Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

National equality policy. The Committee notes the National Human Rights Consultation which was launched in December 2008 by the Attorney-General, submitting its report in September 2009. The Committee notes the wide range of recommendations in the report, including the following: to conduct an audit of all federal legislation, policies and practices to determine their compliance with international human rights obligations, and in the audit to give priority to anti‑discrimination legislation, policies and practices and those on immigration; to better integrate human rights into public sector policy and legislative development, decision-making, service delivery and practice; to require federal departments and agencies to develop human rights action plans and report on human rights compliance in their annual reports; to increase indigenous Australians’ participation in government institutions; and to adopt a federal Human Rights Act. The Government published its response to the recommendations in the “Australia’s Human Rights Framework” in April 2010, which the Committee notes includes a commitment to develop a new National Plan of Action which will outline the programmes and action to be taken by all levels of government to promote and protect human rights. The Committee notes that a parliamentary joint committee on human rights is to be established, and that the Government intends to develop draft legislation harmonizing and consolidating anti-discrimination laws, to review federal anti-discrimination legislation to ensure it is working effectively, and to consider further the complaints handling processes and related role and functions of the Australian Human Rights Commission. The Committee asks the Government to provide information on the following:

(i)    the implementation of the Human Rights Framework as it relates to equality and non-discrimination in employment and occupation, including any progress in developing a National Plan of Action, and harmonizing and consolidating the anti-discrimination legislation;

(ii)   the role of employers’ and workers’ organizations in the process of developing and implementing the National Plan of Action;

(iii)  whether further consideration is being given to the other recommendations of the National Human Rights Consultation report noted above, including adopting a federal Human Rights Act.

Equality between men and women. The Committee notes the range of initiatives being taken to promote equality in employment and occupation between women and men, in particular at the federal level, and in New South Wales, South Australia and Victoria. With respect to concerns raised previously regarding the impact of the amendments to the Workplace Relations Act (Work Choices Act), including the reliance on individual bargaining, particularly on women seeking to balance paid work and family responsibilities, the Committee notes the Government’s acknowledgment that female employees were particularly disadvantaged by these amendments, and that the provisions at issue have been repealed as a consequence of the adoption of the Fair Work Act, 2009. The Committee notes in particular that, as a result of the adoption of the Fair Work Act, Australian Workplace Agreements (AWAs) can no longer be made, and specific provisions have been introduced to assist workers to balance work and family responsibilities, including adding “carer’s responsibilities” as a prohibited ground of discrimination (sections 153(1), 195(1) and 351(1)), and providing for parental and carer’s leave, and flexible work arrangements (section 65, divisions 5 and 7). The Committee notes, however, that with respect to the “right to request” flexible work arrangements (section 65) and an extension of unpaid parental leave for a further 12 months (section 76), the employer can refuse such requests on “reasonable business grounds” and according to section 44, it appears that the decision of the employer cannot be challenged. The Committee also notes the report of December 2008 of the Senate Standing Committee on Legal and Constitutional Affairs regarding the effectiveness of the Sex Discrimination Act, which includes a range of recommendations for the revision of the Act, as well as revisions to the Human Rights and Equal Opportunities Commission (HREOC) Act and the Equal Opportunity for Women in the Workplace Act. The Committee also notes the 2008 amendments to the Victoria Equal Opportunity Act, 1995, to facilitate accommodation of an employee’s responsibilities as a parent or carer. The Committee notes in addition that recent amendments to the South Australia Equal Opportunity Act, 1984, have added discrimination based on caring responsibilities as a prohibited ground. The Committee asks the Government to provide information on the following:

(i)    the status of the implementation of the recommendations of the Senate Committee, including the progress in adopting the Sex Discrimination Amendment Bill, 2010, to amend the Sex Discrimination Act, 1984;

(ii)   the stage of the review of the Equal Opportunity for Women in the Workplace Act, 1999, and of the Agency;

(iii)  the impact in practice of the Fair Work Act and the amendments to the Victoria Equal Opportunity Act and the South Australia Equal Opportunity Act, in assisting workers to balance work and family responsibilities, with a view to ensuring equality of opportunity between men and women in employment and occupation, and how an employee can in practice assert their right to flexible work arrangements and extension of unpaid leave in law and practice in the light of section 44 of the Fair Work Act;

(iv)  specific measures taken or envisaged to address discrimination in education and employment of migrant, refugee and minority women and the results thereof as previously requested by the Committee;

(v)   any further measures taken to improve women’s access to employment and occupation, including strengthening women’s representation in decision-making roles and the impact thereof at the federal and state levels.

Sexual harassment. The Committee notes the Government’s indication that sexual harassment continues to be a problem in Australian workplaces, principally for women, but also for men. The Committee also notes the report of the Australian Human Rights Commission of September 2010, indicating that sexual harassment accounts for one of the largest groups of complaints under the Sex Discrimination Act, and recommending, among other things, the development and implementation of a national sexual harassment prevention strategy. The Committee asks the Government to provide information on measures taken or envisaged, including the development of a national sexual harassment policy, to prevent and address sexual harassment at work.

Additional grounds of discrimination. The Committee notes the recent amendments to the South Australia Equal Opportunity Act, 1984, expanding protection against discrimination, including for discrimination based on an expanded definition of disability, and due to religious appearance or dress. The Committee previously asked the Government to provide information on exemptions from the federal Age Discrimination Act, as well as follow-up to recommendations from the HREOC regarding age discrimination. The Committee notes the Government’s indication that the “dominant reason” test in the Age Discrimination Act, 2004, has been removed through the Discrimination and Other Human Rights Legislation Amendment Act, 2009, so that it is no longer necessary to show that age was the dominant reason for a discriminatory act. The Committee again asks the Government for information on the laws and programmes that continue to be exempted from the Age Discrimination Act, as well as the measures taken to implement the recommendations of the HREOC regarding age discrimination, including the need for community education about age discrimination legislation and campaigns to discourage prejudicial stereotyping, and whether further consideration is being given to undertaking an independent review of the effectiveness of the Act, including the nature and range of exemptions permitted. The Committee would also welcome any information on the implementation in practice of the amended discrimination provisions of the South Australia Equal Opportunity Act, including with respect to the exemptions permitted.

Discrimination on the basis of race, colour and social origin. Indigenous peoples. The Committee notes the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding discrimination against indigenous peoples through the Northern Territory Emergency Response (NTER), which included the suspension of the Racial Discrimination Act, 1975. The CERD points to resulting restrictions on the rights of indigenous to land, property, work and remedies and, while noting that the complete reinstatement of the Racial Discrimination Act is scheduled for December 2010, it remains concerned by the continuing difficulties in using the Act to challenge and provide remedies for racially discriminatory NTER measures (CERD/C/AUS/CO/15-17, 13 September 2010, paragraph 16). The CERD also points to activities, notably in the extractive sector, affecting indigenous peoples’ rights to land and livelihoods, as well as difficulties related to the Native Title Act for the recognition of traditional lands (paragraphs 13 and 18). The Committee asks the Government to provide information on measures taken or envisaged to ensure that indigenous peoples have access to land and resources to allow them to engage in their traditional occupations. Please also provide detailed information on the progress of reinstating the Racial Discrimination Act, and on concrete measures to address discrimination against indigenous peoples due to the NTER with respect to occupation, employment and access to remedies.

Parts III and IV of the report form. Supervision and enforcement. The Committee notes the Government’s indication that, pursuant to the Fair Work Act, Fair Work Australia is now responsible for overseeing the new workplace relations system, and has power to help employees and employers resolve discrimination disputes at the workplace. The Government notes further that the Fair Work Ombudsman promotes compliance with the legislation, and can engage Fair Work Inspectors who can, where necessary, take steps to enforce the Act through the court system. The Committee also notes that the recommendations of the Senate Standing Committee on Legal and Constitutional Affairs, referred to above, include proposals to increase the power of the Sex Discrimination Commissioner to monitor progress and investigate alleged breaches of the Sex Discrimination Act without requiring an individual complaint, as well as expanding the powers of the HREOC. The Committee also welcomes the detailed information provided by the Government regarding the relevant case law from New South Wales, Victoria, Queensland and South Australia, as well as details of complaints handled by the HREOC, and State Boards, Commissions and Tribunals of New South Wales and Queensland. Noting that, pursuant to section 539 of the Fair Work Act, among the non-discrimination provisions, section 351 is a civil remedy provision but sections 153 and 195 are not, the Committee requests the Government to indicate how violations of sections 153 and 195 are addressed, including the remedies and sanctions available. The Committee also asks the Government to provide information on the following:

(i)    any action taken by Fair Work Australia, the Fair Work Ombudsman, the Fair Work Inspectors and the courts in relation to the non-discrimination provisions of the Fair Work Act;

(ii)   any steps taken to implement the recommendations regarding increasing the powers of the Sex Discrimination Commissioner and the HREOC; and

(iii)  any further legal or administrative decisions or complaints addressed at the state level relevant to the implementation of the Convention.

Tasmania. Noting that no information has been provided in the Government’s report regarding the application of the Convention in Tasmania, the Committee asks the Government to ensure that such information is included in its next report.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes with interest the adoption of the Fair Work Act, 2009, which became fully operational in January 2010, substantially repealing the Workplace Relations Act, 1996. The Committee also notes the communication of the Australian Council of Trade Unions (ACTU), stating that the Fair Work Act contains significant improvements in protection from discrimination at work, and also noting the adoption of the Paid Parental Leave Act, 2010, which will provide Australia’s first statutory paid parental leave scheme as of 1 January 2011. The Committee notes in particular that one of the objectives of the Fair Work Act set out in section 3 is “assisting employees to balance their work and family responsibilities by providing for flexible working arrangements; and ... protecting against unfair treatment and discrimination ...”. Pursuant to section 134, an objective of the “modern awards” (legal instruments setting minimum terms and conditions for national system employees in particular industries or occupations) includes “the need to promote social inclusion through increased workforce participation ...”, and modern awards and enterprise agreements must not include terms that discriminate against an employee “because of, or for reasons including, the employee’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin” (sections 153(1), 194(a) and 195(1)). The Act further provides a general prohibition of an employer taking any “adverse action” against an employee or prospective employee on these same grounds (section 351). The Committee notes in this regard that all the prohibited grounds enumerated in Article 1(1)(a) of the Convention have been included, as well as a range of additional grounds, as foreseen in Article 1(1)(b), and provides improved protection for prospective employees from discrimination in access to employment, as well as covering aspects of employment and occupation beyond dismissal. The Committee asks the Government to provide information on the following points:

(i)    the implementation of the Fair Work Act and the Paid Parental Leave Act in practice, including any measurable impact with respect to promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in respect thereof;

(ii)   any legal or administrative decisions regarding the non-discrimination provisions of the Fair Work Act, including any determinations of what is not considered discrimination pursuant to sections 153(2), 195(2)
and 351(2);

(iii)  the progress of the States’ acceptance of the jurisdiction of the Fair Work Act.

Indigenous peoples. The Committee had raised concerns in its previous observation in relation to the education and employment opportunities of indigenous peoples, including the lack of sufficiently targeted measures to address inequality and discrimination, and the lack of appropriate mechanisms. The Committee notes with interest the Government’s expression of support in April 2009 for the United Nations Declaration on the Rights of Indigenous Peoples, as well as the national apology for past negative government policies issued on 13 February 2008 to indigenous peoples, and in particular to the Stolen Generations – the generations of indigenous peoples taken away from their families and communities. The Committee also notes with interest the wide range of initiatives at the federal and state levels that have been undertaken to address inequality and discrimination that have been experienced by indigenous peoples. The Committee notes in particular the National Indigenous Reform Agreement between the federal, state and territory governments of Australia (the Council of Australian Governments) of November 2008, committing all jurisdictions to achieve the “Closing the Gap” targets, to address disadvantage-facing indigenous peoples, one of the aims of which is to halve the gap in employment outcomes between indigenous and non-indigenous peoples within a decade. The Agreement refers specifically to the reformed Indigenous Employment Programme (IEP) which is to make employment and training services more responsive to the specific needs of indigenous jobseekers, indigenous businesses and employers. It also refers to the development of a Commonwealth Indigenous Economic Development Strategy (IEDS), with the aim of contributing to the achievement of long-term economic independence for indigenous Australians by promoting economic participation and wealth creation by indigenous communities and individuals, and through the strengthening of partnerships with the corporate sector. The Committee also notes that the Government refers to a new Community Support Programme. The Committee notes, however, the Government’s indication that, in 2008–09, Job Network members placed 23 per cent fewer indigenous jobseekers into jobs than in the previous year.

At the state level, the Committee notes in particular the following initiatives: in Victoria, the New Workforce Partnerships, the Indigenous Youth Employment Programme, the Wur-cum barra to increase indigenous employment across the public sector, and the Koori Business Network; and in Queensland – the Skilling Queenslanders for Work initiative, the Indigenous Economic Participation National Partnership with the aim of reforming government procurement, service delivery arrangements and increase public sector employment to improve indigenous participation in the labour market, the Department of Education and Training’s Aboriginal and Torres Strait Islander Employment Framework for Action 2007–10, and the Positive Dreaming Solid Futures – Indigenous Employment and Training Strategy 2008–11. Initiatives in South Australia include an updated Strategic Plan, which establishes targets to increase aboriginal workforce participation, and the South Australian Works initiative, delivering specific programmes aimed at improving employment and vocational training outcomes for aboriginal peoples; and in New South Wales (NSW), the strategy entitled “Making it our Business Improving Aboriginal Employment in NSW public sector” was being reviewed with a view to strengthening support in the recruitment, employment and development of aboriginal and Torres Strait islanders in the NSW public sector.

Welcoming the range of statements and initiatives at the federal and state levels that indicate a commitment to promoting and protecting the rights of indigenous peoples, including in education, employment and occupation, the Committee encourages the Government to continue its efforts in this regard. It also asks the Government to continue monitoring the impact of these measures, and to provide information on the role of indigenous peoples in developing and implementing these initiatives, and the actual outcomes achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes that the Age Discrimination Amendment Act, 2006, provides that certain laws and programmes are exempted from the scope of the Age Discrimination Act, 2004. The Committee requests the Government to provide information on which laws and programmes continue to be exempted from the Age Discrimination Act and the reason for such exemptions. The Committee also requests the Government to provide information on any measures taken to implement the recommendations of the Human Rights and Equal Opportunities Commission (HREOC) regarding age discrimination, including the need for community education about age discrimination legislation, and campaigns to discourage prejudicial stereotyping.

2. Equality of opportunity and treatment of men and women. The Committee previously noted the concerns of the HREOC regarding the impact of the amendments to the Workplace Relations Act (Work Choices Act), including on the ability of certain workers, in particular women, to balance paid work and family responsibilities. On the issue of reconciling work and family responsibilities, particularly for women, the Government states that the Act facilitates choices for families, rather than mandating a particular approach to family life, and that employers and employees can negotiate a family-friendly workplace agreement that is tailored to suit their individual needs. Noting the Government’s reliance on individual bargaining to address the needs of workers with family responsibilities, in particular women, the Committee is concerned that there is often an imbalance of bargaining power that may negatively impact on women’s employment opportunities, and asks the Government to examine the practical impact of the Work Choices Act in this regard and keep the Committee informed of the findings.

3. The Committee notes from the information provided by the Government that while women still account for a low percentage of executive managers (12 per cent), the numbers are increasing. With respect to board directors and chief executive officers, the proportion of women has not changed in recent years (8.7 per cent and 3 per cent respectively), though women’s representation at senior levels of the public sector continues to rise (34.8 per cent). The Committee asks the Government to provide information on measures taken to improve women’s access to employment, in particular to management level positions, in the private sector, including the practical impact of the Women’s Leadership and Development Programme. Noting the concerns raised by the Committee on the Elimination of Discrimination against Women regarding discrimination in education and employment of immigrant, refugee and minority women based on their ethnic background (CEDAW/C/AUL/CO/5), the Committee requests the Government to provide  information on any measures taken in this regard.

4. National machinery to promote equality. The Committee requests the Government to provide information on the nature of the complaints brought before the HREOC, and to continue to keep the Committee informed of any further developments in reforming the HREOC.

5. Dispute resolution mechanisms. With respect to the Work Choices Act, the Committee previously noted the concerns of the HREOC regarding the effect of the reforms on dispute resolution mechanisms addressing discrimination. The Government states in this regard that since the adoption of the Act, there has been an increase in applications involving unlawful termination of employment filed in the Federal Court. The Committee requests the Government to provide information not only on the number of applications before the Federal Court for unfair termination on discriminatory grounds, but also regarding the outcome of such cases. The Committee also requests information regarding the accessibility, in terms of cost, time, location, etc., of the Federal Court processes for unfair termination, and other discrimination cases, as compared with what was previously available through the anti-discrimination agencies.

States and territories

6. New South Wales. The Committee notes the various initiatives to improve employment opportunities for women, including through skills training courses, the Young Women’s Leadership Project, Lucy Mentoring Programme, and the Women’s Employment Rights Project. The Committee notes in particular that the Public Sector Workforce Office is developing a Women’s Employment and Development Strategy for the public sector. Other initiatives are aimed at increasing the participation of indigenous peoples in the workforce, and providing training and awareness-raising for people from culturally and linguistically diverse communities. Noting the various initiatives that are planned or ongoing, the Committee would welcome information on the practical impact of these initiatives on the employment of women, indigenous peoples, and people from culturally and linguistically diverse communities, including the increase in the number of members of these groups in public and private sector employment, including in management and senior positions. The Committee also requests the Government to provide information on the number of women undertaking skills training, and in which subjects. The Committee looks forward to receiving a copy of the Women’s Employment and Development Strategy once it has been adopted.

7. Northern Territory. The Committee notes the initiatives taken to assist employment-disadvantaged people and indigenous Territorians. The Committee requests the Government to continue to provide information on the initiatives to assist employment-disadvantaged people, and the outcome of these programmes, as well as information on the impact of the targeted training programmes for indigenous Territorians. Noting that the Anti-Discrimination Commission has proposed that the Public Sector Employment and Management Act be amended to allow special measures in employment, the Committee asks to be kept informed of any developments in this regard.

8. Queensland. The Committee notes that the Indigenous Employment and Training Directorate has been abolished, with Queensland now participating in policy setting for the national training system. The Committee also notes the adoption of the Disability Services Act, 2006, the Queensland Skills Plan, and the Multicultural Employment Strategy. The Committee requests the Government to provide further information on the impact of the abolition of the Indigenous Employment and Training Directorate, in particular with respect to addressing the specific training and employment needs and aspirations of indigenous Australians. Please also continue to keep the Committee informed of the various initiatives aimed at improving training and employment opportunities of disadvantaged groups, and the outcome of these initiatives.

9. South Australia. The Committee notes that amendments to the Equal Opportunity Act have not yet been adopted. The Committee also notes further the report of the Equal Opportunity Commission 2005–06, highlighting the initiatives taken by the Commission to address discrimination and promote equality. The Committee notes in particular the Commission’s concern regarding increased discrimination against local Muslims. The Committee requests the Government to keep it informed of the status of the amendments to the Equal Opportunities Act, as well as the impact of the recent amendments to the Fair Work Act. Please also keep the Committee apprised of measures taken or envisaged to address discrimination in employment and occupation against Muslims.

10. Victoria. The Committee notes the adoption of the Charter of Human Rights and Responsibilities Act, 2006, the Justice Legislation (Further Amendment) Act, 2006, and the Equal Opportunity Amendment Act, 2007. The Committee also notes the various programmes under way, including the Parents Returning to Work Programme, Vocational Training for Clothing Outworkers, Wur-cum barra Victoria Public Service Indigenous Employment Strategy, as well as the establishment of the Office of the Workplace Rights Advocate. The Committee requests the Government to provide information regarding the impact of the new legislation and programmes, and to provide further information regarding the activities of the Office of the Workplace Rights Advocate in promoting equality in employment and occupation.

11. Western Australia. The Committee notes that the Substantive Equality Unit within the Equal Opportunities Commission provides support for the implementation of the Policy Framework for Substantive Equality, aimed at addressing systematic racism. The Committee requests the Government to provide more detailed information on the Policy Framework for Substantive Equality, including practical measures taken to address racism and the outcome of such measures. Noting the Government’s indication that the Equal Opportunity Tribunal appears to have been abolished, the Committee requests the Government to provide more information on the dispute resolution processes now in place to address discrimination issues.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. In response to the Committee’s previous observation regarding the impact of reforms concerning structures and programmes for indigenous peoples, with respect to promoting equal access to education, training and employment, the Government indicates that the unemployment rate of indigenous peoples has decreased from 16.5 per cent in 2005 to 14.3 per cent in 2006. The Government refers to plans to prioritize indigenous education and underlines the impact of the Community Development Employment Projects (CDEP), resulting in 1,575 jobs in 2004–05 and increasing to 5,770 jobs in 2006–07. The Committee also notes the Structured Training and Employment Project (STEP), the Employment Related Services (ERS), as well as job placements by Job Network members, and the National Strategy for Vocational Education and Training. The Government states that many of the reforms were designed to increase indigenous economic independence by reducing dependency on passive welfare through stimulating employment and economic development opportunities for indigenous peoples.

2. The Committee also notes the concerns raised in this respect by the Human Rights and Equal Opportunity Commission (HREOC) in the 2006 Social Justice Report, including concerns regarding the complexity of the new arrangements, the lack of sufficiently targeted measures to address the existing level of inequality and discrimination experienced by indigenous peoples, and the lack of mechanisms for engagement with indigenous peoples. The HREOC also notes that the Government has indicated that in future, 7,000 workers will lose their CDEP wage and that the indigenous employment centres will be abolished. The HREOC has made a number of recommendations, including that an inquiry be conducted aimed at, among other things, identifying the following: (i) progress in addressing existing inequalities in indigenous peoples’ access to mainstream services; (ii) progress in ensuring that processes are sufficiently targeted; (iii) effective, sustainable and representative mechanisms for the participation of indigenous peoples; and (iv) the adequacy of performance, monitoring and evaluation mechanisms for the new arrangements. In addition, the Committee on the Elimination of Discrimination against Women, has expressed concern about the ongoing inequalities suffered by Aboriginal and Torres Strait Islander women “whose enjoyment of human rights remains unsatisfactory in many areas, particularly with regard to employment, education …”; it recommended that targeted measures be adopted and that measures be taken to increase their access and awareness of the availability of targeted social services in all sectors (CEDAW/C/AUL/CO/5, 3 February 2006, paragraphs 30–31).

3. Noting that the Government is moving away from a system of special measures regarding education and employment of indigenous peoples, to bring them closer to “mainstream” services, the Committee recalls the importance of special measures in ensuring real equality of opportunity and treatment in practice, taking into account the diversity of situations of certain persons so as to prevent discriminatory practices (Equality in employment and occupation, Special Survey, 1996, paragraph 135). In this context, the Committee asks the Government to provide information on the steps taken to implement the recommendations set out in the Social Justice Report as they relate to education and employment opportunities of indigenous peoples. The Committee also requests the Government to provide further information on the reforms undertaken and envisaged, including their practical impact on education, training and employment of indigenous Australians, both women and men, including statistics disaggregated by sex.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed information in the Government’s report and asks the Government to provide information on the following points.

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Age Discrimination Act, 2004, prohibiting direct and indirect discrimination on the basis of age in the areas of work and education. It further notes with interest the adoption of the amendments to the Sex Discrimination Act whereby the Government explicitly recognized breastfeeding as a potential ground of discrimination and makes it unlawful to ask women for information about actual or potential pregnancy. Please provide information on the impact of these new legal measures in the promotion of equal opportunity and treatment in employment and occupation, including relevant case law on these same matters.

2. National machinery to promote equality. The Committee notes from the Government’s report that the Australian Human Rights Commission Legislation Bill, 2003, lapsed and that there is currently no legislation before the Parliament dealing with the Commission’s restructuring. Given the Government’s indication that it remains committed to pursuing legislative reform with respect to the structure of the Commission, the Committee reminds the Government of its hope that the Commission’s ability to act as an independent and effective actor in the enforcement of legal provisions on non-discrimination and equality in employment and occupation will be maintained. The Committee asks the Government to keep it informed of any developments in this regard.

3. The Committee understands that the Government’s new workplace reforms package, WorkChoices, took effect in March 2006. Among the many changes resulting from these reforms, the Government amended the Workplace Relations Act to exempt businesses employing up to 100 employees from unfair dismissal laws. The Government indicates that despite this amendment, it continues to protect all employees by providing a remedy for unlawful termination, which prohibits dismissal on discriminatory grounds. The Committee notes that in its submission on this matter to the Senate in 2005, the Human Rights and Equal Opportunity Commission (HREOC) voiced concerns that, in the absence of alternative remedies for unfair dismissal, many employees would be likely to pursue complaints with state and federal anti-discrimination agencies, placing significant pressure on existing complaints mechanisms both at the state and federal levels. In addition, the HREOC was concerned that the WorkChoices reforms, particularly the move towards individual bargaining agreements, posed a risk to the ability of certain workers, women in particular, to balance their paid work and family responsibilities. The Committee asks the Government to include detailed information, in its next report, on the impact of its WorkChoices reforms on existing discrimination dispute mechanisms, as well as on how these reforms impact on workers’ with family responsibilities.

4. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the communication from the Australian Council of Trade Unions (ACTU) indicating that, despite the increased participation of women in the labour market, women workers with family responsibilities often take casual jobs which pay less, lack job security and offer fewer career development opportunities. The ACTU further points out that women workers continue to be under-represented in senior posts in both the private and public sectors. The figures provided by the Government confirm this assessment showing that, in 2004, women accounted for only 10.2 per cent of executive managers and only 8.6 per cent of board directors, whereas, in the public sector, the percentage of women in senior positions was higher at 31.6 per cent. The Committee asks the Government to continue to provide information on the progress made in improving the employment situation of women, particularly with regard to access of women to management-level positions in the private and public sectors. In this regard, please also provide information on the implementation and outcomes of the Women’s Leadership and Development Programme. The Committee is addressing other matters raised in the ACTU’s comments on Convention No. 111 under the Workers with Family Responsibilities Convention, 1981 (No. 156).

5. States and territories. New South Wales. The Committee notes the amendments made in 2004 to the Anti-Discrimination Act regarding the handling of complaints, standards on disability discrimination as well as provisions relating to the preparation of codes of practice. It further notes the creation of the Office for Women in the NSW Premier’s Department and the Government’s Action Plan for Women (2003-05) along with the results achieved in promoting employment in the public sector among women, indigenous peoples and immigrants from non-English-speaking backgrounds. The Government is invited to continue providing information on the measures taken and results achieved in applying the principles of the Convention, particularly with respect to its efforts to increase the number of women employed in both the public and private sectors on boards and in management positions. Please also include information on the improvement of employment opportunities for indigenous peoples and non-English-speaking migrants in New South Wales.

6. Queensland. The Committee notes the numerous training and employment initiatives with respect to disabled persons, indigenous peoples, migrants and people from non-English-speaking backgrounds. With respect to Indigenous Queenslanders, it notes the creation of an indigenous unit within the Anti-Discrimination Commission along with the newly-established Indigenous Employment and Training Directorate to help improve the employment and training prospects for Aboriginal and Torres Strait people. Please continue to provide information on the outcomes of these initiatives and on the work of the new bodies in promoting equality of opportunity and treatment in employment and occupation.

7. Western Australia. The Committee notes that the Western Australian Equal Opportunity Commission continues to undertake a range of promotional activities and initiatives to raise awareness and address issues of racial discrimination and harassment. The Committee invites the Government to provide information in its next report on the concrete measures taken to apply the Convention along with their practical outcomes.

8. South Australia. The Committee notes that proposals to amend the Fair Work Act were released for public consultation in 2003 including plans for expanded protection of people with disabilities, greater protection against sexual harassment and the provision of conciliation services for people who are the victims of racial and other vilification. The Government is asked to provide information on the follow-up to these proposals. Please also continue to provide information on how the principles of the Convention are applied in law and in practice in South Australia.

9. Northern Territory. Recalling its previous comments on the amendments to the Anti-Discrimination Act, the Committee notes from the Government’s report that section 105 of the Act concerning vicarious liability has not yet been challenged in any hearings before the Commissioner nor appealed to the Local Court since its adoption. The Committee notes with interest the strategies implemented by the Office of the Commissioner for Public Employment to promote work opportunities among indigenous peoples, women and people with disabilities in the Northern Territory Public Sector. The Committee invites the Government to include information in its next report on the practical outcomes of these programmes and to detail its efforts to combat discrimination and promote employment for disadvantaged groups in both the private and public sectors.

10. Victoria. The Committee welcomes the inclusion in the Government’s report of information from the state and territory jurisdictions. It notes, however, that for the last two reporting periods, there has been no information on the application of the Convention for the State of Victoria. The Committee therefore asks the Government to include information on the State of Victoria in its next report to assist the Committee in gaining a full appreciation of the manner in which the Convention is applied.

11. Queensland and the Northern Territory. The Committee notes the information in the Government’s report with respect to the training provided to prisoners in Queensland and the Northern Territory with a view to promoting access to employment upon release. Noting that this matter relates to responsibilities of the state and territory jurisdictions, the Committee would appreciate if the Government would include similar information in its next report on the initiatives taken in the remaining jurisdictions.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Recalling its previous comments on the disproportionately high unemployment rate of indigenous Australians compared with the non-indigenous population, the Committee notes from the Government’s report that more indigenous jobseekers benefit from Australia’s mainstream employment services (Job Network) than from all the programmes tailored to indigenous peoples combined under the Indigenous Employment Policy. In this context, the Committee notes from the Social Justice Report, 2005, that the Government abolished the Aboriginal and Torres Strait Islander Commission (ATSIC) and transferred responsibility over policy-making and programme delivery to existing government departments and agencies. It notes in this regard the concerns expressed by the Committee on the Elimination of Racial Discrimination (CERD/C/AUS/CO/14 of 14 April 2005)  that the abolition of ATSIC will reduce the participation of indigenous peoples in decision-making and alter the Government’s capacity to address the full range of issues relating to indigenous peoples. The Committee, therefore, asks the Government to provide further details on the impact of this reform with respect to promoting equal access to education, training and employment of indigenous Australians. It further asks the Government to continue providing statistics on employment rates for indigenous peoples to allow the Committee to measure progress in this regard. Please also keep the Committee informed of the deliberations and outcome of the ongoing inquiry into indigenous employment by the Standing Committee on Aboriginal and Torres Strait Islander Affairs.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the attached documentation and asks the Government to provide information on the following points.

1. The Committee recalls that the Human Rights Legislation Amendment Act (No. 1), 1999 (HRLAA), removed the public hearing function of the Human Rights and Equal Opportunity Commission (HREOC), while providing access to the federal court system in cases before the HREOC in which conciliation failed or was terminated for other reasons. In this respect, the Committee notes the findings of a review undertaken by HREOC of the operation of the HRLAA during 2001. The HREOC found that, during the period examined, there was no decrease in the number of complaints lodged under federal discrimination law and that a significant number of complainants used the access to the federal court system, while the percentage of complaints that were conciliated increased. The Committee also notes that, according to the Government, the decisions of the Federal Court and the Federal Magistrate Service under the Racial Discrimination Act and the Sex Discrimination Act between September 2000 and September 2003 had so far been consistent with the principles developed by the HREOC. The Committee requests the Government to continue to provide information on the functioning of the national human rights and equality machinery, including the number, nature and outcomes of cases brought before the HREOC and the courts under federal anti-discrimination legislation.

2. The Committee thanks the Government for the detailed information provided in reply to the 2002 general observation on the issue of sexual harassment, including indications concerning the relevant case law. The Committee would appreciate continuing to receive information on new developments on this issue, including the results of the research currently undertaken by the Australian Industrial Relations Commission and the revised code of practice when it is finalized.

3. The Committee notes the information contained in the Government’s report on the status of women in the labour force. It notes that 52 per cent of all new jobs created between 1996 and 2003 were occupied by women and that the labour force participation rate of women was 67.5 per cent in March 2003. However, women are still underrepresented among those holding senior posts in the private sector and the Australian Public Service. The Committee requests the Government to continue to provide similar information in its next report, including statistical information. Emphasizing the need to take into consideration the effects of multiple forms of discrimination, the Committee also requests the Government to provide statistical information on the employment situation of indigenous women and women of immigrant background.

4. With reference to its previous comments, the Committee notes the detailed information provided on the activities of the Equal Opportunity for Women in the Workplace Agency (EOWA). It notes that 2,644 organizations reported to the Agency in 2001-02 out of which 74 per cent had finalized their equal opportunity assessments. Of these reports 92 per cent were considered to be in compliance with the Equal Opportunity for Women in the Workplace Act, 1999 (EOWWA), and 3 per cent of the organizations were waived from reporting for the next three years. The number of non-compliant organizations was 29 in 2001 and 24 in 2003. The Government is requested to continue to provide information on the operation of the EOWWA and the activities of the EOWA, including copies of its annual reports, and their impact on women’s equality in the workplaces covered. Please also indicate in which ways the EOWA cooperates with workers’ organizations.

5. The Committee notes that the Government is currently considering the proposals made by the Sex Discrimination Commissioner in her report entitled "A time to value: Proposal for a paid maternity leave scheme" and that the Prime Minister has established an interdepartmental taskforce on work and family to review options to facilitate the choice of parents in balancing their work and family lives. The Committee also notes that a Bill to amend the Sex Discrimination Act to clarify the prohibition of pregnancy discrimination was introduced to the federal Parliament in June 2003. Please keep the Committee informed of these initiatives, including results and follow-up measures.

6. Recalling its comments concerning the high number of indigenous Australians who come before the criminal justice and penal systems, the Committee notes the information provided by the Government outlining the assistance available to indigenous offenders upon release under the Indigenous Employment Policy. The Committee requests the Government to indicate the kind of training provided during imprisonment with a view to promoting access to employment upon release.

7. In respect to the absence of a statutory right to an interpreter in federal tribunals and the Committee’s concern that this situation may affect complaints made by Aboriginal and Torres Strait Islander people and people of non-English-speaking background, the Committee notes the Government’s statement that the introduction of such a right is currently not under consideration. Noting the Government’s indication that the federal courts provide interpreter services for litigants where they do not have the financial means to purchase the service and that the federal tribunals provide free interpreters for applicants as required, the Committee requests the Government to indicate the percentage of cases in which interpreters have been provided to Aboriginal and Torres Strait Islander people and people of non-English-speaking background in proceedings in federal courts and tribunals.

8. States and territories. (a) New South Wales. The Committee notes with interest the progress made in reaching the Government’s target for the employment of indigenous Australians and women in the public sector. With regard to discrimination on the basis of national extraction, the Committee notes with interest the action research project to assist job applicants of immigrant background to effectively present their skills and experience when applying for positions requiring their generic skills. Please keep the Committee informed of the results of this project and of any other measures taken to further promote the application of the Convention.

(b) Queensland. The Committee notes that the Anti-Discrimination Act, 1991, was amended in 2002 to include breast-feeding as a prohibited ground of discrimination. It also notes that the next national vocational education and training strategy (2004-10) will include improving outcomes for indigenous Australians as a key focus. Please continue to provide information on the concrete measures taken to apply the Convention.

(c) Western Australia. Recalling it previous comments, the Committee notes the Government’s indication that the growing number of complaints of race discrimination in Western Australia may be attributed to the greater general awareness of the Equal Opportunity Act, 1984. Complaints of race discrimination or racial harassment have increased from 125 in 2000-01 to 175 in 2001-02. The Committee is looking forward to receiving further information on the various measures taken to promote equality of opportunity and treatment in employment and occupation.

(d) South Australia. The Committee notes that the review of the South Australian Industrial Relations System undertaken in 2002 recommended that the South Australian Industrial Relations Commission be required to apply the principles of the Workers with Family Responsibilities Convention, 1981 (No. 156), when exercising its powers and that the current industrial relations system does not necessarily effectively address the specific needs of different groups in the workforce, including people from non-English-speaking and indigenous backgrounds, women and people with disabilities. The Committee would appreciate receiving information on the follow-up measures taken to the review’s recommendations. Noting that the review did not recommend the incorporation of Convention No. 111 into the Industrial and Employee Relations Act due to a number of reasons, including the Convention’s age and that it does cover certain grounds of discrimination, the Committee draws attention to the fact that Convention No. 111 has not only been considered as up to date by the Governing Body of the ILO, but is also one of the ILO’s fundamental human rights Conventions. The Committee also points to Article 1(1)(b) of the Convention which provides that any additional ground may be declared, as has been done at the federal level.

(e) Northern Territory. Noting that the Anti-Discrimination Act was amended in 2001 to provide for a definition and limits of vicarious liability of employers and principals for acts of their workers and agents, the Committee requests the Government to provide information on the application of this amendment. Please continue to provide information on the various policies and programmes implemented by the office of the Commissioner for Public Employment to promote the Convention’s application, including in respect to women and Aboriginal and Torres Strait Islander people.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. Recalling its previous comments concerning the draft Human Rights Legislation Amendment Act No. 2, the Committee notes that this Bill was superseded by the draft Australian Human Rights Commission Legislation Act, 2003, which is currently before the Senate. The new Bill makes education and information dissemination the priority function of the existing Human Rights and Equal Opportunities Commission (HREOC), which will be renamed the Australian Human Rights Commission. According to the Government, the existing powers of the HREOC to investigate and conciliate complaints will be retained. However, the Committee notes that the future Australian Human Rights Commission would no longer have the power to recommend payment of damages or compensation and that this is being considered by the current HREOC as a limitation of its inquiry powers. The future Commission would also no longer have the right to intervene in court proceedings involving human rights and discrimination issues, except with the consent of the Attorney-General. With reference to its previous comments, the Committee further notes that the new Bill replaces the current five portfolio-specific commissioners, including the Aboriginal and Torres Strait Islander Social Justice Commissioner, with three generic human rights commissioners. Aware of the ongoing debate in Australia on these changes, the Committee hopes that the Commission’s ability to act as an independent and effective actor in the enforcement of legal provisions on non-discrimination and equality in employment and occupation will be maintained, and asks the Government to provide information on the contents and status of this legislative initiative.

2. The Committee remains concerned over the disproportionately high unemployment rate of indigenous Australians. It notes from the Government’s report and data released by the Australian Bureau of Statistics that there were 410,003 people (2.2 per cent of the total population) in Australia who are identified as being of indigenous origin in the 2001 census, which represents an increase of 54.5 per cent since the 1991 census. According to the 2001 census, the unemployment rate among persons of indigenous origin was 20 per cent (men 21.8 per cent and women 17.6 per cent), while the rate for non-indigenous persons was 7.2 per cent. In this context, the Committee notes the information provided by the Government on the policies adopted and measures taken to promote employment of indigenous Australians. According to the Government, a total of 8,612 indigenous persons were placed in employment in 2002-03 through programmes under the Indigenous Employment Policy and that only approximately 57 per cent of the persons placed were still in employment three months after assistance ceased. The Committee requests the Government to continue to provide detailed information on the implementation and impact of the measures taken to promote equal access to education, training and employment of indigenous Australians, with a view to eliminating discrimination and in particular measures to retain indigenous Australians in employment.

The Committee is raising other points in a direct request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the many documents attached.

1. As regards the National Advisory Committee on Discrimination in Employment and Occupation (NACDEO) which was created to report to the Attorney-General on Australia’s compliance with the present Convention and to advise the Commission, the Committee notes with regret that the Human Rights Legislation Amendment Bill (No. 2) 1999, which is currently awaiting debate by the Senate, would repeal section 17 of the HREOA which provides for the establishment of advisory committees. Noting the Government’s statement that with submitting a draft national policy on equality of opportunity and treatment in employment and occupation to the Attorney-General NACDEO has completed its work, the Committee hopes the national policy will be adopted soon and asks the Government to keep it informed in this respect. As the Committee understands that the functions of NACDEO would be performed by the Human Rights and Equal Opportunity Commission, the Government is asked to provide information on its activities to promote the observance of the Convention.

2. The Committee notes the information contained in the Government’s report on measures taken to assist employees to balance their work and family responsibilities and to counter employment discrimination on the basis of pregnancy. In respect to the latter issue, the Committee notes with interest the Pregnancy Guidelines issued by the Human Rights and Equal Opportunities Commission, containing information to assist employers complying with their obligations as well as improving productivity and efficiency. The Government is asked to continue to provide information on measures taken to ensure gender equality, such as the Return to Work Programme and the Community Support Programme, and their impact on equal access of women to training, employment, and terms and conditions of employment. Please also continue to provide information on the employment-related activities of the Office of the Status of Women and up-to-date statistical data on the position of women in the labour market.

3. The Committee notes with interest that the Human Rights and Equal Opportunity Commission has engaged in extensive national consultations on employers’ responsibilities to avoid discrimination on the ground of religion and notes the information paper published by the Commission on this issue. It also notes the proposal by the Commission for a Religious Freedom Act which, inter alia, would make discrimination on the basis of religion in employment and occupation unlawful. The Committee would be grateful to continue to receive information on measures taken or envisaged by the Government with a view to eliminating religious discrimination in employment and occupation.

4. The Committee notes that in 1999-2000, there were 143 complaints before the Human Rights and Equal Opportunity Commission under the Racial Discrimination Act, 1975 and the examples of cases referred to in the Government’s report. Please continue to provide information on measures taken to combat racism in employment, including in the context of the national follow-up to the Durban World Conference against Racism (2001), and on any relevant judicial or administrative decisions.

5. Recalling its previous comments on the level of access, participation and outcomes enjoyed by indigenous Australians, the Committee notes that the National Aboriginal and Torres Strait Islander Education Policy (AEP) has been replaced by the Indigenous Education Strategic Initiatives Programmeme (IESIP). The Committee would be grateful if the Government could provide detailed information about the new policy, its implementation and results achieved so far.

6. Recalling its previous comments concerning the absence of a statutory right to an interpreter in federal tribunals and how this situation may affect complaints made by Aboriginal and Torres Strait Islander people and people of non-English-speaking background under the Racial Discrimination and Work Relations Act, the Committee notes that the Government’s statement that in the Commonwealth’s view the ongoing funding of indigenous interpreter services is a matter for the states and territories. The Committee recalls that its request concerned the situation in federal tribunals under Commonwealth legislation. It reiterates its request to the Government to consider a statutory right to an interpreter in these tribunals, and asks the Government to provide information on measures taken to that end.

7. New South Wales. With reference to its previous comments, the Committee notes with interest that Part 4 (Parental Leave), of the Industrial Relations Act was amended in 2000 to extend parental leave to long-term casual workers who have been employed with their employer over 24 months and that an amendment to the Anti-Discrimination Act, which prohibits discrimination on the grounds of responsibilities as a carer, came into effect on 1 March 2001. Noting that the Government is currently examining a report launched by the Law Reform Commission in December 1999 proposing additional changes to the Anti-Discrimination Act, the Committee asks the Government to keep it informed on any developments in this respect. Noting the information on the participation of identified groups, including Aboriginal and Torres Strait Islander people, women, disabled persons and people whose first language is other than English in the public sector and the various measures taken to promote their equality, the Committee is looking forward to receive similar information in the future. Please also provide a copy of the guidelines on identifying and eliminating discrimination in industrial instruments published by the Anti-Discrimination Board and the Department of Industrial Instruments.

8. Queensland. The Committee notes with interest the amendment to the Anti-Discrimination Act, 1991 extending its application to acts done on ships "connected to Queensland" and to subcontract type arrangements, as well as introducing provisions on racial and religious vilification. The Government is requested to provide information on the application of these changes in practice. Please also continue to provide information on the activities and decisions relating to equality and non-discrimination in employment of the Anti-Discrimination Commission Queensland under the Anti-Discrimination Act and the Industrial Relations Act.

9. Western Australia. With reference to its previous direct request, the Committee notes that the Government attributes the growing number of complaints of race discrimination to the greater awareness of the Equal Opportunity Act and work of the Western Australian Equal Opportunity Commission. The Committee notes that the number of complaints concerning racial discrimination and racial harassment continued to increase between 1999 and 2001. Noting the various promotional activities of the Commission, including assistance provided to indigenous people to lodge complaints, the Government is encouraged to provide similar information in the future.

10. South Australia. The Committee requests the Government to continue to provide information on the implementation of the South Australian Wages Parity Enterprise Agreement 1999 and on whether similar agreements exist in the private sector.

11. Northern Territory. The Committee notes that section 57 of the Northern Territory Anti-Discrimination Act provides that a person may discriminate against another person in a programme, plan or arrangement designed to promote equality of opportunity for a group of people who are disadvantaged or have a special need because of an attribute until equality of opportunity has been achieved. With reference to section 59 of the Act which provides that the Anti-Discrimination Commissioner may permit certain discriminatory conduct to redress the effect of past discrimination, the Committee notes that the Commissioner has received a small number of requests concerning programmes to promote equality of indigenous people and women in employment and occupation under section 59, but declined them, taking the view that the programmes in question in fact were special measures within the terms of section 57. The Government is asked to continue to provide information on the implementation of programmes promoting employment equality of women and aboriginal employees and the practical effects of these programmes.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. With reference to its previous comments expressing concern about certain measures taken or announced by the Government which, in the Committee’s view, may have an impact on the role and functioning of the national human rights and equality policy and machinery, the Committee notes the Government’s statement that the reduction in funding for the Human Rights and Equal Opportunities Commission did not reflect any lack of commitment to human rights, but primarily was a consequence of the High Court’s decision in Brady v. Human Rights and Equal Opportunities Commission. This decision led to the transfer of the Commission’s hearing functions to the Federal Court and the Federal Magistrates Service under the Human Rights Legislation Amendment Act 1999 (HRLAA), which came into effect on 13 April 2000. As a result, the Commission is no longer able to determine complaints alleging unlawful discrimination under the Racial Discrimination Act, the Sex Discrimination Act, and the Disability Discrimination Act, but only to engage in conciliation. Matters that cannot be conciliated or terminated for other reasons in the course of Commission proceedings can now be brought before the Federal Court or the Federal Magistrates Service for an enforceable decision. Noting from the Government’s report that there has been no significant change in the number of complaints received by the Commission following the transfer of the hearing function, the Committee requests the Government to continue to provide information on the functioning of the arrangements introduced by the HRLAA, including the number and nature of cases concerning discrimination in employment and occupation brought before the Commission and the Federal Court or the Federal Magistrates Service respectively, and their outcomes.

2. The Committee also notes that the HRLAA centralizes the statutory powers to handle complaints in the office of the Commission’s President and that the Human Rights Legislation Amendment Bill (No. 2) 1999, which is currently awaiting debate by the Senate, would make education and dissemination of information on human rights the central functions of the Commission. Hoping that the Commission’s capacity to investigate and conciliate complaints will be maintained to the fullest extent, the Committee asks the Government to keep it informed of the status of this legislative initiative and to provide a text of the Bill as soon as it is adopted.

3. As regards the situation concerning equality of women in employment, the Committee notes that, as announced previously by the Government, the Affirmative Action (Equal Opportunity for Women) Act, 1996 was replaced by the Equal Opportunity for Women in the Workplace Act, 1999. Under the new legislation, the Affirmative Action Agency has been renamed the Equal Opportunity for Women in the Workplace Agency, which, inter alia, is charged with advising and assisting employers in the development and implementation of workplace equal opportunities programmes, issuing guidelines to employers, and undertaking research and promotional activities. The Committee also notes that the approximately 3,000 employers covered by the Act are required to report annually to the Agency on the implementation and effectiveness of their workplace equality programmes. With reference to Article 3, paragraph (a), of the Convention, the Committee notes that the requirement of consulting with each trade union having members affected by a proposed workplace programme has been replaced by a general consultation requirement according to which the employer must consult with its employees or their nominated representatives. If the Agency is satisfied that an employer has taken all reasonably practicable measures to address the issues relating to employment matters that affect equal opportunities for women, it may waive the employer’s obligation to report for a specified period. The Committee notes the Government’s statement that while emphasis on facilitation has increased under the new legislation, the sanctions of "naming" and "contract compliance" are maintained as a last resort against non-complying employers. The Committee asks the Government to provide information on the activities of the Equal Opportunity for Women in the Workplace Agency, including its reports under section 12 of the Act, and its practice concerning waiving reporting requirements and imposing sanctions. Noting that the requirements for the content of workplace programmes and the employers’ reports set out in the new Act are very broad, the Committee would be grateful to receive information on trends concerning the content of these programmes and reports, as well as on the overall impact of the Act on women’s equality in the workplaces covered.

4. Recalling its comments on the adverse situation of indigenous women and migrant women, the Committee notes from the Government’s report that the participation in employment of women born in other than the main English-speaking countries was at 44.4 per cent in 2001, compared to 60 per cent in respect to Australian-born women. According to the Government, more recently arrived migrants, including women, have had a more positive experience in the Australian labour force than those arriving in earlier periods. The Committee notes that as of February 2000 the labour force participation rate of indigenous women (42.6 per cent) remains considerably lower than for non-indigenous women (54.8 per cent). It requests the Government to continue to provide information on measures taken to ensure equality of indigenous and migrant women in the labour market, including any follow-up measures on the regional consultations held by the Government on issues of concern to migrant and refugee women during 2001.

5. Further to its previous comments on the disproportionately high unemployment of indigenous Australians, the Committee notes from the Government’s report that in May 1999 the Commonwealth Government launched the Indigenous Employment Policy (IEP) which complements mainstream employment services and the activities under the Community Development Employment Projects (CDEPs). The Committee notes that the IEP is focused on the private sector, taking into consideration indications that the employment situation of indigenous Australians is set to worsen over the next decade (indigenous population is expected to increase at double the rate of the general population) and that currently around 70 per cent of all indigenous employment is reliant on some form of public funding. The Committee notes that in August 2000 the Government received a report on welfare reform that, inter alia, underlined the need for innovative approaches to employment service delivery for indigenous peoples that are culturally appropriate and can be adapted to local circumstances. An Indigenous Community Capacity Roundtable was held in October 2000 upon the request of the Prime Minister, and in November 2000 the Council of Australian Governments announced a framework for advancing reconciliation between indigenous and non-indigenous Australians. The Committee notes that the outcomes of these initiatives were taken into account in the development of new initiatives in the area of indigenous employment announced under the 2001 budget. The Committee requests the Government to provide information on implementation and impact of the various programmes and projects to promote equal access to education, training and employment of indigenous Australians, including up-to-date statistical information.

6. The Committee notes with concern that the HRLAA abolishes the portfolio-specific commissioners of the Human Rights and Equal Opportunity Commission, including the Aboriginal and Torres Strait Islander Social Justice Commissioner. According to the Government this measure is aimed at addressing the perception that the Commission is "too focused on protecting those sections of the community for whom a specific commissioner exists". In light of the continuing inequalities in respect to the access to employment of indigenous Australians, the Committee hopes this development will not reduce the level of protection against discrimination of indigenous peoples.

7. The Committee notes that the Government did not reply to its previous comments concerning the high representation of indigenous Australians in the criminal justice and penal systems, which, in the Committee’s view, may negatively impact on their prospects for employment. The Committee reiterates its concerns over this issue and hopes that the Government will provide information on measures taken to address this problem, including measures to reintegrate indigenous offenders into society through education, training and employment.

The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes that the National Advisory Committee was established by the Attorney-General under the Human Rights and Equal Opportunity Commission Act 1986. The functions of the National Advisory Committee include assisting in the development of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, as required by Article 2 of the Convention. The Committee notes that most recently, under Human Rights Legislation Amendment Bill No. 2, it has been proposed that the National Advisory Committee be abolished. Please indicate whether the National Advisory Committee has been abolished and, if so, if there is a mechanism to replace it or carry out its functions.

2.  The Committee further notes that the Human Rights Legislation Amendment Bill 1999, aims, inter alia, at embodying a legislative response to the High Court’s decision in Brandy v. Human Rights and Equal Opportunity Commission, which found that the Commission did not have the constitutional power to final determination of disputes. The Bill would centralize complaint investigation and conciliation in the Office of the President, and would transfer the hearing of unsuccessful conciliated complaints to the Federal Court for a binding and enforceable decision. The Committee recalls that in its previous comments it requested copies of the finalized code of practice; information on its dissemination and impact; and copies of the text of the Human Rights Amendment Bill, once adopted.

3.  The Committee notes that the third State of the Nation report (1995) found that in the 20 years since the passage of the Racial Discrimination Act, progress in the area of employment for Australians from a non-English speaking background was slow or non-existent (noted in the Government’s report to the United Nations Committee on the Elimination of Racial Discrimination (CERD) CERD/C/335/Add.2). The Committee notes South Australia’s adoption of the Racial Vilification Act 1996 and recalls that it noted in its 1997 direct request the Commonwealth’s adoption of the Racial Hatred Act 1995. The Committee notes that the 1996 Special Survey of equality in employment and occupation (see paragraph 168) mentions that the Australian Law Reform Commission identified the existence of racial vilification in Australia in its "Multiculturalism and the Law" report. The Committee asks the Government to provide information on efforts undertaken by other states and territories to adopt similar legislation and requests the Government to provide information on the number of cases presented to the courts alleging racial discrimination in employment and occupation or racial vilification in the workplace.

4.  The Committee notes that the National Aboriginal and Torres Strait Islander Education Policy (AEP), which came into effect 1 January 1990, sets out 21 long-term goals with the objective of achieving educational equity for indigenous Australians by the year 2000. In particular, the AEP establishes as the standard for indigenous Australians the level of educational access, participation, and outcomes achieved by non-indigenous Australians. The Committee requests that the Government provide information, and statistics and reports if available, on the progress of the AEP in achieving these goals, particularly that of achieving the level of educational access, participation and outcomes enjoyed by non-indigenous Australians.

5.  The Committee notes that no statutory right to an interpreter in federal tribunals exists in Australia. The Committee expresses its concern over how this situation may affect complaints made by Aboriginal and Torres Strait Islander people and people from a non-English-speaking background under the Racial Discrimination Act and the Workplace Relations Act. The Committee asks the Government to provide information in this regard and to consider creating a statutory right to an interpreter in these tribunals.

6.  The Committee notes that the Sexuality Discrimination Bill was introduced into the Senate on 29 November 1995. If enacted, it would afford protection against discrimination on the basis of sexuality and transgender identity in a number of areas governed by Commonwealth law, including Commonwealth employment. Please indicate whether this legislation has been adopted, and provide copies of the final text.

7.  Western Australia.  The Committee notes that the report indicated an environment characterized by a growing number of complaints concerning discrimination on the basis of race. The Committee notes with interest that various publications on racial discrimination in the workplace were distributed throughout Western Australia. The Committee requests the Government to indicate whether the rise in complaints indicates a higher incidence of racial discrimination or better knowledge of the procedures; and to provide information on what, if any, impact these publications and other measures may have had on the number of complaints concerning discrimination on the basis of race.

8.  New South Wales.  The Committee notes that the New South Wales government has promised to amend the Anti-Discrimination Act to prohibit discrimination on the ground of family responsibilities and has committed to amend legislation to provide long-term casual employees with access to unpaid maternity leave. The Committee requests the Government to provide information on the adoption and implementation of this legislation when it becomes available and to provide copies of the relevant legislation, if available.

9.  Northern Territory.  The Committee notes with interest the development of staff development programmes aimed at improving equality of employment opportunity for women and Aboriginal people in the Northern Territory public sector to address the disproportionate lack of women and Aboriginal employees in supervisory and more senior levels in the public sector. The Committee requests that the Government provide information and statistics concerning the practical effects of these programmes in improving the representation of women and Aboriginal employees in higher levels of the Northern Territory public sector.

10.  South Australia.  The Committee notes with interest the proclamation of the Racial Vilification Act 1996 on 6 July 1998 and the Equal Opportunity (Sexual Harassment) Amendment Act 1997, which came into force on 20 April 1998. The Committee also notes the implementation of the South Australian Government Wages Parity Enterprise Agreement 1999 and requests that the Government provide information in its next and future reports on the progress of achieving equitable wages in employment.

11.  Tasmania.  Recalling that, for some years, the Government’s report contained no information on the legislation and practice in Tasmania, the Committee notes the information contained in the report on the law and practice in Tasmania and requests the Government to continue providing such information in future reports.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the Government’s detailed report and the voluminous documentation attached. It notes with interest such publications as the Guide to Preventing Race Discrimination and Racial Harassment in the Workplace published by the Commissioner for Equal Opportunity of Western Australia, and the different initiatives taken at state and federal levels to combat discrimination on the grounds covered by the Convention.

2.  In its 1997 direct request, the Committee expressed its concern over the replacement of the Commonwealth Employment Service with the Commonwealth Service Delivery Agency (operating as "Centrelink") and the restructuring of the Office of the Status of Women. The Committee notes the information provided in the report concerning women’s policy development, consultation, improvements for women in employment and vocational education and training, women in decision-making, women’s wages, employment assistance, and workplace relations. The Committee also takes note of the information provided on the participation rates of Aboriginal women and women from non-English speaking backgrounds in employment and vocational education and training. Regarding action to eliminate gender discrimination, the Committee had expressed concern about reductions in funding for the Office of the Status of Women and the Human Rights and Equal Opportunities Commission; the weakened role of national machinery in providing policy advice on equality issues and in monitoring the effective implementation of such policies; and the continuing adverse situation of Aboriginal and Torres Strait Islander women and of migrant women, whose situation was further compounded by an apparent rise in racism and xenophobia. The Committee also notes the stated intention of the Government to rename the Affirmative Action Act as the Equal Opportunity in the Workplace Act and to emphasize merit, replace the union consultation requirement with a general statement of support for consultation and emphasize a facilitative rather than a punition approach to compliance. The Committee asks the Government to continue providing information regarding what, if any, impact these measures are having on the effective elimination of the discrimination experienced by women in general, and by indigenous and migrant women in particular, in all of the areas covered by the Convention.

3.  The Committee takes note of the different programmes that the Government has implemented to improve educational and employment opportunities for indigenous Australians, including the ABSTUDY income assistance scheme; the National Aboriginal and Torres Strait Islander Education Policy (AEP); the Indigenous Education Direct Assistance Program (IEDA); the measures directed at indigenous Australians through the National Strategy for Vocational Education and Training; and the Community Development Employment Projects Scheme (CDEP). The Committee notes that the indigenous population is growing by more than 2 per cent per annum while the indigenous employment rate is growing at a rate less than 1 per cent per annum, and that lack of job skills and of local employment opportunities are two of the main causes of indigenous unemployment. The Committee requests the Government to provide information concerning the practical impacts and achievements of these educational, training, and employment programmes, especially in light of the unprecedented expansion that the Government acknowledges must take place in indigenous employment. The Committee expresses its concern over the continued high unemployment rate for indigenous Australians (23 per cent compared with 9 per cent for the total population) and notes from the Government’s recent report to the United Nations Committee on the Elimination of Racial Discrimination (CERD) that without CDEP, the current indigenous unemployment rate would be about 40 per cent. (CERD/C/335/Add.2). The Committee notes also from the same report that the objective of the CDEP scheme was changed on 1 July 1998 to focus more on the provision of work and skills acquisition, and requests the Government to provide information on how this change is affecting employment opportunities for indigenous Australians. The Committee requests the Government to indicate in its next report the progress made in achieving more equality in opportunity and treatment for indigenous Australians.

4.  In this connection, the Committee notes the Federal Government’s announcement of its intention to restructure the Human Rights and Equal Opportunity Commission by replacing five of the six existing commissioners with three deputy presidents. One of these deputy presidents will have general responsibility for the areas of race discrimination and social justice, but the position of the Aboriginal and Torres Strait Islander Social Justice Commissioner would no longer exist (CERD/C/335/Add.2). Please evaluate the impact this decision might have on the employment and occupational opportunities of indigenous Australians.

5.  In its 1995 direct request, the Committee expressed the hope that future reports would indicate progress concerning the Government’s initiative for implementing the recommendations of the Royal Commission into Aboriginal Deaths in Custody. The Committee notes the establishment of the Vocational and Educational Guidance for Aboriginals Scheme (VEGAS), which provides grants to conduct projects for indigenous Australian prisoners which foster positive attitudes towards participation in education, and the Employment and Training Transition Project (ETPP), which aims to make employment, education, and training opportunities more accessible to indigenous offenders in the immediate post-release period (CERD/C/335/Add.2). Nevertheless, the Committee expresses its concern over what the Government itself has described as the continuing disproportionately high representation of indigenous Australians in the criminal justice and penal systems and how this may negatively impact on their prospects for employment. The Committee also notes the Government’s acknowledgement that the serious socio-economic disadvantage suffered by indigenous Australians is a major factor in their over-representation in the criminal justice system, and that this increasing over-representation needs to be addressed with an integrated and sustained effort by all Australian governments. The Committee requests the Government to continue to provide information concerning the development and implementation of policies and programmes to address the high incidence of indigenous Australians in the criminal justice and penal systems, and the practical effects of measures taken to reintegrate indigenous offenders into society through education, training, and employment programmes. The Committee expresses particular concern, in this connection, over the concluding observations made by CERD in its March 2000 report, which found that the minimum mandatory sentencing schemes with regard to minor property offences in Western Australia and the Northern Territory appear to target offences that are committed disproportionately by indigenous Australians, especially in the case of juveniles. The Committee expresses its serious concern over the negative impacts that these mandatory sentencing schemes may have on indigenous youths’ opportunities for education and employment.

6.  The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the detailed report and annexed information furnished by the Government.

1. The Committee notes the numerous legislative changes at the federal and state levels which have a bearing on the application of the national policy to promote equal opportunities and treatment in employment pursuant to the Convention. In particular, the Committee notes: the Workplace Relations Act, in force on 1 December 1996 (which aims at promoting economic prosperity and welfare of the people by "respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin" (section 3(j)) and which assigns to the Australian Industrial Relations Commission (AIRC) the power to prevent and settle industrial disputes having regard to, inter alia, the need to prevent and eliminate discrimination on these grounds (section 88B(3)(e)); the Racial Hatred Act, 1995, which inserted into the Racial Discrimination Act of 1975, provisions to render unlawful public acts (including those performed in workplaces) which are likely to offend, insult, humiliate or intimidate because of another person's race, colour or national or ethnic origin; and the Sex Discrimination Amendment Act, 1995, which introduced into the 1984 principal Act, a new definition for indirect discrimination and a "reasonableness" defence, which places on the respondent the onus of establishing that the requirement or condition imposed on the complainant was reasonable in the circumstances.

2. The Committee also notes that a code of practice is being elaborated to give practical guidance to help employers, trade unions, employment agencies and employees understand the provisions of the Racial Discrimination Act and explain how they can implement policies to eliminate racial discrimination, harassment and vilification and enhance equality of opportunity. In addition, it notes that the Human Rights Amendment Bill, 1997 (currently before Parliament), aims, inter alia, at embodying a legislative response to the High Court's decision in Brandy v. Human Rights and Equal Opportunity Commission (referred to in the previous direct request), which found that the Commission did not have the constitutional power to determine disputes finally. The Bill would centralize complaint investigation and conciliation in the Office of the President of the Commission and simplify a number of procedural and enforcement aspects. Please provide copies of the finalized code of practice and furnish information on its dissemination and, eventually, its impact. Please also provide copies of the text of the Human Rights Amendment Act, once adopted.

3. In addition to this legislative movement, the Committee is aware of a number of changes in relation to agencies charged with implementing the national policy on equality of opportunity and treatment in employment. It notes that the Commonwealth Employment Service (CES), whose review of operations for the better implementation of the Sex Discrimination Act had interested the Committee (see previous direct request), has been replaced with a new agency -- the Commonwealth Service Delivery Agency, operating as "Centrelink" -- which was due to be fully operational by December 1997. According to the report, "Centrelink" aims to provide integrated delivery points for the range of services delivered previously by the CES and the Department of Social Security. The Committee notes with interest that providers of the services will be contractually obliged to deliver those services free from sexual harassment and from any other unlawful discrimination that would contravene, inter alia, the legislation proscribing discrimination on the grounds of sex, disability or race. The Committee also notes that as a result of the 1993 Review of Government Policy Mechanisms on the Status of Women, the Office of the Status of Women (OSW) was re-structured in 1996 to strengthen its capacity to provide strategic, coordinated and well-researched policy advice within the Office of the Prime Minister. The OSW has also instituted a more effective consultation process with women on priority issues, through holding regular round table meetings with organizations of particular relevance to women. Regarding action to eliminate gender discrimination, the Committee notes, however, the concern expressed by the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) in its concluding comment on the Government's report to that Committee which states:

The Committee was concerned about the Government's apparent shift in attention and commitment to the human rights of women and the achievement of gender equality. Indications such as the cut by 38 per cent in the budget of the Office of the Status of Women and a similar reduction of funding for the Human Rights and Equal Opportunities Commission gave rise to concern. While increased efforts at gender mainstreaming into all sectoral areas were commendable, the Committee was concerned about the weakened role of national machinery in providing policy advice on equality issues and in monitoring the effective implementation of such policies ... The Committee was concerned at the continuing adverse situation of Aboriginal and Torres Strait Islander women ... Their situation, as well as that of migrant women, was further compounded by an apparent rise in racism and xenophobia. (United Nations document A/52/38/Rev.1 of 1997.)

The Committee asks the Government to provide information to illustrate that the measures being taken are having a significant impact on eliminating the discrimination experienced by women, in general, and by indigenous and migrant women, in particular, in all of the areas covered by the Convention.

4. With regard to Article 3 of the Convention, the Committee notes that the Workplace Relations Act provides for the making of collective agreements approved by the AIRC, called "certified agreements", which the AIRC must refuse to certify if it considers that a provision of the agreement discriminates against an employee covered by the agreement on any of the same grounds listed in section 3(j) of the Act (set out in paragraph 1 above). The Act also provides for the conclusion of individual agreements called Australian Workplace Agreements (AWAs), approved by the Employment Advocate. In this regard, the Committee notes that Schedule 8 to the Regulations under the Act states that parties to AWAs agree that they intend to achieve the principal object set out in section 3(j) of the Act. As the Act does not appear to establish a procedure for individuals or their representatives to gain access to information on the types of terms and conditions of work set out in AWAs, the Committee requests the Government to indicate whether there are ways for interested persons or organizations, such as trade unions, to have access to factual information of this nature (perhaps directly from the Employment Advocate) in order to advise their members. Please also indicate whether specific measures have been taken to suggest how equality of opportunity and treatment may be promoted within the context of AWAs and advise on any action taken by the Employment Advocate in this respect.

5. In its previous direct request, the Committee had asked for information on progress in the review to remove discriminatory provisions from federal awards, being undertaken by virtue of section 150A(2)(b) of the Industrial Relations Act, 1988. In this regard, the Committee notes that proceedings were brought against the Commonwealth Government by the States of Victoria, South Australia and Western Australia seeking declarations that certain provisions of the Act allowing for the imposition of obligations on employers with respect to a number of principles enunciated in ratified ILO Conventions, including non-discrimination in employment, were invalid. The High Court, in a decision of 4 September 1996, largely upheld the challenged provisions, on the basis that the Commonwealth Government has the power to legislate on these matters under its external affairs power of the Constitution (section 51). Although section 150A(2)(b) was repealed by the Workplace Relations Act, the Committee notes that the new legislation contains a range of provisions intended to prevent and eliminate discrimination in awards. In particular, the Committee notes that section 89A(8) of the new Act allows the AIRC to include a model anti-discrimination clause in awards. Please provide information about the extent to which the AIRC has used its power to include model anti-discrimination clauses in awards and on the extent to which the AIRC has set aside or varied awards referred to it by the Sex Discrimination Commissioner (section 113 of the Workplace Relations Act).

6. Tasmania. The Committee notes with regret that for some years, the Government's report has contained no information on the legislation and practice in Tasmania. It has, however, been able to note, from the copy at its disposal of the 1996 Annual Report of the Tasmanian Sex Discrimination Commission, the activities of the Commission in regard to the receipt, investigation and resolution of complaints (the majority of which concerned discrimination in employment), and the efforts undertaken to provide education and information about the Sex Discrimination Act, 1994. The Committee urges the Government to ensure that its next report contains information on the legal and practical implementation of the Convention in all jurisdictions.

7. Queensland. The Committee notes the enactment of the Workplace Relations Act on 27 March 1997, which reflects in many respects the federal legislation of the same name, including those provisions designed to prevent discrimination. Noting that the State Act contains certain exemptions from unlawful dismissal, including an exemption for employees during the first 12 months of their employment who are employed by an employer with 15 or fewer employees, the Committee requests the Government to provide information on the means of redress available under the Act to persons with less than 12 months service in small enterprises who consider themselves dismissed for discrimination which contravenes the Queensland Anti-Discrimination Act, 1991.

8. Australian Capital Territory (ACT). The Committee notes with interest that the Convention was one of the elements taken into account in the 1996 amendment of the Discrimination Act, 1991. It also notes that the ACT Government, in conjunction with the ACT Human Rights Office has commenced a review of all ACT legislation to determine compliance with the discrimination legislation. Please provide information on the progress and outcome of this review.

9. South Australia. The Committee notes with interest the enactment of the Racial Vilification Act, 1996 (yet to be proclaimed), and the introduction into Parliament of the Equal Opportunity (Sexual Harassment) Amendment Bill, 1997, which proposes to extend the sexual harassment provisions of the principal legislation to judicial officers, Members of Parliament and members of local councils. It also notes the instigation of two projects, the Community Outreach Project -- which aims to ensure that targeted minority communities have access to information about their rights and responsibilities under equality legislation -- and the Police Department Project which aims at training police in the area of equal opportunity legislation. The Committee hopes that further information will be provided on these various initiatives, more particularly to illustrate the practical impact of the measures being taken.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information provided in the report on the measures being taken to further the application of the Convention, not only at the federal level but also at the level of the States and territories.

1. The Committee notes the October 1994 decision of the Australian Industrial Relations Commission (AIRC) to include in a number of awards, a model clause which makes provision for the operation of the Supported Wage System - which facilitates the employment of workers with disabilities in the open labour market and protects them from exploitation. Having noted that other federal awards are being varied progressively to include the provisions and that, with the Government's encouragement, all States (except Western Australia) have adopted arrangements to enable the operation of this new system, the Committee requests the Government to provide data, when available, indicating the extent to which this measure has achieved its objective.

2. The Committee notes that, pursuant to section 150A(2)(b) of the Industrial Relations Act 1988, the AIRC has been undertaking a review of federal awards to remove discriminatory provisions and to encourage best practice approaches in human resource management to avoid both direct and indirect discrimination in the operation of awards. In this regard, the Committee notes that the Human Rights and Equal Opportunity Commission contributed to the review by preparing reports on both direct and indirect discrimination in federal awards. The Committee asks that the Government furnish information on the progress of the review.

3. The Committee requests the Government to provide information on the measures taken to implement the recommendations of the 1995 review conducted of the Commonwealth Employment Service operations, with the aim of better achieving the objectives of the Sex Discrimination Act, 1984. Please also provide information on the action taken with regard to any of the other recommendations made pursuant to the review of government policy advice mechanisms on the status of women, the outcome of which was announced by the Prime Minister in October 1993.

4. The Committee notes the information contained in the first and second reports (1993 and 1994) of the Aboriginal and Torres Strait Islander Social Justice Commissioner. The Committee notes, in particular, that pursuant to a recommendation made by the 1991 Royal Commission into Aboriginal Deaths in Custody, the Office of the Commissioner has developed two schemes: the National Community Education Programme (NCEP) and the National Legal Field Officer Training Programme. Noting from the above-mentioned reports that difficulties are being experienced in implementing the NCEP - which appear to derive from, amongst other things, the reduced funding of anti-discrimination and equal opportunities agencies at the State and territory levels - the Committee hopes that future reports will indicate progress concerning this important initiative.

5. The Committee notes the decision of the High Court on 23 February 1995 in the case of Brandy v. Human Rights and Equal Opportunity Commission and Others which held that the provisions of the Racial Discrimination Act 1975 that had allowed the Human Rights and Equal Opportunities Commission to register it determinations with the Federal Court so that they may be enforced as orders of the Court, were invalid as they purported to invest judicial power in the Commission. According to the report, the result is that the actual determinations (including interim determinations) of the Commission under the Racial Discrimination Act, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992 and the Privacy Act 1988, are valid but, without the registration and enforcement mechanism, they are not binding or conclusive and cannot be enforced, except in the case of determinations made against Commonwealth agencies. The Committee has also noted the Attorney-General's intention to respond to the High Court decision, which involved amending the Human Rights Legislation Amendment Bill 1994 (subsequently assented to in June 1995) so as to restore the process by which, in the case of non-compliance with the Commission's determination, the Commission could commence proceedings in the Federal Court seeking an order for enforcement. In such situations, the Court would re-hear the matter. In addition, a longer-term solution would be developed by the Review Committee, which is reviewing the role and functions of the Commission. Noting that this Review Committee is expected to report to the Government on the issue by the end of 1995, the Committee requests the Government to provide information on the measures taken in this matter.

6. With reference to its previous observation, the Committee notes the Government's statement that, as the provisions of the Industrial Relations Act, 1988 are of limited application concerning discrimination on the ground of age, because they are confined to termination at the initiative of the employer, the Government is reviewing the use of age-based distinctions in its own policies and programmes with a view to possible legislative and non-legislative action in the future. Please furnish information on any action taken in this regard.

7. The Committee notes with regret that no information has been provided concerning the application of the Convention in Tasmania. It hopes that the relevant information will be provided in future reports.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the detailed report and annexed documentation provided by the Government on the application of the Convention.

I. Federal level

1. Referring to its previous direct request, the Committee notes the information provided in relation to the Sex Discrimination Act, 1984, including the reduction of the Act's former blanket exemption of superannuation and provident fund schemes (effected by the Sex Discrimination Amendment Act, No. 71 of 1991). The Committee requests the Government to provide information on the practical application of the amendments relating to superannuation, together with information on the outcome of the project to investigate approaches to actuarial-based discrimination in insurance and in superannuation, being funded by the Sex Discrimination Commissioner and the Association of Superannuation Funds of Australia. The Committee also notes that the Sex Discrimination and Other Legislation Amendment Act, 1992, inserted into the Sex Discrimination Act (as section 50A) a procedure to deal with complaints of discrimination under federal industrial awards and enterprise agreements made or varied after January 1993. In addition, section 150A of the Industrial Relations Act, 1988, now provides that all awards must be reviewed every three years; if the award contains a provision which discriminates against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, the Industrial Relations Commission must remedy the deficiency (effected by the Industrial Relations Reform Act, No. 98 of 1993). The Committee requests the Government to continue to provide information pertinent to the Convention as concerns both the use made of the procedure outlined in section 50A of the Sex Discrimination Act and the review of federal awards. The Committee also requests the Government to provide information on the adoption of the proposed amendments to the Sex Discrimination Act, announced by the Prime Minister in July 1994.

2. The Committee notes that, according to the Government's report, since November 1992, the Australian Defence Force (ADF) has not discriminated against its members on the ground of sexual preference, considering, in this regard, that it is not concerned with a member's private activities so long as those activities are lawful and do not compromise operational effectiveness. The Committee requests the Government to provide information on the outcome of the current review of the Defence Instruction on "Unacceptable Sexual Behaviour by Members of the Australian Defence Force".

3. The Committee notes with interest the detailed information concerning the activities of the Human Rights and Equal Opportunity Commission (the Commission), which is responsible for implementing the Human Rights and Equal Opportunity Commission Act, 1986, the Racial Discrimination Act, 1975, the Sex Discrimination Act, 1984, and the Disability Discrimination Act, 1992. It also notes that the Privacy Commissioner, who is a member of the Commission, is responsible for implementing the Privacy Act, 1988; and that the Aboriginal and Torres Strait Islander Social Justice Commissioner (appointed under the Act in 1992, in response to a recommendation of the 1991 Royal Commission into Aboriginal Deaths in Custody) performs a number of functions under the Native Title Act, 1993, including the obligation to prepare and submit to the Federal Minister, a report on the operation of the Act and on its effect on the exercise and enjoyment of human rights by aboriginal peoples and Torres Strait Islanders. The Committee requests the Government to provide copies of these annual reports, as they become available. Noting the statistical breakdown of complaints of racial discrimination provided in the Government's report to the UN Committee on the Elimination of Racial Discrimination (UN document CERD/C/223/Add.1 of 23 September 1993), it requests the Government to provide information on the number and type of complaints made to the Commission on the other grounds of the Convention, including, if available, details on the ways in which these complaints were resolved.

4. In addition, the Committee notes the information provided on the measures taken by the Commission to ensure gender equality in the meat processing industry in Queensland, where about one-third of the workers are women. In a submission to the Industry Commission's Inquiry into the industry, it highlighted the need to examine workplace practices in terms of the cost of discrimination to the efficiency and effectiveness of the industry. The Committee requests the Government to provide a copy of the final report of the Industry Commission.

5. The Committee notes that the existence of racial vilification was identified by the National Inquiry into Racist Violence, the 1991 Royal Commission into Aboriginal Deaths in Custody, and the Australian Law Reform Commission in its report on Multiculturalism and the Law. As a result, a public consultation process was instituted concerning proposed legislation and an extensive media campaign was launched in order to prepare the Racial Hatred Bill, expected to be adopted in 1995. In addition to furnishing a copy of this legislation, the Committee requests the Government to provide information on any practical action taken to promote equality of opportunity and treatment for persons from non-English speaking backgrounds, whose employment situation was examined in a 1993 report of the Race Discrimination Commissioner and described as one of continued marginalization.

6. Recalling the Affirmative Action Agency's 1992 review of the Affirmative Action (Equal Employment Opportunity for Women) Act, 1986, the Committee notes that the Act has been extended to cover community organizations, non-government schools and group training schemes, but that no extension was made as concerns the Acts's application to employers of 100 employees. The Committee notes with interest that a policy of contract compliance has now been introduced under the Act. The Committee requests the Government to continue to provide information on the Agency's activities, including the development of performance standards, introduced so as to improve the quality of affirmative action programmes.

7. The Committee also notes with interest the information provided by the Government concerning the reforms impacting upon women's access to and participation in the labour market and, in particular, those arising from the White Paper on Employment and Growth, released in May 1994. It requests the Government to provide information on how these proposed measures (such as changes to income support; partner and parenting allowances; labour market assistance; expansion of access to vocational education and training) will facilitate women's entry or re-entry into the labour market.

II. States and territories

8. The Committee notes with interest that section 54 of the New South Wales Anti-Discrimination Act, 1977, has been amended to provide that any state industrial awards or enterprise agreements negotiated after August 1994 must be free of discriminatory terms and conditions. In addition, those awards or agreements that were in existence prior to that date must comply with the proscription against discrimination by August 1995. Noting that the ground of political opinion appears to have been excluded from the amendment, the Committee requests the Government to provide information on the way in which protection is afforded against this type of discrimination. The Committee notes that the exemptions granted under section 126 of the Act relate to positive measures taken in favour of women. Noting the information concerning the employment programmes administered by the state Department of Industrial Relations, Employment, Training and Further Education, the Committee requests the Government to provide information on the results or evaluation of those programmes.

9. The Committee notes with interest the amendments made to the Queensland Industrial Relations Act, 1990, to maintain consistency with the provisions of the federal Industrial Relations Act concerning discrimination and to ensure, through a three-yearly review, that no awards or agreements will either contain discriminatory provisions or will be covered by the exemption under the Anti-Discrimination Act, 1991. It requests the Government to provide information concerning the review of awards and industrial agreements under section 150 of the state legislation. The Committee also notes with interest the information provided on the Public Sector Aboriginal and Torres Strait Islander Employment Strategy, which encompasses all government employment - local, State and Commonwealth. The Committee would be grateful if the Government would provide information on the implementation of the Strategy in its future reports, including details on any evaluation of the Strategy.

10. The Committee notes from the Government's report that three new grounds (age, occupation, and membership of associations of employees or employers) have been added to the Australian Capital Territory Discrimination Act, 1991. The Committee notes the Government's explanation that the exemption under section 24 of the Act (mentioned in the previous direct request) concerns only the recruitment of workers to carry out domestic duties in the employer's premises and that, in all other respects, domestic workers enjoy the full protection of the legislation. Noting that the review of the Territory's laws, pursuant to section 111 of the Act, is expected to be completed by the end of 1995, the Committee requests the Government to provide full information on this matter in its next report.

11. The Committee notes with interest that the principal legislation now governing industrial relations in South Australia, the Industrial and Employee Relations Act, 1994, states that the Industrial Relations Commission must refuse to approve an enterprise agreement if a provision of the agreement discriminates against an employee because of, or for reasons including, race, colour, sex, sexual preference, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin (section 79(2)). The Committee requests the Government to provide information on the application of the Act in implementing the Convention. It also requests the Government to furnish copies of any reports issued by the Multicultural and Ethnic Affairs Commission (including information on the progress of the Multicultural Management Commitment Plan) and by the Equal Opportunity Commission.

12. Referring to its previous direct request, the Committee notes with interest that 1992 amendments to the Equal Opportunity Act, 1984, have included in the definition of discrimination, the grounds of family responsibilities or status and racial harassment and expand the provisions relating to sexual harassment. The Committee also notes that it is now possible for employees to appeal to the Equal Opportunity Tribunal regarding discriminatory provisions in awards or legislative texts. The Committee requests the Government to provide a copy of the Equal Opportunity Amendment Act, 1992, and to continue to provide information on the application of the equality legislation, including details on the type of complaints made to the Commission and the follow-up action taken.

13. With reference to its previous direct request, the Committee notes the information provided concerning the type of exemptions granted under section 40(1) of the Victorian Equal Opportunity Act, 1984, which concern, for the most part, programmes to maintain or implement gender balance in employment and to enable the employment of either men or women in particular roles, as allowed by Article 1, paragraph 2, of the Convention. Having noted the 1993 report of the review of the Act, the Committee requests the Government to indicate the action being taken in response to the recommendations of the Scrutiny of Acts and Regulations Committee.

14. The Committee notes with interest the information concerning the measures taken in the Northern Territory to apply the Convention, including the Public Sector Aboriginal Employment and Career Development Strategy and the Intellectual Impairment Employment Programme in the public sector. It requests the Government to provide details on the implementation of these initiatives and to furnish information on the implementation of the policy on communicable diseases in the workplace, together with a copy of the policy.

15. With regret, the Committee notes that, once again, no information has been provided concerning the application of the Convention in Tasmania. The Committee hopes that full details will be provided on the implementation of the Convention, in law and in practice, in the next report.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with satisfaction that helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, is now included as one of the objects of the industrial relations legislation for the prevention and settlement of industrial disputes (section 3(g) of the Industrial Relations Act, 1988, as amended by the Industrial Relations Reform Act, 1993). In addition, the Committee notes that Division 2 (Equal Remuneration for Work of Equal Value) of Part VI A of the Industrial Relations Act, as amended by the 1993 Reform Act, provides that the object of the Division is to give effect to or further the effect of certain anti-discrimination Conventions, including ILO Conventions Nos. 100 and 111 (section 93A of the Act obliges the Industrial Relations Commission to take account of the principles embodied in Convention No. 156). The texts of these ILO Conventions and their accompanying Recommendations are set out in the schedule to the Act (apart from the text of Convention No. 111 which, as the Industrial Relations Act notes, was already included in the schedule to the Human Rights and Equal Opportunity Act, 1986).

2. The Committee also notes with interest that a National Advisory Committee, comprising high-level representatives of the Human Rights and Equal Opportunity Commission, the federal and state governments, the Australian Council of Trade Unions, the Business Council of Australia, the Australian Chamber of Commerce and Industry and various community and interest groups, was established by the federal Attorney-General in 1993 to advise the Commission on the performance of its functions in relation to equality in employment and to advise the Attorney-General, as requested, on the action that should be taken to comply with the Convention.

3. The Committee is addressing a request directly to the Government on other points.

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

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.

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

The Committee notes with interest the detailed information contained in the Government's reports, in particular the information on further progress achieved in implementing the Convention at both the state and federal levels.

1. In particular, the Committee notes the adoption of new federal legislation to further the implementation of the Convention: (a) the Human Rights and Equal Opportunity Commission Regulations, 1989, which declare additional grounds of discrimination for the purposes of the Human Rights and Equal Opportunity Commission Act, 1986, to be age, medical record, criminal record, impairment, marital status, mental, intellectual or psychiatric disability, nationality, physical disability, sexual preference or trade union activity; (b) the Law and Justice Amendment Act, 1990, which removes from the Racial Discrimination Act, 1975, the requirement that race be the dominant reason for an action to be found unlawful, introduces a vicarious liability provision and extends that Act to cover situations of indirect discrimination; (c) the Sex Discrimination Amendment Act, 1991, which replaces the previous exemption for superannuation and insurance in the principal Act with a provision exempting only such schemes as are based on reasonable actuarial or statistical data; and (d) the Disability Discrimination Act, 1991, which makes direct and indirect discrimination on the grounds of disability unlawful in a number of areas including employment, education, access to premises and the administration of Commonwealth laws and programmes and introduces a standard of unjustifiable hardship on the basis of which the Human Rights and Equal Opportunity Commission may consider cases concerning the requirement to accommodate the circumstances of people with disabilities.

2. The Committee takes note of the information supplied by the Government on the adoption of a new Equal Pay Policy in March 1992 which has the aim of ensuring that work of equal value is remunerated at an equal rate of pay, the establishment of an Equal Pay Unit within the Department of Industrial Relations and the implementation of the process of award restructuring. With regard to these new developments, the Committee refers to its comments under Convention No. 100.

3. The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Further to its previous comments, the Committee notes the detailed information communicated by the Government in its report, in particular the further progress achieved in implementing the Convention at both the state and federal levels.

I. Federal level

2. The Committee notes the beginning of operations of the Human Rights and Equal Opportunity Commission in 1986, which is now responsible for administering the legislation implementing several international human rights instruments including the present Convention. The Committee also notes that the Commission provides a process whereby complaints of discrimination may be conciliated. It notes in particular that an advisory committee is to be established to report to the Minister on any action that may need to be taken to comply with the Convention; that consultations have been held with representatives from federal and state governments, with the Australian Trades Union Congress and the Confederation of Australian Industry; and that the formation of the advisory committee is expected in the very near future. Please indicate whether this committee has been established, and what recommendations it has made, if any.

3. The Committee also notes with interest the adoption of the Equal Opportunity (Commonwealth Authorities) Act, 1987, which applies to Commonwealth authorities employing 40 or more staff that are not covered by other Commonwealth equal opportunity or affirmative action legislation. The Committee hopes that the Government will indicate in its future reports the action taken under the Act to develop equal opportunity programmes for women, Aborigines, Torres Strait Islanders, certain migrant workers and the disabled.

4. In its previous comments the Committee noted that the Affirmative Action (Equal Employment Opportunities for Women) Act, 1986, applies to employers with 100 or more employees. It notes from the Government's report that there is presently no intention of extending its coverage to smaller employers, but that a review of its effectiveness is to be undertaken after five years. Please indicate in future reports if the Act's coverage has been extended.

5. The Committee recalls that under the Public Service Act, as amended in 1984, all government departments are to develop equal employment opportunity programmes. Please indicate whether all government departments have now formulated such programmes and whether they have been approved; and whether the review process provided for in the legislation has yielded subsequent improvements in these programmes.

6. The Committee notes that most of the information in the report concerning federal action deals with measures taken to combat discrimination against women, or against discrimination in general terms. The Committee hopes that the Government will provide more information in its next report also on the situation of the Aborigines with regard to employment and equal opportunity, and on any practical measures it may be taking in this connection.

II. State level

7. The Committee notes that in Victoria the Commissioner for Equal Opportunity is now empowered to initiate investigations in certain cases of alleged serious discrimination, under the Equal Opportunities (Amendment) Act, 1987, and hopes that the Government will inform it in future reports of the action taken in this regard.

8. The Committee also notes the Tenth Annual Report of the Comissioner of Equal Opportunity and the Equal Opportunity Board for the year ending 30 June 1987. The Committee takes particular note, from the Board's report, of section 40 of the Equal Opportunity Act, 1984, under which an exemption may be granted "from any of the provisions of the Act". Section 40 establishes no criteria for granting exemptions. The Committee has noted with interest the manner in which exemptions were granted during the year covered by the report, but considers that section 40 should be amended to make it applicable only to those cases where the inherent requirements of a particular job require a distinction, exclusion or preference which would otherwise amount to prohibited discrimination, as provided in Article 1, paragraph 2, of the Convention.

9. In New South Wales, the Committee notes from the Government's report that under section 54 of the NSW Anti-Discrimination Act, 1977, anything done by a person in compliance with any other Act, regulation, ordinance, by-law or other instrument, whether passed before or after this Act, is exempt from the general prohibition on discrimination. It notes further the removal of discriminatory provisions from legislation by the Miscellaneous Acts (Sex Discrimination) Amendment Act, 1987, but that other, mainly sex-related, discrimination provisions remain. Please indicate in the next report whether section 54 of the Anti-discrimination Act has been invoked in practice, and what consideration may have been given to amending it.

10. The Committee also notes from the report that both the federal Sex Discrimination Act and the state Anti-discrimination Act specifically exclude awards from their coverage, and that therefore discrimination in awards is not illegal although they provide the basis on which some 90 per cent of the workers in New South Wales are employed. It notes that the Women's Directorate in the state has been carrying out a review of discriminatory provisions in awards, and that reports and recommendations have been made on 300 awards, but that it is not known what amendments may have been made as a consequence. The Committee hopes that the Government will indicate in its next report what consideration may have been given to bringing this situation more closely into line with the Convention, and whether information is now available on the results achieved in amending awards which contain discriminatory provisions.

11. The Committee notes that the Women's Directorate receives many complaints and inquiries about discrimination related to pregnancy and maternity leave, and in which existing legislative provisions are inadequate or poorly understood. It hopes that the Government will indicate in its next report what measures have been taken or are under consideration to overcome these difficulties.

12. The Committee notes also the further detailed information on the activities of the Women's Directorate since its creation in 1984, and the positive results so far achieved. It hopes that the Government will continue to supply information in this regard in its future reports, particularly with regard to women's access to technical and further education, and on the public sector.

13. In Queensland the Committee notes the adoption of the Public Service Management and Employment Act, 1988, sections 7 and 32 of which contain provisions affecting the application of the Convention.

14. The Committee also notes that by a Decision of 16 June 1987 the Industrial Conciliation and Arbitration Commission of Queensland made a decision of policy in relation to termination of employment, introduction of changes and redundancy, including a clause by which the Commission could find that a dismissal is based on unacceptable discrimination; the Government has stated, however, that the Commission decided that these standards would only be inserted into awards and industrial agreements on application by the appropriate party, where the need was shown to exist. Please indicate the cases in which this has been done, and whether any such applications have been refused.

15. The Committee notes from the information forwarded in reply to its previous direct request that the State participates in the Commonwealth Aboriginal Employment Development Policy, and that the state government has now formulated a Queensland Public Service Aboriginal and Torres Strait Islander Employment Strategy to assist these groups in pursuing employment and career activities in the Queensland public service. Please provide further details in the next report on the contents of this strategy and on the results so far achieved.

16. The Committee also repeats the hope that the next report will contain more detailed information on the practical measures taken or envisaged to promote equality of opportunity and treatment in employment both in the public and private sectors, noting that the information furnished in the last report concentrated on the public sector.

17. The Committee notes from the report that in Tasmania there is no specific legislation relevant to the application of the Convention; that anti-discrimination legislation was introduced in the Tasmanian Parliament in 1978 and 1979 but not passed; and that it has long been the policy of the Tasmanian Government to repeal any statutory provisions which apply to specific groups on the basis of sex. The Committee hopes that the Government will include a more detailed indication in its next report of any problems that may have arisen in this regard in Tasmania.

18. As concerns Western Australia, the Committee notes that the review of discriminatory provisions in legislation was expected to be completed in June 1989, and requests the Government to indicate the findings of this review when it is completed. It notes that in the interim certain changes to legislation have gone ahead to remove discriminatory provisions. It notes also that a review of industrial awards for discriminatory provisions was completed in 1987, but that there have so far been few changes to awards; however, if they are found to be discriminatory on being challenged they must be changed. Please provide further information in this regard in the next report.