate (Are we making progress towards achieving our intended outcomes?)

Step 8: Report on outcomes

Step 7: Evaluate

Are we making progress towards achieving our intended outcomes?

Once the agency has implemented its diversity interventions, whether that be, for example, diversity awareness training, a mentoring program, or revamping recruitment guidelines, the agency will need to compare findings to the situation before implementation. Developing human resource information systems to monitor the outcomes of your workplace diversity strategy, including EEO group performance, are crucial to the success of the Program and need to be considered at the early planning stage. Such systems require baseline data about conditions before implementation and clear objectives against which to measure any change over time.

Statistical data collected about each employee tells you what has been achieved. Evaluation seeks to establish why a certain outcome has been achieved and to link this achievement to causal factors. Both kinds of information, quantitative data and information about people's perceptions, are important in helping to draw conclusions about the effectiveness or otherwise of a particular diversity intervention.

Measuring the impact on EEO groups of diversity interventions will involve the traditional measures of:

An assessment of the impact of the organisational culture on individual employees and EEO groups around the dimension of balance (for example, employees' ability to balance work and family/other responsibilities) will provide valuable feedback and information for the next iteration of workplace diversity planning, as well as relevant information for external reporting purposes.

Evaluating the impact on organisational outcomes will vary according to the nature and circumstances of the organisation. It may include benefits such as reduced turnover, reduced sick leave, improved service delivery, more innovative policy development, improved staff morale or enhanced reputation of the organisation.

Many agencies regularly collect information on business outcomes through staff surveys, client surveys and client databases. The results of these surveys can also be analysed from a diversity perspective. Asking in a staff survey if work prospects have improved as a result of, for example, career training, mentoring and networking initiatives, where these have been introduced as components of a workplace diversity strategy, will help the agency to determine the effectiveness of these activities.

Step 8: Report

As part of the Government's broad reform agendaaimed at reducing central prescription and control, improving accountability for results and achieving a better focus on performancethe reporting requirements imposed on agencies have been significantly streamlined. An important principle of the new reporting requirements is that information being collected should be information gathered by agencies in the normal course of managing their activities and should entail minimum effort to collect.

Agencies are required to evaluate their Workplace Diversity Programs annually and to report on progress in achieving equity and diversity outcomes in their annual reports to the Parliament. Any negative results (e.g. a disproportionate reduction in the number of target group members) should be accompanied by an explanation.

Using APS Employment Data (formerly the Continuous Record of Personnel) as the basis of reporting, the Public Service Commissioner will analyse and report on comparative agency performance against Service-wide equity indicators in the State of the Service Report. The focus will be on establishing trends and identifying performance benchmarks across the APS, as well as identifying good practice and how to avoid the pitfalls.

From time to time the Public Service and Merit Protection Commission (PSMPC) may provide a demographic breakdown of community and labour force statistics which could be used by agencies, as well as the Parliament and the Australian community, as a standard against which to compare individual agency and APS-wide results. However, there will be no Service-wide mandatory targets set for agencies. It is up to each agency to establish its own targets and to justify its diversity outcomes within the broader context of its particular business circumstance.

Appendices provide details of personnel data to be collected in agencies' HRM systems and centrally aggregated in a central repository of APS Employment Data held by the PSMPC. As well as quantitative personnel data, the Commission will also collect qualitative data through a survey of a sample of agencies.

For the State of the Service Report, the Commission will use the personnel data collected centrally and survey information to monitor a range of issues, for example:

While the PSMPC's diversity reporting requirements include the provision of agency data on people who have identified themselves as Indigenous Australians, people of non-English speaking background or people with a disability, identification itself is voluntary. Consequently there have been significant data gaps in the areas of ethnicity, Aboriginality and, in particular, disability. A threshold priority for the PSMPC will be to work with agencies to emphasise the importance of having accurate diversity data and to encourage employees to feel comfortable about self identification.

Appendix 1

This appendix contains some pointers and case examples from both public and private sector organisations which have been successful in advancing their employment equity and diversity agendas. This material is provided only as an aid to cross-fertilisation of ideas to stimulate your own diversity planning and practice.

There are three parts:

Part A: provides pointers to ideas that you may find stimulating and worth following up.

Part B: provides case examples which can be followed up to learn more about things that are of interest to your organisation.

Part C: provides some of the very useful bibliographical references from which material in this appendix has been taken.

Part A: Pointers to good practice

Pointers are presented under an alphabetical list of broad topics.

Attracting talented people from EEO groups

Examples of practical measures that have been adopted successfully by better practice organisations are:

Disability

Remembering that 'equal' treatment does not always result in fair treatment, your diversity program can ensure, through the recruitment of employees with disabilities, that the design, management and delivery of your agency's services are more likely to reflect the diverse needs of the Australian population. For example:

Evaluation and reporting

Measure the impact of your actions. For example:

Flexible work arrangements

Work arrangements adopted by some 'good practice' organisations include the introduction of:

Sexual orientation

The Workplace Relations Act 1996 prohibits discrimination on the basis of sexual preference in the making of awards and agreements and in the termination of employment. The Human Rights and Equal Opportunity Commission Act 1986 enables employees to seek redress for discrimination in employment on the basis of sexual preference.

This means, among other things that:

Techniques

Techniques adopted by 'good practice' organisations include:

Tools

Some commonly used tools to assist in working with diversity issues are:

Vicarious liability

Under the provisions of anti-discrimination legislation, agencies can be held 'vicariously liable' for the acts of their employees unless they can demonstrate that they have taken all reasonable steps to prevent such acts from occurring. Programs aimed at eliminating discriminatory behaviour in the workplace can significantly reduce an organisation's exposure to this risk.

Part B: Case examples of good practice

Case examples are presented under an alphabetical list of organisation names.

American Express Financial Advisers

American Express Financial Advisers conducted a benchmarking study as part of their diversity enhancement effort. Benchmarking was regarded as an important tool for identifying good practices in other organisations. American Express Financial Advisers used their benchmarking study to establish 'benchmark partners' and, through these relationships, learned about good practice implementations while avoiding the pitfalls identified by others.

Australian Customs Service

To assist with the implementation phase of their Equity and Diversity Policy (Equity and Diversity-Strategic Plan to 2001), the Australian Customs Service (ACS) developed an electronic equity and diversity guide for its managers and employees.

The guide, containing current equity and diversity policies and good practices, can be accessed by employees through the agency's local area network. The electronic format has helped to reduce production and printing costs and enables easy updating of the text.

Australian Federal Police

The Australian Federal Police (AFP) introduced a recruitment program to target potential young applicants and provide support networks for Indigenous trainees. The Malunggang Unit within the AFP's Equity and Diversity Team sponsors an Indigenous Officers' Network, organises regular meetings and provides advice and assistance with career and development to members of the network.

Australian Nuclear Science and Technology Organisation

The Australian Nuclear Science and Technology Organisation has included new leave provisions in their workplace agreements which enable staff to better manage work and family responsibilities. Staff needing to balance work and personal and family responsibilities over the course of a calendar year can purchase additional leave entitlements.

Australian Taxation Office

The Australian Taxation Office (ATO) uses a combination of telephone typewriters (TTY) and the National Relay Service to improve access to information. The ATO has a number of staff who provide AUSLAN and non-sign interpreter services for clients. AUSLAN interpreters also attend team meetings.

Australian Trade Commission

The Australian Trade Commission (Austrade) appointed two Indigenous Export Counsellors to facilitate access to Austrade's services by Aboriginal and Torres Strait Islander people with the potential to export visual arts and crafts. In conjunction with the Aboriginal Education Program at the University of NSW, the agency also helped to develop a directory of Indigenous Australians who are interested in exporting their products.

Bluebell Early Childhood Education Centre

In 1995 senior managers from several agencies the Australian Taxation Office, Australian Bureau of Statistics, Australian Communications Authority and Australian Maritime Safety Authoritycollaborated to establish a child care centre for their employees. To set up the centre, the agencies jointly negotiated on: land and land lease costs; planning, constructing and equipping the building and outdoor areas; and tendering for, and engaging, an experienced child care operator. Overseeing the centre's ongoing operations is a joint responsibility of the agencies.

The centre is registered with the National Childcare Accreditation Council.

Centrelink

Centrelink Canberra, one of the first Commonwealth government organisations to develop a Workplace Diversity Program, has made the program an integral component of its overall corporate planning strategy. Diversity activities (eg. hiring a diverse workforce) are regarded as important in achieving business objectives in an increasingly competitive employment market. Action to change the existing culture of the organisation was also perceived as a necessary part of building a more flexible org-anisation.

The Centrelink team responsible for developing the Workplace Diversity Program was faced with a number of implementation challenges. Appropriate diversity training was needed to raise managers' and employees' awareness and understanding of the impact of diversity and how it could potentially impact on their teams and organisation. The workplace diversity team also recognised that a more comprehensive picture of its employee profile and individual employee's capabilities and needs was required to inform the agency's decision-making processess.

Centrelink's comprehensive implementation strategy for its Workplace Diversity Program includes:

Centrelink International Services

Centrelink International Services (CIS) is the service outlet for customers living overseas and for customers in Australia who claim pensions from overseas countries. Services are delivered to more than 50,000 customers in 122 countries. The CIS handles over 30,000 claims for foreign pensions every year.

CIS staff, especially those from different cultural backgrounds, can assist the CIS to provide customised service to customers who have migrated to Australia or live overseas.

In September 1996, employees of the CIS developed a Cultural and Linguistic Skills Register to further its equal employment opportunity and productive diversity objectives. This register enables employees of the CIS to access up-to-date language and cultural skills of their colleagues with non-English speaking backgrounds.

Centrelink's Workplace Diversity Plan requires managers to identify the linguistic and cultural awareness skills of their teams. The register is now being promoted within Centrelink.

The purpose of the register is to provide an invaluable organisational resource of employee experiences, skills, aptitudes and backgrounds.

The establishment of this register has led to a significant and positive cultural change, with employees developing a greater appreciation for their colleagues' skills. Employees of CIS have been valued for their linguistic and cultural skills and have reported greater job satisfaction. The services provided by the agency have also been enhanced by utilising the skills of employees within CIS.

Department of Employment, Education and Youth Affairs

The Department of Employment, Education Training and Youth Affairs (DEETYA) has developed a handbook, Diverse Abilities, to help people with disabilities, managers, supervisors and colleagues to make informed decisions on the recruitment, placement and career development of staff with disabilities. A focus of DEETYA's discussions on new certified workplace agreements will be on conditions which meet the needs of staff with disabilities.

DEETYA has established an Internet email address for use by job applicants and includes TTY details in job advertisements to facilitate enquiries from people with hearing impairment.

Department of Defence

A School Vacation Program in the Defence Signals Directorate, Department of Defence, has benefited both staff and the organisation. By providing a cost-effective child care service in the school holidays, the usual level of stress felt by parents and carers during this period and amount of unplanned staff absences was significantly reduced.

Department of Foreign Affairs and Trade

The Department of Foreign Affairs and Trade opened its Currawong Childcare Centre in Canberra in 1997.

Foreign Affairs joins the ranks of an increasing number of agencies that have reported the establishment of childcare centres and/or family rooms for use by their staff. These facilities have been successful in reducing absenteeism and have generally assisted staff to balance their work and family commitments. Some have received Mother Friendly Workplace Awards by the Nursing Mothers Association of Australia.

Department of Health and Family Services

Staff of the Department of Health and Family Services have attended a 'Focus on Ability' training course. The course is presented by departmental staff with disabilities and is coordinated by the EEO unit. The department also provided the Office of Disability with AUSLAN signing training to enhance communication with deaf and hearing impaired co-workers. A support group for staff with a chronic illness has also been established.

Department of Immigration and Multicultural Affairs

The Managing Diversity Plan: Cultural Diversity Strategic Plan 1995-98 implemented by the Department of Immigration and Multicultural Affairs (DIMA) has as its objective the creation of a workplace that values cultural differences and recognises the potential of diverse talents among its staff to deliver improved services to DIMA's multicultural clientele.

The department recognises the important contribution that its culturally diverse staff makes to improved communications and services at the client-staff interface.

It is aware also of the benefit to the organisation of enabling staff from a non-English speaking background to acquire essential English language skills. These skills will enable them to take advantage of the full range of development and promotional opportunities within the organisation and enable them to advance their careers within the agency.

DIMA has included a provision in its study bank guidelines for reimbursement of English language tuition fees for staff who have been accepted by an institution of further study.

As part of its 1995-98 EEO Program, DIMA implemented a Workplace Behaviour Strategy, the aim of which is to eliminate all forms of harassment in the workplace by sending a clear message about the kinds of behaviour that are unacceptable. The strategy includes:

Department of Primary Industries and Energy

The Department of Primary Industries and Energy (DPIE) has created a Diversity Management Forum which the Secretary of the department chairs. The forum enables staff members from all areas of the department to be involved in all decisions about diversity issues in the agency.

DPIE has adopted a range of practical strategies which potentially will benefit the organisation and support staff from non-English speaking backgrounds. It includes the development of a language and cultural skills register, provision of a quiet room for prayer and meditation and other activities associated with cultural beliefs and customs. English pronunciation classes and a workplace English tutor scheme are also available to staff who want to improve their English language skills.

Family Court of Australia

The Family Court of Australia recognises that the justice system can be complex and intimidating, particularly for people using the services of the Family Court as they often must also cope with the emotional stress that can be part of these cases. It observed that the system was particularly intimidating for Indigenous people and can present a major barrier to the use of the court's services by this group.

To improve the system for people from Indigenous communities, the Family Court set up an Aboriginal and Torres Strait Islander Awareness Committee. In consultation with communities in the Northern Territory and Queensland, the committee successfully introduced a number of initiatives which have benefited Aboriginal and Torres Strait Islander people. They include:

The results of these initiatives have been significant. They include:

As a result of these measures, the Family Court has been successful in making its services more accessible to its Indigenous clientele and more relevant to local needs. The changes are expected to have a lasting and profound effect on how the Family Court of Australia is perceived by its Aboriginal and Torres Strait Islander clients and to result in a greater willingness by Indigenous people to use its services to resolve family disputes.

General Electric

General Electric, a US-based organisation, designed a diversity-specific survey to measure how various demographic groups perceived the company. Their survey asked more than 50 questions-multiple choice, agree/disagree and open-ended. Questions addressed issues such as career development and upward mobility, management supportiveness and behaviour, mentoring, work-life and general perceptions of the organisation's stance on diversity.

Hickie versus Hunt & Hunt

To ignore discriminatory behaviour in the workplace can result in significant costs to an organisation.

For example, in a landmark case that was reported in the Australian Financial Review (AFR) on 13 March 1998, the Human Rights and Equal Opportunity Commission (HREOC) found the law firm Hunt & Hunt had indirectly discriminated against Marea Hickie, a contract legal partner with the firm who returned to work on a part-time basis after the birth of her child, because it had removed part of her practice while she was on maternity leave. The action was deemed discriminatory as it imposed on Hickie a requirement to work full-time in order to maintain her practice. The firm was ordered to pay $95,000 in compensation.

Bagwell1 suggests that the 114-page judgement be mandatory reading for managers who oversee part-time employees and part-time employees who want to avoid potential conflicts.1 Bagwell, Sheryle: No winners in the Hickie case, Australian Financial Review, 18 March 1998

While women represent a growing proportion of solicitors in Australia, they are over-represented at the bottom of the profession. Inflexible working arrangements are recog-nised as one of the greatest barriers that prevent them 'making it to the top'.

Public Service and Merit Protection Commission

A growing number of agencies are using their certified agreements to eliminate discrimination on the basis of a person's sexual orientation.

For example, the Public Service and Merit Protection Commission has adopted an extended definition of 'family' in its Certified Agreement to include a person who 'stands in a bona fide domestic relationship with the employee without discrimination as to sexual preference'.

Silicon Graphics Inc

Wheeler (1997: 16) describes an employee rating system introduced by an American company, Silicon Graphics Inc. Staff are measured on two dimensionsresults and relationship building. Core com-petencies for managers are relationship building, understanding the business, knowing what the vision and key objectives are, continuous learning and improve-ment, and how to compete externally, not internally. At Silicon Graphics, cross-cultural competence is regarded as a necessity.

US pharmaceutical industry

A study of the US pharmaceutical industry over a ten-year period demonstrates the benefits of flexible work patterns to the organisation and its staff. Flexible work practices were defined as formal or informal arrangements between employees and employers that allow the employee some control over the specific hours of the day or week when work is performed. Flexible work arrangements were found to contribute to improvements of about 10% in productivity.

Westpac

Westpac has made a concerted effort to have women return to work after maternity leave. By providing appropriate services to women returning to work, such as the provision of creches, Westpac was able to reduce absenteeism and achieve higher retention rates which resulted in substantial savings to the organisation. Westpac estimates that it costs between $65,000 and $80,000 to re-train a person to the same level of experience as someone who leaves the bank after seven to ten years of service. The higher retention rates more than offset the costs of providing appropriate services.

Work/Family Directions Study

A study conducted in 1994 by Work/Family Directions, a Boston-based research and consulting firm, showed that for every dollar a company spends on flexible work or family benefits there is a return of $2 to $6 through reduced absenteeism, increased motivation and higher rates of retention.

Xerox

The Xerox Corporation in America is placing a greater emphasis on developing programs that are open to all qualified employees by addressing the common need for leadership training, career development, performance appraisal and mentoring. All employees are counselled on the steps necessary to accelerate their careers and job assignments support their advancement.

Part C: Useful reading

Australian National Audit Office (1997) Equity in Employment in the Australian Public Service: PSMPC and Other Agencies, Canberra.

Department of Health and Family Services (1997) Commonwealth Disability Strategy, Second Progress Report 1997, Canberra.

Kossek, Ellen E. and Lobel, Sharon A. (eds) (1996) Managing Diversity: Human Resource Strategies for Trans-forming the Workplace, Blackwell Publishers, Oxford.

Office of the Public Service Commissioner (1998) Victorian Public Sector: Good Ideas for Managing Diversity, Melbourne.

Public Service and Merit Protection Commission (1997) Equality Awards 1995-96: Recognising Good Practice in Equal Employment Opportunity in the Australian Public Service, Canberra.

Public Service Commission (1995) Productive Diversity in the APS, Canberra.

State Services Commission (1996) Celebrating EEO Good Practice: Case Studies from the New Zealand Public Service, Wellington.

Wheeler, Michael L. (1996) Corporate Practices in Diversity Measurement (Report No. 1164-96-RR). Conference Board Inc., New York.

Appendix 2: Summary of changes to Central Data collection

PSMPC Circular No 1998/5 of 20 March 1998 sets out specific data required to be provided by agencies to the Public Service and Merit Protection Commission (PSMPC) for its central repository of APS Employment Data which will replace the Continuous Record of Personnel (CRP). A summary of the changes that affect EEO data collection or may be used in analysing equity and diversity dimensions for the State of the Service Report are listed below.

While the Commission's diversity reporting requirements include the provision of agency data on people who have identified themselves as Indigenous Australians, people of non-English speaking background or people with a disability, identification itself is voluntary.

Aboriginal and/or Torres Strait Islander people

It will still be mandatory for agencies to report on whether staff are Indigenous or not. From 30 June 1999, staff will have the option of indicating that they choose not to answer the question.

Country of birth

From 30 June 1999, it will be mandatory for agencies to provide data to the PSMPC on the country of birth for all staff. At present the Continuous Record of Personnel (CRP) records whether a person is born within Australia or overseas. From 30 June 1999, the PSMPC will record each individual's country of birth. The new system will give the option of around 270 individual countries including Australia, as well as the options: 'inadequately described', 'not elsewhere classified', and 'chose not to give this information'.

The justification for this change is that country of birth is one of the most important multicultural designators. It is regarded by the Office of Multicultural Affairs in its Access and Equity Requirements and Guidelines as the best surrogate measure of ethnicity.

To obtain this data, it is necessary to record information on the basis of individual countries. Any attempt to simplify the list through, for example, using regions rather than individual countries would not sufficiently recognise possible individual country variations.

Year of arrival in Australia

From 30 June 1999, while it will still be mandatory for agencies to provide information on when employees arrived in Australia, individual staff may choose not to give this information. A valid value has also been included for 'not applicable'.

APS employee's first language spoken

Recording of the first language spoken by employees will remain mandatory. However, from 30 June 1999 staff may choose not to give this information.

APS employee's main first non-English language

From 30 June 1999, individuals will be able to chose two further languagesCantonese and Mand-arinin addition to those already available. They will also be able to choose not to give the information or to indicate 'not applicable'.

Mother's/father's first language

The present variables for mother's first language and father's first language will change from 'English' 'other', and 'don't know' to 'English only', 'language other than English', 'language unknown', 'English and another language', and 'chose not to give this information'. This change will occur at 30 June 1999.

Educational qualifications-highest level of attainment

From the present fields, six will be retained after 30 June 1999: 'doctorate', 'master', 'year 12 (higher school certificate/matriculation)', 'year 11(leaving or school certificate)', 'year 10', and 'less than year 10'. There will also be six new fields relating to qualifications: 'postgraduate dip-loma', 'bachelor degree', 'under-graduate diploma', 'associate diploma', 'skilled vocational qualification', and 'basic vocational qualification'. Definitions for the post-school qualifications now match the ABS Directory of Concepts and Standards for Social, Labour and Demographic Statistics, version dated April 1994:

Employees may also choose not to give this information.

Educational qualifications-main fields of study (two fields allowed)

From 30 June 1999, the 92 fields that currently exist to classify employees' highest educational field of study will be simplified into 17 broader fields. It will also be possible to select up to two fields. Individuals will also have the opportunity not to give the information.

Educational qualifications-year completed

From 30 June 1999, individuals will be able to record the year they completed their highest qualification as well as indicate if they do not know the year of completion or they do not wish to give this information. At present only the opportunity to record year of completion exists.

Australian or overseas qualification

For the first time, from 30 June 1999, it will be mandatory for agencies to report whether staff qualifications were obtained in Australia or overseas. The justification for this is that the APS is undergoing a great deal of change which is resulting in significant transformations in the structure and make up of the service. In this climate, reliable information on the educational qualifications of the APS workforce is essential for APS managers to undertake better workforce plan-ning. Information on educational qualifications is also needed to track trends in the make-up of the APS. Individuals will have the option not to give the information.

Permanency indicator

Currently APS staff are classified as either permanent or temporary. However, to more closely monitor the employment status of APS employees, from 30 June 1999, eight fields including 'permanent' will be used. These fields will use the section of the Public Service Act 1922, under which the employee is employed, to classify employees.

Standard hours worked

From 30 June 1998, the number of hours that an employee is paid to work in a standard week will be recorded. This is more accurate information than is currently collected using the data items of 'full-time' or 'part-time'. It is possible that agency agreements may change the standard hours of full-time staff. It will also be comparable with other labour market data.

APS classification

The new APS classification structure will be used for recording purposes from 30 June 1998. The 16 standard classifications and 34 other classifications approved by the Department of Workplace Relations and Small Business are the fields to be used.

Gross remuneration

Because agency agreements can cause substantial differences in remuneration for staff between agencies from 30 June 1998, the full-time equivalent value of the total value of the APS employee's annual gross remuneration package will be collected. Salary will be collected in actual dollars for an individual to allow for accurate calculation of means and medians and will be disseminated in ranges. It is expected that this variable will largely replace the designated classification as a means of categorising employees.

Movement codes

From 30 June 1998, a new set of information will be gathered to track commencements, cessations, trans-fers, promotions and demotions. These will be mapped within, to, from and between agencies. Each of these is broken down into the specific type of movement with a choice of 34 fields to distinguish different movements.

Maternity leave indicator

From 30 June 1999, agencies will need to indicate whether a person is on maternity leave at the reference date. A 'not applicable' field is present for males. It will be mandatory for all agencies to report on this.

Where was the person prior to joining the APS?

As of 30 June 1999, the sector from which the APS employee was recruited will be recorded. Nine fields will be available for selection: 'private sector', 'Commonwealth public sector', 'State and local Government public sector', 'in a tertiary education institution', 'self employed', 'employed in other sectors', 'attending an educational institution', 'not employed', and 'other'. While it will be mandatory for agencies to report on this, staff may choose not to answer this question.

People with disabilities

With respect to the collection of data on disability, the implementation of the revised International Classification of Impairments, Disabilities and Handicaps (ICIDH) is still some way off. Consultations are still being held with national statistical agencies to develop a mutually acceptable international classification. In Australia, the agency with carriage of these negotiations is the Australian Institute of Health and Welfare.

One feature of the new classification system will be that the category of 'handicap' will disappear, to be replaced by the measurement of a person's participation in the surrounding environment. This change will ultimately provide a more useful measure of the inclusion of people with disabilities in the work environment. It recognises that most 'handicaps' are caused by external factors, such as lack of physical access or lack of access to information in appropriate formats.

Agencies may wish to prepare for the introduction of the new system by gradually eliminating the concept of 'handicap' from their reporting mechanisms and focusing on ways to measure the level of participation by people with disabilities in the activities of their organisation.

Appendix 3 : Special Measures

Paragraph 33(4)(b) of the Public Service Act 1922 permits the declaration by regulation of special programs to encourage the appointment to the APS of members of the designated groups. Such programs are permitted by the special measures provisions of Commonwealth anti-discrimination legislation.

These programs are normally only established in cases where extreme difference or disadvantage make it difficult for applicants to obtain employment on the basis of open competition.

Indigenous Australians

Regulation 71B(1) recognises that cultural differences may disadvantage Indigenous Australians in competition for APS employment through mainstream recruitment arrangements. The previous regulation declared four programsthe Aboriginal Cadetship program, the Aboriginal Technical Traineeship program, the Graduate Administrative Assistant (Aboriginal Services) program and the Ad-ministrative Services Officer (Aboriginal Service) Class 1 program-which recruited Indigenous Australians to specific base-grade Aboriginal classifications. Employees recruited to these positions were required to compete on a full merit basis for subsequent promotion.

The new Regulation 71B(1) does not declare specific programs. Rather it authorises any program whose aim is to encourage the appointment to the APS of persons who are members of the Aboriginal race of Australia or descendants of the Indigenous inhabitants of the Torres Strait Islands. This recognises that:

The new regulation will allow agencies to develop and adapt Indigenous recruitment programs to meet these changes. In particular:

An agency may, for example, wish to increase its diversity and representativeness through the recruitment of a certain number of Indigenous staff to a customer service structure which begins at APS level 3:

Indigenous recruitment programs and Identified Positions

Programs for the recruitment of Indigenous Australians should not be confused with the Identified Positions policy:

Nevertheless, some of the good practice suggestions set out in the Identified Positions Guidelines for ensuring that Indigenous Australians are not disadvantaged in competing for Identified Positions could also usefully be applied to assessment processes for Indigenous recruitment programs.

Graduate and APS Level 1 recruitment

Agencies may recruit their own Indigenous graduate (APS) and APS level 1 employees using the framework set out above, or they may use the centralised recruitment system managed by Recruitment Services Australia (RSA). RSA will continue to advertise and conduct the Aboriginal Recruitment Test and the Indigenous Graduate Administrative Assistant selection arrangements.

The Service-wide base-grade and graduate recruitment programs listed in the previous Regulation 71B(1) are encompassed in the new Regulation and will continue for the present. However, the new simplified classification structure being implemented through certified agreements does not include the separate classification of Graduate Administrative Assistant (Aboriginal Services) or Administrative Services Officer (Aboriginal Services) Class 1.

These arrangements will involve little difference in practice. RSA will advertise its central Indigenous recruitment programs as programs to encourage the appointment to the APS of persons who are members of the Aboriginal race of Australia or descendants of the Indigenous inhabitants of the Torres Strait Islands. Orders of merit will be established and agencies that are covered by the new classification structure will be able to use them to recruit Indigenous graduates and Indigenous APS1s.

Cadetships and technical traineeships

APS employment reforms focus on the abolition of central prescription of the type of training that may be undertaken by cadets and other trainees. This will include arrange-ments for Indigenous cadets and trainees.

Indigenous Cadetship Program

The PSMPC is about to gazette, under sections 33A and 53A of the Act, a new Indigenous cadetship to complement the revised training and advancement arrangements which are part of the administrative reform package for those agencies operating under the old classification structure. Unlike the old provisions which confine Indigenous cadetships to particular fields of study, the new arrangements give agencies the flexibility to set their own cadetship fields of study to meet their particular organisational requirements. The new cadetship will allow advancement into the Administrative Service Officer stream.

Once agencies move to the new classification structure under a certified agreement, they will be able to establish their own Indigenous cadetship training arrangements without further reference to, or agreement from, central agencies. Under the current Act, the advancement arrangements out of the training classification under the new structure will still be determined by the PSMPC under section 53A.

These programs will, of course, need to be advertised in the Gazette and the press as programs to encourage the appointment to the APS of members of the Aboriginal race of Australia or descendants of the Indigenous inhabitants of the Torres Strait Islands. Support by the Department of Education, Employment, Training and Youth Affairs for Indigenous cadetships will continue.

Indigenous technical traineeships will continue to operate under selection and advancement arrangements currently authorised under sections 33A and 53A of the Act and set out in the Public Service Periodic Gazette No P15 of 31 May 1994. As agencies move to certified agreements they will be able to establish their own arrangements similar to those outlined above for cadets.

People with an intellectual disability

People with an intellectual disability are unable to compete on the basis of merit for appointment to the APS, yet are still capable of working to a satisfactory standard. Regulation 71B(2) continues to declare the Intellectual Disability Access Program (IDAP) as an approved program for the purposes of encouraging the appointment to the APS of people with an intellectual disability.

The PSMPC personnel management guidelines Intellectual Disability Access Program sets out the legislative and policy framework for the recruit-ment and employment of people under the IDAP program. Recent organisational changes over the last few years mean agencies wishing to recruit people under the IDAP program are often confused as to whom to approach.

The PSMPC will be issuing further detailed advice on this aspect of recruitment to the IDAP program. In the meantime, agencies wishing to employ people under the program should contact their State or Territory branch of the Department of Health and Family Services' Office of Disability.

Appendix 4 : Anti-discrimination and EEO Milestones in the APS

EEO and anti-discrimination measures have a long history in the APS. Some significant milestones are:

The 1940s to the 1960s

1949 Single women allowed to work in clerical/administrative jobs

1963 Women's Bureau established in the Department of Labour and National Service

1966 Marriage bar abolished for women

1967 Aboriginal and Torres Strait Islander people become eligible for ap-pointment

1969 Equal pay for work of equal value 'in principle' decision-Conciliation and Arbitration Commission

The 1970s

1972 'Men only' and 'women only' jobs abolished

Equal pay for work of equal value decision implemented in the APS

1973 Introduction of 'identified' positions for Aboriginal services jobs

Abolition of upper age limits for clerical/keyboard appointment

Ratification of ILO Convention 111 concerning discrimination in respect of employment and occupation

Maternity Leave (Commonwealth Employees) Act passed

1974 Single minimum adult rates-Conciliation and Arbitration Commission set one rate for every classification Award

Ratification of ILO Convention 100-Equal Remuneration

1975 EEO section established in Public Service Board

Modified selection tests developed for people with disabilities

Racial Discrimination Act passed

1976 Royal Commission into Australian Government Administration report released

Superannuation arrangements modified to be more equitable for women staff

1977 National Employment Strategy for Aborigines introduced

Aboriginal services recruitment campaigns commenced

1979 Multilingual Information Program for APS introduced

The 1980s

1981 Voluntary EEO programs for women based on the National Labour Consultative Council's Guidelines for Employers: Equal Employment Opportunities for Women introduced

Human Rights Commission established

1984 Sex Discrimination Act passed

Public Service Reform Act passed. APS agencies required to produce EEO programs for four designated groups (women; Aboriginal and Torres Strait Islander people; people with disabilities; and people of non-English speaking background)

1985 Access and Equity Strategy published

Parental leave without pay granted in the APS

1986 Human Rights and Equal Opportunity Commission Act passed

Affirmative Action (Equal Opportunity for Women) Act passed

Permanent part-time work introduced into the APS

First survey of all APS staff to obtain EEO data undertaken

1987 EEO (Commonwealth Authorities) Act passed

Aboriginal Employment Development Policy (AEDP) launched

Social Justice Strategy announced

Machinery of Government changes: Public Service Board abolished; support for EEO, particularly in the regions, more squarely rests with agencies; Public Service Commission responsible for monitoring EEO in the APS

Two-tiered wages system introduced

1988 National Agenda for Women announced

1989 National Agenda for a Multicultural Australia launched

Guidelines for Intellectual Disability Access Program (IDAP) in APS issued

The 1990s

1990 Further Steps Forwardstrategy document for EEO into the 1990s in the APS launched

Maximising diversity-Joint Council report on the employment of people of non-English speaking background in the APS released

Eliminating Sexual Harassment Guidelines released

Re-entry provisions for APS staff resigning to care for children introduced

Ratification of ILO Convention 156 on workers with family responsibilities

Ratification of ILO Convention 159-Vocational rehabilitation and employment (disabled persons)

1991 Aboriginal and Torres Strait Islander recruitment and career development strategy for the APS commenced

People with disabilities-initiatives for APS introduced

Guidelines developed for agency based employer-supported child care

National Report of the Royal Commission into Aboriginal Deaths in Custody released

1992 Draft Equal Employment Opportunity Strategic Plan for the APS for the 1990s released

Disability Discrimination Act released

Equitable severance benefit arrangements for part-time staff introduced

Senate Standing Committee on Community Affairs report on the Employment of People with Disabilities released

Report on the Inquiry into Equal Opportunity and Equal Status for Women in Australia, Half Way to Equal released

Guidelines on the use and filling of Identified Positions issued

Revised Intellectual Disability Access Program (IDAP) Guidelines and Information package released

Amendments made to the Sex Discrimination Act, Human Rights and Equal Opportunity Commission Act and the Affirmative Action (Equal Employment Opportunity for Women) Act

Certified APS workplace bargaining agreement adopted as confirming support for anti-discrimination and EEO and incorporating more flexibility for part-time work

Equal Pay Policy Statement announced

1993 International Year of the World's Indigenous People

Commonwealth Strategy for Implementation of ILO Convention 156, Workers and Family Responsibilities announced

Commonwealth Govern-ment Purchasing Policy in support of the Affirmative Action (Equal Employment Opportunity for Women) Act introduced

Equal Employment Opportunity: a Strategic Plan for the APS for the 1990s launched

National Strategy on Violence Against Women released

1994 Significant changes to improve the effectiveness of the Sex Discrimination Act announced

International Year of the Family

Guidelines on Eliminating Workplace Harassment released

First APS Equality Awards presented

1995 First Service-wide report on implementation of EEO in the APS

1996 30th anniversary of the lifting of the marriage bar in the APS

Workplace Relations Act released

1997 Identified Positions Guidelines revised

1998 Workplace Diversity Programs established as Government policy

The establishment of a special office within the Public Service Board in 1975 resulted in the introduction of a number of programs for staff in the APS, including ones for people from non-English speaking back-grounds. While some progress was made, the overall outcome of these initiatives were disappointing.

New legislative arrangements aimed at a Service-wide approach to combat discrimination and promote EEO were introduced in amend-ments to the Public Service Act 1922 through the Public Service Reform Act 1984. The statutory framework for EEO programs is now contained in section 22B of the Public Service Act 1922.

These arrangements require secretaries of departments to develop and implement EEO pro-grams for women and the three designated disadvantaged groupsAboriginal and Torres Strait Islander people, people from non-English speaking background (and their children) and people with mental and physical disabilities.

The amendments to the Public Service Act were part of a package of EEO legislation introduced by the government in the public and private sectors.

In 1993, in response to new challenges and new issuesworkplace bargaining, new patterns of recruitment, competency-based training, performance management and restructuringthe Public Service Commission released a strategic plan for EEO in the Australian Public Service for the 1990s2.

The plan's central strategic vision was for EEO principles and measures, founded on the merit principle, to be further integrated into all people management activities in the APS. The plan introduced the use of new broad indicators of performance, based on population and labour force information, as general points of reference and comparison.

In February 1998 the Public Service Commissioner, pursuant to subsection 22B(10) of the Public Service Act 1922, revoked all guidelines previously issued under that subsection and issued new guidelines to replace them.

The guidelines, issued under the title Public Service Commissioner Guidelines: Managing Workplace Diversity define workplace diversity and outline the requirements of agency heads and role of the Public Service Commissioner.

Addendum : Public Service Regulations

On 2 April, the Senate Committee on Regulations and Ordinances gave notice of a motion in the Senate to disallow the amendments to the Public Service regulations which were part of the Government's strategy to implement its public sector forms through administrative means.

The notice applies to the whole of the new regulations.

If no further action is taken on this notice, the amended regulations will be disallowed as of 4 June 1998. In the meantime the amended regulations remain in force.

Disallowance, if it occurs, would mean that the new arrangements under Regulation 71B(1) in relation to programs to encourage the appointment to the APS of Indigenous Australians (see pages 3-4 and Appendix 3) would cease to apply. The previous regulation 71B(1) would come back into force.

The new classification structure which agencies can adopt under a certified agreement may involve some changes to the way in which Regulation 71B(1) operates, even if the amendment is disallowed. We will keep you informed of developments.

Disallowance of the new regulations would not affect any other aspect of the new workplace diversity arrangements.

 

2 Public Service Commission (1993) Equal Employment Opportunity: a Strategic Plan for the Australian Public Sector for the 1990s, Canberra.