Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Australia (Ratification: 1973)

Referring to its previous direct request, the Committee notes the detailed information and documentation supplied by the Government.

I. Federal level

1. The Committee would be grateful if the Government would provide information on the practical application of the Sex Discrimination Amendment Act, No. 71, 1991.

2. The Committee notes that industrial awards remain exempt from the coverage of the Sex Discrimination Act, 1984, and that permanent exemptions under the Act, including awards, have been reviewed with a view to determining which exemption, if any, should be allowed to remain. It further notes that 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. The Committee would be grateful if the Government would provide information on the outcome of the review and on any decisions taken with regard to the maintenance or removal of the exemptions, as well as any action contemplated to extend the application of the Sex Discrimination Act so as to be within the jurisdiction of the Industrial Relations Commission.

3. The Committee notes with interest the adoption, as of November 1992, of the non-discriminatory policy on "Unacceptable Sexual Behavior by Members of the Australian Defence Forces" and the removal of the former policy which had discriminated against members of the armed forces on the grounds of sexual preference. It would be grateful if the Government would keep the Committee informed of any further developments in the application of this policy.

4. With regard to enforcement of discrimination legislation, the Committee notes the expansion of the powers of the Human Rights and Equal Opportunity Commission to include the administration of the Discrimination Act, 1991, adopted in the Australian Capital Territory, and the Anti-Discrimination Act, 1991, adopted in Queensland, and requests the Government to continue to supply information on the powers and activities of the Commission, including its education and training activities to reduce discrimination in employment. In addition, the Committee notes the establishment of the Advisory Committee to the Human Rights and Equal Opportunity Commission and would appreciate receiving information on its functioning in future reports.

5. The Committee notes the undertaking of the National Inquiry into Racist Violence by the Human Rights and Equal Opportunity Commission and its findings of the existence of racism against Aborigines and Torres Strait Islanders and to a lesser extent against people from non-English speaking backgrounds. Noting that the Inquiry produced recommendations relating to the workplace, the Committee requests the Government to provide information on these recommendations and the work undertaken to implement them.

6. The Committee notes the continued implementation of the Affirmative Action (Equal Employment Opportunity for Women) Act, 1986, and the activities of the Affirmative Action Agency which included a review of the effectiveness of the legislation in meeting its objectives. While the effectiveness review revealed wide support for the legislation, it also found a need for increased qualitative assessment of the affirmative action programmes reported on by employers, a need for employers to focus on particular groups of women with multiple disadvantages, as well as a concern about discrimination against women in small companies. It also recommended the introduction of contract compliance for all Commonwealth contracts. The Committee requests the Government to supply information on the action contemplated or taken to respond to the above issues raised by the review, and to indicate whether extension of the Act beyond employers with 100 or more employees is being considered.

7. The Committee notes the information provided on the development of equal opportunity programmes under the Equal Opportunity (Commonwealth Authorities) Act, 1987, and the Public Service Act, 1984, and would be grateful if the Government would continue to provide information on the progress achieved in employment under these programmes for members of the target groups and on the results of any evaluations made of the programmes' effectiveness.

8. The Committee notes the information provided on new employment education and training initiatives to eliminate gender bias and to facilitate female participation in a broader range of occupations. It requests the Government to provide information on the implementation of these initiatives and the results achieved in terms of women's increased occupational diversification.

II. States and territories

9. Regarding exemptions under the Anti-Discrimination Act in New South Wales, the Committee notes from the Government's report that the exemptions under section 126 were for a set period of years and for programmes designed to promote equality such as the Aboriginal Employment Strategy and scholarships for women. The Committee would be grateful if the Government would continue to supply such full information on the exemptions granted under this section of the Act. With respect to exemptions under section 54 of the Act, the Committee notes that proposals are under consideration to remove section 54(D), which exempts discriminatory provisions in industrial awards. It requests the Government to provide information on measures taken to amend this section and on any other exceptions provided under section 54 of the Act. The Committee also hopes the Government will provide information on the progress made in amending awards exempted under this section which contain discriminatory provisions.

10. The Committee notes that the Department of Industrial Relations, Employment, Training and Further Education has implemented employment and training programmes targeted at youth, Aboriginals, people from non-English speaking backgrounds and mature aged workers, and has adopted a gender equity strategy administered by the Women and Work Unit. It requests the Government to provide details on the types of programmes implemented, their objectives and the results achieved.

11. In Queensland, the Committee notes with interest the adoption of the Public Sector Management Commission Act, 1990 (to ensure that equal opportunity principles apply to the public sector), the Anti-Discrimination Act, 1991, and the Equal Opportunity in Public Employment Act, 1992 (prescribing that public sector units must implement equal employment opportunity plans aimed at promoting equality for: people with a disability, women, Aboriginal and Torres Strait Islanders and people from a non-English speaking background). It further notes that under the Anti-Discrimination Act, which prohibits discrimination on the grounds set out in Article 1 of the Convention, acts done in compliance with existing provisions in legislation, industrial awards or agreements are exempted from coverage of the Act. Discrimination on the grounds of race in residential domestic services and residential child care is also exempted from the Act. The Committee recalls that all employment and occupations are covered under the Convention and requests the Government to indicate what measures have been contemplated or taken to extend the coverage of the protection of the Act to the above-mentioned situations. It also requests the Government to indicate whether industrial awards or agreements concluded after the Act came into force are covered by the Act.

12. The Committee notes the development of a Queensland Public Sector Aboriginal and Torres Strait Islander Employment Strategy, including the establishment of a unit to implement the strategy. The Committee would be grateful if the Government would provide further information on the implementation of the strategy and its impact on the members of the target group including the number of people who participate and employment follow-up to the training. It also requests the Government to indicate the interaction and coordination between implementation of this strategy and the equal opportunity plans required under the Equal Opportunity in Public Employment Act, 1992.

13. In the Australian Capital Territory, the Committee notes with interest the adoption of the Discrimination Act, 1991, which prohibits discrimination in the areas of work, education, access to premises, the provision of goods, services, facilities and accommodation and the activities of clubs on the grounds set out in Article 1, paragraph 1(a), of the Convention and on the additional grounds of sexuality, transexuality, marital status, status as a parent or carer, pregnancy, impairment or association. It further notes the provisions making sexual harassment and racial vilification unlawful. The Committee notes, however, that provision of domestic duties is exempted from the Act's general coverage pursuant to section 42 and, accordingly, requests the Government to indicate the measures that have been contemplated or taken to extend the protection of the Act to such workers. It further notes the Government's statement that the exemption under section 30 of the Act concerning anything done to comply with other laws is intended to be temporary until a review of the laws of the Territory - required under section 111 - is completed. The Committee requests the Government to supply information on the carrying out of the review, its findings and any action taken as a result of those findings.

14. In South Australia, the Committee notes with interest the adoption of Act No. 68 of 1989 and Act No. 25 of 1990 both amending the Equal Opportunity Act, 1984, and which, respectively, make unlawful discrimination on the grounds of intellectual impairment, and extend the protection against discrimination to unpaid workers and extend the grounds upon which discrimination is prohibited to include age. It also notes the amendments to the Industrial Conciliation and Arbitration Act, 1972, which expand the jurisdiction of the Industrial Commission to cover independent contractors and outworkers. As women comprise a large portion of these workers, the Committee requests the Government to provide information on the impact of the new jurisdiction and on any other measures taken to improve the position of such workers in the labour market.

15. The Committee notes the efforts undertaken to promote equality of opportunity and treatment in employment and occupation, including the implementation of the Women's Employment Strategy, the Women's Industrial Entitlement Information Project, the Multicultural Management Commitment Plan and the developments in the Equal Employment Opportunity Management Plan and other projects relative to women, Aborigines, people with disabilities and people from non-English speaking backgrounds. It hopes the Government will continue to supply information on such efforts and the results achieved in future reports.

16. In Western Australia, the Committee notes the adoption of the Equal Opportunity Amendment Act, 1988, which amends the Equal Opportunity Act, 1984, to include impairment as a ground for a complaint of discrimination. In addition, it notes with interest the removal of all discriminatory provisions from public sector awards and the removal of provisions in the Pearling Act, 1956, and in the Factories and Shops Act, 1962, which discriminated against women. It requests the Government to report on the measures contemplated or taken concerning discriminatory provisions in other awards or legislative texts.

17. The Committee notes in Victoria that exemptions have been granted under the Equal Opportunity Act, 1984, to redress imbalances and/or maintain a gender balance so as to provide services for refugee women. Noting that the Law Reform Commission has recently completed an extensive review of the equal opportunity legislation, the Committee requests the Government to supply a copy of that report and to continue to supply information on the nature of the exemptions granted pursuant to section 40 of the Act.

18. The Committee notes the lack of information on Tasmania, and requests the Government to provide full details on the implementation of the Convention in law and in practice for the relevant grounds of discrimination set out in Article 1, paragraph 1, of the Convention.