The Government's Response to the Lavarch Report
Statement by
The Prime Minister
The Honourable P. J. Keating. MP
19 September 1992
Sex Discrimination and Affirmative Action
Sex Discrimination and
Affirmative Action
The Government's Response
to Recommendations
of the Lavarch Report
Introduction
The Government's commitment to eliminating discrimination
against women is reflected in the Sex Discrimination Act 1984
' and the Affirmative Action ( Equal Opportunity for Women) Act
1986. The Sex Discrimination Act is the legal framework for
the Government's policies and programs for the elimination of
discrimination on the ground of sex, marital status or pregnancy.
It is based on the United Nations Convention on the Elimination
of All Forms of Discrimination Against Women, which Australia
ratified in 1983.
The operation of the Act is based on the resolution of
individual and group complaints through conciliation by the Sex
Discrimination Commissioner. The great majority of complaints
are about discrimination at work, but there are also a large
number of complaints about sexual harassment.
The Act has been both a symbolic and a practical source of
support for women in their struggle for equality, especially in the
workplace. Several amendments to improve its operation and
Sex Discrimination and Affirmative Action
widen its scope, including the replacement of the blanket exemptions
for insurance and superannuation with more limited
exemptions, have already been made.
The Act now has wide acceptance, even among many who
opposed it in 1984. Moreover, there is now a more general
understanding of the institutional and social factors which have
worked against equality for women. It is timely to review several
aspects of the operation of the Act, and this has been done in
part by the House of Representatives Standing Committee on
Legal and Constitutional Affairs ( the Lavarch Committee) in the
context of its Inquiry into Equal Opportunity arnd Equal Status for
Women in Australia. Other aspects of the Act h'ave been examined
by the Sex Discrimination Commissioner in her Review of
Exemptions, tabled in Parliament on 10 September 1992.
The aim of the Affirmative Action Act is to remove
discrimination against women in employment, with the emphasis
on positive programs to improve the position of women workers.
The legislation has been gradually phased in to cover all higher
education institutions and private sector organisations with 100
or more employees. Employers are required to report each year
to the Affirmative Action Agency on the progress of their affirmative
action programs. Those who do not comply face being
named in Parliament. There has been a very high level of compliance
with the Act.
In May 1991 the Minister for Industrial Relations announced
a review of the Act, with the aim of introducing
amendments to legislation in this Parliamentary sitting. The
Effectiveness Review of the Act conducted by the Agency's
Director revealed strong support for the legislation and this was
also reflected in the Lavarch Report, which makes a number of
recommendations to improve the Act.
The Government intends to pass further amendments in
the Budget sittings of Parliament to extend the scope and im-Sex Discrimination and Affirmative Action
prove the operation of these Acts. These, and the other measures
discussed here, are the Government's response to those
recommendations of the Lavarch Committee which deal with the
Sex Discrimination Act and the Affirmative Action Act. A number
of the recommendations do not require legislation. In regard to
the Sex Discrimination Act, some present complex or very sensitive
legal or social issues, and require full examination before
decisions can be reached on implementation. In these cases,
however, the Government has set out the process, including the
timing, it will use to arrive at a response.
The recommendations are reproduced for reference.
Sex Discrimination and Affirmallive Action Sex DIscrlmlnation ond Affirmative Action
Extension of the
Sex Discrimination Act
to Industrial Awards
Recommendation 74
The Committee recommends that the
Pay Equity Unit in the Department of
Industrial Relations undertake investigations
into the impact on women of
removing the current exemption at
In particular they should
monitor the extent to which discriminatory
clauses are being removed as
part of the structural efficiency negotiations
and decisions.
The Government will introduce legislation in this session of
Parliament to extend the Sex Discrimination Act to cover federal
industrial awards, and variations to federal awards, made after
the date of the legislation.
At present, the Sex Discrimination Act does not apply to an
act done by a person in direct compliance with an industrial
award. Further, the Australian Industrial Relations Commission is
not bound by the Sex Discrimination Act, although it is required
to take account of the principles embodied in the Act.
When the Act was passed in 1984 there were many discriminatory
provisions in awards and anomalies in the rates paid
for work traditionally done by women. Since then, employers,
unions, industrial tribunals and governments have worked to-
Sex Discrimination and Affirmative Action
wards eliminating discrimination, and most of the overt discrimination
has been removed. Under the Structural Efficiency Principle
established by the Australian Industrial Relations Commission
in 1988, minimum wage rates have been reviewed on the basis
of work value, and this minimum rates adjustment process has
resulted in re-evaluation of many women's jobs. The Government's
intention in extending the Sex Discrimination Act to
awards is to guard against the introduction of discrimination in
new awards, especially in the changed climate of dlecentralised
bargaining arrangements. This is consistent with the Government's
commitment to protecting the interests of low paid and
vulnerable workers.
The mechanism proposed will enable indiviiduals to complain
to the Sex Discrimination Commissioner about federal
awards. The Sex Discrimination Commissioner, if she is satisfied
that the complaint is not frivolous, will refer it to the Australian
Industrial Relations Commission. if it finds that the award is
discriminatory, the Commission will be required to vary the
award unless there are compelling public interest reasons not to
do so. The Sex Discrimination Commissioner will have a right to
appear before the Industrial Relations Commission in relation to
matters she has referred. The exemption in the Sex Discrimination
Act will be modified to take account of the extension of
the Act. Workers with-
Family Responsibilities
Recommendation 62
The Committee recommends that ILO
156 be attached to the SDA as a
schedule and further that the powers
of the Commissioner be expanded to
include responsibilities in association
with ILO 156. Sex Discrimination and Affirmative Action
Recommendation 63
The Committee recommends that
the SDA be amended to include as
a prohibited ground for discrimination,
family, parental and carer
responsibilities.
Australia's ratification of the International Labour Organisation's
Convention No. 1 56 on Workers with Family Responsibilities in
1991 commits the Government to work towards enabling workers
with family responsibilities to be employed without discrimination
and, as far as possible, without conflict with their family
responsibilities. The Government is in the process of amending the Sex
Discrimination Act to prohibit dismissal on the grounds of family
responsibilities. The other recommendations are being addressed
in the context of the Government's plan for implementation of
ILO 1 56. Further consultation and investigations will be undertaken
as to whether family responsibilities will be incorporated
fully as a prohibited ground of discrimination, including consideration
of the definition of ' family'. Several States have already
incorporated family responsibilities in their anti-discrimi nation
legislation. The Attorney-General's Department has been given
resources in this Budget to complete this examination.
Sexual Harassment
Recommendation The Committee recommends that
Division 3 of the Sex Discrimination Act be
amended to:
remove the need for a complainant
to demonstrate
disadvantage by repealing
Sections 28( 3) and 29( 2) and
replacing them with a
definition of sexual harassment
similar to that in Section 58 of
the ACT Discrimination Act 1991
Sex Discrimination and Aff irmative Action
amend Section 29( 1) to inlude
harassment of staff by students
as an offence; and
make unlawful sexual harass
ment in the provision of goods
and services and accommodation.
The Government will introduce legislation in this session of
Parliament to strengthen the sexual harassment provisions of the
Sex Discrimination Act.
Since the Act was passed, the level of ge) beral understanding
of the harmful effects of sexual harassment has increased
and sexual harassment is no longer regarded as a trivial matter. It
need no longer be linked to an individual suffering some detriment
in employment or education to be unacceptable.
A new definition will be used in the Act so that a complainant
need no longer demonstrate disadvantage; it will be
sufficient that she or he was offended, humiliated or intimidated
by the behaviour in question and that it was reasonable to feel
that way. It brings the prohibition closer to the now common
understanding of the term.
The operation of the sexual harassment provisions will be
extended to the provision of goods and services, and to other
areas where discrimination is unlawful under the Act, including
contract, commission and partnership relationships, bodies
deciding employment qualifications, unions, employment agencies,
clubs, land agents, and the administration of Commonwealth
laws and programs. Sexual harassment of students by
adult students and staff by adult students in educational institutions
will be made unlawful. Sex Discrimination and Affirmative Action
Victimisation
Recommendation
The Committee recommends that
Section 94 of the Sex Discrimination
Act be amended so as to allow complaints
of victimisation to be considered
either through a court of law or
a process of conciliation.
The Government intends to amend the Act in this session of
Parliament to allow complaints of victimisation to be dealt with
by the Sex Discrimination Commissioner by conciliation. Section
94 of the Sex Discrimination Act provides that victimisation of a
complainant is a criminal offence and, as such, can only be
prosecuted in a court. The Government is concerned that such a
procedure, which may be expensive and daunting, could discourage
people from complaining of victimisation. The amendment
will not remove the right to court proceedings.
Group Complaints
Recommendation 66
the Attorney-General's
Department examine
of the SDA in the light of the
recent Federal Courts Amend
ment Act 1991 to ascertain
whether amendment is needed
to provide for a less cumber
some procedure for initiating a
group complaint and to clarify
the right to damages by way of
representative action.
Sex Discrimination and Affirmative Action
The Government intends to amend the Act in this session of
Parliament to bring the provisions for representative complaints
into line with the model used in the Federal Court.
The Human Rights and Equal Opportunity Commission has
power to inquire into representative complaints. However, the
Commission must first determine whether the complaint meets
seven criteria for a representative complaint. The cumbersome
nature of these provisions means that they have been rarely
used. Under the new procedure a person may bring proceedings
on behalf of a group of seven or more persons Where the claims
of those persons arise from similar or related events and a common
question of law or fact arises with respect to all of their
claims. The consent of a person to be a group member is not
required and a member of the class does not have to take a
positive step to be included in the proceedings, although he or
she has the right to opt out within a period specified by the
Court. Making Determinations
More Easily Enforceable
Recommendation 67
The Committee recommends that
HREOC determinations be registrable
in the Federal Court and that in the
absence of an appeal they automatically
become an enforceable order of
the Court.
In this session of Parliament the Government will amend legislation
to simplify the procedure for enforcing determinations of
the Human Rights and Equal Opportunity Commission.
Determinations under the Sex Discrimination Act will be Sex Discrimination and Affirmative Action
registrable in the Federal Court when they are made. A respondent
will be allowed a period to challenge the determination in
the Federal Court. If a challenge is brought, the matter will be
heard again by the Court. If there is no challenge, the determination
becomes enforceable as if it were an order of the Court.
This will increase the effectiveness of the Human Rights
and Equal Opportunity Commission's decisions, which at present
are not binding. To enforce its decisions it currently must have
recourse to the Federal Court, which has to go through for itself
the process of establishing that unlawful conduct has occurred.
Operation of the
Human Rights and
Equal Opportunity
Commission
Recommendation
The Committee recommends that
Trade Union and employer organisations
in conjunction with HREOC run
ongoing campaigns amongst men to
raise awareness of the effects of sexual
harassment
The Government supports this recommendation. At present a
Commission training package and video entitled Eliminating
Sexual Harassment in the Workplace A Guide for Managers is
nearing completion. Aimed at private sector middle management,
it has been developed in conjunction with unions and
employer groups and should be available for purchase by the
end of the year. It could be used to supplement a campaign
targeting men.
Sex Discrimination and Affirmative Action
Recommendation 59
The Committee recommends that
without breaching the rights of privacy
of parties to a complaint, HREOC
publish more comprehensive statistics
on the nature of concluded complaints,
including those:
which did not proceed to
conciliation; those resolved through
conciliation; and
those requiring formal
determination by the
Commission or the Court
The Human Rights and Equal Opportunity Commission has
developed a comprehensive database on complaints and matters
proceeding to formal inquiry. It has sought legal advice on the
boundaries and requirements of confidentiality, and could make
the statistics described here available subject to that advice. In
addition, the Sex Discrimination Commissioner intends to produce
a quarterly information sheet on developments in sex
discrimination issues, with particular focus on legal decisions and
conciliated complaints. Recommendation 66
The Committee recommends that:
the Sex Discrimination
Commissioner seek, through
arrangements with the ACTU.
to ensure that the union
movement is familiar with the
complaint handling processes
of the SDA and of the potential
for union involvement in
complaints under the SDA.
The Sex Discrimination Commissioner is developing a range of
strategies including meetings, seminars and workshops targeted
at unions, in order to inform them and their members about
rights and procedures under the Sex Discrimination Act. The
project is planned to cover two years. Sex Discrimination and Affirmative Action
Recommendation 68
The Committee recommends that:
the Sex Discrimination
Commissioner be provided with
adequate resources to ensure
that the Commission's proactive
functions specified in Section
48( l) of the Act can be more
effectively carried out;
the Human Rights and Equal
Opportunity Commission
determine separate budget
allocations for each of its areas
of responsibility in order that
the Sex Discrimination
Commissioner have access to a
clearly designated budget.
The Commission, an independent statutory body, has indicated
support for these recommendations. The Sex Discrimination
Commissioner has a separate allocation within the Human Rights
and Equal Opportunity Commission's budget, but further discussion
will continue within the Commission on distribution of
resources. Areas Where Further Work
Will be Done on
Strengthening the Act
Recommendation The Committee recommends that:
a general provision stating that
discrimination on the basis of
sex, marital status, potential
pregnancy and family
responsibilities is unlawful
should be included in the SDA.
Sex Discrimination and Affirmative Action
This recommendation will be considered over the next six
months. The Government understands the recommendation to
mean the addition of potential pregnancy and family responsibilities
as prohibited grounds of discrimination. It needs to be
considered in conjunction with Recommendations 61, 62 and
63, which also deal with potential pregnancy and family responsibilities.
The issue of adding family responsibilities to the Act is
currently under consideration ( see Recommendation 63). Adding
potential pregnancy explicitly might strengthen the Act, particularly
in regard to occupational health and safety issues. It is
discussed further under Recommendation 61. Consultations with
the States, and with business and employer groups, will be
necessary before any action is taken.
a provision allowing for ' equal
protection before the law',
similar to the provision in the
Racial Discrimination Act, be
adopted in the SDA.
The Government will investigate this recommendation further
over the next six months. If. as a result of the investigation, it
appears that the new provision would strengthen the Act, it will
be implemented. The proposal for equal protection before the
law, in conjunction with extension of the Act to cover new
' prohibited grounds', could involve a detailed process of searching
for inconsistent legislation. It could cause difficulties with
State legislation and will be discussed with the States.
Recommendation 61
The Committee recommends Section
7 of the SDA be amended by:
the inclusion of ' potential
pregnancy' as a ground of
prohibited discrimination.
the repeal of 701)( b). Sex Discrimination and Affirmative Action
The Government will investigate these recommendations further
over the next six months. If, as a result of the investigation, it
appears that the amendments would strengthen the Act, they
will be implemented.
It is not entirely clear where there could be discrimination
on the grounds of potential pregnancy which would not be
caught by the definition of sex discrimination already in the Act.
However, it could strengthen the Act, in particular with regard to
occupational health and safety issues. Consultation with States
and business and employer groups would be necessary.
Section 701)( b) provides a defence of reasonableness for
discrimination on the grounds of pregnancy. Even if it were
repealed, temporary exemptions could continue to be made
under Section 44, similar to those which have been made in the
past for the lead industry.
Recommendation 64
The Committee recommends that the
dlef inition of ' marital status' in Section
6 be extended to include discrimination
on the basis of the identity of the
spouse of the person lodging the
complaint.
The Government will implement this recommendation, and is
examining the best means to do so. It may be necessary to allow
for exceptions to the new provision, for example if an employer
wished not to employ someone whose spouse worked for a rival
firm. This might be dealt with by a ' reasonableness' criterion, but
further consideration and consultation are warranted.
Recommendation 72
The Committee recommends that the
Attorney-General's Department, in
consultation with HREOC. determine
if an amendment is necessary to
Sex Discrimination and Affirmative Action
Section 33 so that it ensures that
measures to promote equal opportunity
for women or to meet their
special needs are not unlawful.
The Government will investigate this recommendation fully over
the next six months. If, as a result of the investigation, it appears
that a new provision would strengthen the Act, the Act will be
amended. The Lavarch Report refers to evidence of a very strongly
expressed view in the community that the section of the Act
which allows for measures to promote equality' needs to be
reinforced. This concern has been expressed in the context of
extending the Act to cover federal industrial awards, a small
number of which contain provisions which discriminate in favour
of women. The Government recognises that recent cases have
caused concern. It has been argued that these cases have demonstrated
that the clause is adequate, but many women's organisations
would disagree with this view. On the other hand,
drafting a more satisfactory clause may be extremely difficult,
and there is a danger that a change would obviate the usefulness
of previous cases as precedents. Further consideration is
warranted. Indirect Discrimination
Recommendation 70
The Committee recommends that:
sub-sections 6( 2) and 7( 2)
paragraph be deleted.
a new sub-section be added to
Sections 5, 6 and 7 in the
following terms:
it shall be a defence for a discriminator
to show that the imposition of the Sex Discrimination and Affirmative Action
condition or requirement was reasonable
in order to pursue the least
discriminatory option available to the
discriminator in the circumstances of
the case.
The Government accepts the principle behind this recommendation,
but implementation warrants further consideration of legal
precedent and consultations with the States and Territories and
business and employer groups. This will be done over the next six
months. These provisions deal w ith the test for indirect discrimination.
If the recommendation were implemented, it might be
necessary to amend the test in paragraph to refer not only to
the least discriminatory option but also to allow for a test of
economic viability. Legal Aid-
Recommendation 69
The Committee recommends that the
Attorney-General investigate the criteria
applied by the Legal Aid Commission
in deciding aid applications
for assistance in sex discrimination
cases with a view to ensuring that
complainants and respondents are
assisted in appropriate cases.
Legal Aid is provided through State agencies, and the criteria are
decided at State level. Over the next six months the Government
will consider the issues, in the light of the scarce resources
available.
Discrimination a~ ndc A~ ffiraaiienAatodteA firmative Action)
The Defence Force
Recommendation 71
The Committee recommends that
Section 43 be amended to include a
specified time period not exceeding
two years to allow the removal of
prohibitive and discriminatory provisions
from Defence Force legislative
requirements and administrative
procedures.
The Minister for Defence Science and Personnel will re-examine
the exclusion of women from combat duties and the legislative
basis of that exclusion after the Chief of the Defence Force
presents the results of a comprehensive review of the employment
of women in combat and combat-related duties later this
year. Women are at present excluded from serving in combat
positions. The Sex Discrimination Act also allows their exclusion
from combat-related duties although the latter exclusion has not
been applied since May 1990 when the Chiefs of Staff recommended
against its continued application and the Minister for
Defence announced a new policy based on this advice.
A progress review of the policy of employing women in
combat-related positions was considered by the Chiefs of Staff
Committee in June 1991. The Chiefs of Staff found that the
implementation of the new policy was progressing well and
without any major impediment. A further review of policies
relating to the employment of women in combat and combatrelated
positions, prompted by the Lavarch Report, is being
conducted with a report to be submitted by the Chief of the
Defence Force by 30 October 1992. Religious Schools
Recommendation 73
The Committee recommends that
Section 38 of the Sex Discrimination
Act be amended to add the requirement
of ' reasonableness'.
The Government will consult widely on this issue, and on the full
implications for religious schools of adding any reasonableness
criterion to the Act. It recognises the need to balance people's
right to equal treatment with the right to freedom of religious
practice. It will reconsider its response to the recommendation in
twelve months' time.
Implementation of the recommendation to add a criterion
. of reasonableness to the exemption of employment by educational
institutions established for religious purposes would mean
that a religious body could be called on to show that discrimination
in employment of staff was reasonable having regard to the
objectives of the organisation. The Lavarch Report expresses the
view that it is unacceptable to have a double standard between
men and women employed in schools established for religious
purposes.
Sex Discrimination and Aftirmative Action
Sex Discrimination and Affirmative ActionSex Discrimination and Affirmative Action
Quality of Programs
Recommendation 76
The Committee recommends that:
the Affirmative Action Agency
be resourced to undertake
qualitative assessments of
reports received.
The Government supports this recommendation. In the 1992-93
Budget the Government has provided an additional $ 0.4m in
1992 ( and $ 0.25m in 1993-94) to the Affirmative Action Agency
for a new program of measures to encourage quality affirmative
action outcomes.
Submissions and consultations of the Effectiveness Review
of the Affirmative Action Act revealed wide ranging and strong
support for maintaining the existing general structure of the
legislation. There was concern, however, about the uneven
quality of employers' affirmative action programs and strong
support for focussing on improving quality in the next phase of
the legislation. The new measures will include development of performance
standards based on best practice benchmarks; and cooperative
research projects and training initiatives with employer
bodies and unions. Evaluation of reports and feedback to employers
will be integral to these measures.
the Agency encourages
companies to focus more
carefully on identifying and
addressing the particular needs
of groups of women with
special needs in the workforce.
Sex Discrimination and Affirmative Action
The issue of how to encourage employers to focus on the
needs of particular groups of women workers was considered as
part of the Effectiveness Review of the Act. The Government
accepts the Director's conclusion that the most fruitful approach
would be for the Agency to develop models of good practice cooperatively
with interested companies ( including for example,
language and literacy training for women, and workplace design
facilitating employment of women with disabilities), rather than
provide legislative coverage by category for women with multiple
disadvantage. This will be taken up by the Agency in the next
stage of the legislation. Recommendation 77
The Committee recommends that:
those organisations consistently
recording good progress should
have the obligation of report
ing reduced accordingly,
reducing the workload of the
organisation itself and the
Affirmative Action Agency; and
The Government will implement this recommendation which was
also raised in the Effectiveness Review, by introducing legislation
in this session of Parliament to give the Director the power to
vary reporting requirements.
This amendment will enable the Director to alter the report
, format to permit, for example, detailed reporting in one year and
progress and exceptions reporting the next. It would also allow
the development of a scheme for exempting exceptional performers
from reporting requirements for a number of years,
similar to the ' exceptional trainer' status under the Training
Guarantee ( Administration) Act 1990. Sex Discrimination and Affirmative Action
the Affirmative Action Agency
to be charged with responsibil
ity to distribute reports to
relevant interest groups,
principally trade unions.
Submissions, consultations and research for the Effectiveness
Review suggest that the requirements of the Act for employers
to consult with trade unions and with employees about their
affirmative action programs are not well met. The Government
has decided that a tripartite advisory committee will be established
to address this issue as well as how to improve the quality
of affirmative action reports. A priority for the committee would
be to develop general principles for compliance with the eight
steps of an affirmative action program and codes to interpret
them. Early emphasis will be given to steps Three and Four on
consultation. Effective consultation by employers with their
employees and with unions would include providing them with
copies of their affirmative action reports.
Employers' affirmative action reports are available to any
individual or organisation upon request to the Agency. To improve
availability, from 1992-93 a full set of the most recent
reports will be made available on microfiche in each capital city.
Coverae
Recommendation 77
The Committee recommends that:
a further expansion of the
number of companies which
come under the Affirmative
Action Act to include those
employing 40 people and in the
long-term, all employees;
Sex Discrimination and Affirmative Action
the resources of the
Affirmative Action Agency
would need to be increased
commensurate with the
increased work load;
In the Effectiveness Review of the Act, the Director estimated
that reducing the threshold to 50 would double the number of
reports to be handled by the Agency yet increase coverage by
only 8 per cent of private sector employees. Accordingly the
Government has decided that the objectives of the Act would be
better advanced through focusing on the quality of employers'
programs rather than reducing the threshold.
The Government intends, however, to legislate in this
session of Parliament to extend the Act to ensure the coverage
of elected union officials as employees and of trainees employed
through Group Training Schemes.
The Effectiveness Review highlighted * considerable community
concern about discrimination against women in smaller
companies. This issue is to be kept under review by the Agency.
As part of its program of new measures arising from the Effectiveness
Review, the Agency will also develop a strategy for
raising awareness of issues surrounding discrimination against
women in smaller companies. This could include cooperative
training with employer organisations and unions, preparation of
appropriate policies and guidelines, and pilot programs in industries
reporting particular difficulties.
Recommendation 78
The Committee recommends that: Sex Discrimination and Affirmative Action
The Government intends to legislate in this session of Parliament
to extend the operation of the Act to voluntary bodies employing
one hundred or more employees. This will bring an estimated
60,000 additional paid employees under the Act when the
amendment comes into operation and will mainly affect the
largest charities, independent schools and the Catholic school
system. Statutory Authorities
Recommendation 78
The Committee recommends that:
evaluative analysis be under
taken by DIR to ensure that
statutory authorities are
adopting effective
affirmative action programs;
and
The Government supports this recommendation. The Department
of Industrial Relations, in administering the Government's
industrial relations co-ordination arrangements, will analyse the
extent to which statutory authorities are adopting effective
affirmative action and equal employment opportunity programs.
and report to the Minister for Industrial Relations. The evaluative
criteria developed by the Agency will form the basis of the
assessments. The Minister for industrial Relations will negotiate with his
counterparts in State and Territory Governments to ensure
coverage of all government employees by EEO provisions.
work needs to be undertaken
by DIR in consultation with AAA
to establish how employers in
the voluntary sector can be
encouraged to adopt affirmative
action programs.
Sex Discrimination and Affirmative ActionSex Discrimination and Affirmative Action
Contract Compliance
Recommendation 79
The Committee recommends that:
the Commonwealth Government
introduce contract
compliance for all Commonwealth
contracts so that all
corporations/ organisations
tendering for government
contracts should be required to
supply evidence that they
practice equal employment
opportunity; and ance for purchasing that occurs through the Department of
Administrative Services.
The Minister for Industrial Relations will raise with his State
and Territory counterparts the importance of the adoption of
similar contract compliance policies by State and Territory governments.
The Victorian Government has put contract compliance
in place and the policy is operating effectively with minimal
administrative costs.
as part of greater Commonwealth
State co-operation in
equal opportunity matters, the
State and Territory Governments
explore options such as
contract compliance to enhance
the effectiveness of sex
discrimination legislation.
The Government accepts this recommendation, which is also a
recommendation in the Effectiveness Review, as a means of
signalling the Government's support for affirmative action
through an additional incentive to employers to comply with the
Act. Those employers who fail to comply with the requirements
of the Act will not be eligible for consideration for government
contracts for goods and services and specified industry assistance.
This will encompass purchasing by all government departments.
Operational details of the policy are currently being
developed and the implementation date and operational policy
will be announced at a later date. The Minister for Administrative
Services has already announced the adoption of contract compli-