Chapter 8: Workplace diversity
Legislative framework
The legislative framework applying to the management of diversity includes a number of provisions in addition to those in the APS Values and Code of Conduct. Under s. 18 of the PS Act, agency heads are required to establish a Workplace Diversity Program (WDP) to help give effect to the APS Values. This includes measures to prevent all forms of discrimination and to recognise the positive advantages of, and help make the best use of, the diversity available in the workplace and the Australian community. It also includes measures to ensure that the agency is able to access and use the diverse skills of its employees and to ensure equity in employment. Under clause 3.6 of the Public Service Commissioners Directions, all agencies must review their WDP at least once every four years.
Chapter 4 of the Commissioners Directions enables agency heads to identify particular employment opportunities as open only to Indigenous Australians and to people with an intellectual disability.
The Commissioners Directions further require agency heads to assist APS employees to balance their work, family and other caring responsibilities. These work practices can be found in WDPs, human resource policies and industrial agreements.
Legislation relevant to workplace diversity includes:
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Human Rights and Equal Opportunity Commission Act 1986
- Occupational Health and Safety (Commonwealth Employment) Act 1991
- Disability Discrimination Act 1992
- Workplace Relations Act 1996.
In supporting this framework, the APS Commission assists agency heads to meet their workplace diversity obligations and works with agency diversity coordinators in a number of ways. These include supporting the workplace diversity and disability networks, the Indigenous Employment Group, and the Indigenous APS Employees Network, preparing publications, and hosting the Workplace Diversity Awards. Further information about this assistance is set out in the Public Service Commissioners Annual Report 200203.
