Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Public Service Amendment (Employment for all of us) Bill 2014
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Adam Bandt MP
Public Service Amendment (Employment for all of us) Bill 2014
OUTLINE
Current employment in the public service does not reflect the diversity of the Australian
population. The Public Service Amendment (Employment for all of us) Bill 2014
implements changes to the Public Services Act to address this failure by setting targets for
the employment of people with a disability, and employment of people from culturally and
linguistically diverse backgrounds.
The bill amends the Public Service Act 1999 to require the Commissioner to issue a
direction for the numbers of people with disabilities and the numbers of people from a
non-English speaking background to double by July 1 2019.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1 - Short Title
This is a formal provision specifying the short title.
Clause 2 - Commencement
The Bill's provisions are to commence on the day after it receives the Royal Assent.
Clause 3 - Schedule (s)
This clause provides that an Act that is specified in the Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule operates according to its
terms.
Schedule 1 - Amendments to the Public Service Act 1999
Item 1
Amends Section 7 of the Act to give the term disability the same meaning as set out in
the Disability Discrimination Act 1992.
Item 2
Inserts a new subsection 11A (2A), which requires the Commissioner to issue a written
direction to the Australian Public Service regarding employment of people with a disability
and people from a non-English speaking background.
The direction requires the total number of APS employees with a disability and the total
number APS employees who come from a non-English speaking background that exist at
1 July 2014 to be doubled by 1 July 2019.
This section gives effect to the Employment principle outlined in section 10A (1)(g) of the
Act, which "recognises the diversity of the Australian community and fosters diversity in the
workplace."
Item 3
Amends section 11A(2) of the Act which sets out the matters in relation to the
Commissioner's Directions about employment matters, ensuring that the new subsection
(2A) outlined above restricts the directions that are able to be given under the APS
Employment Principles.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Public Service Amendment (Employment for all of us) Bill 2014
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
Current employment in the public service does not reflect the diversity of the Australian
population. The Public Service Amendment (Employment for all of us) Bill 2014
implements changes to the Public Services Act to address this failure by setting targets for
the employment of people with a disability and employment of people from culturally and
linguistically diverse backgrounds.
Human rights implications
The bill gives effect to a number of Australia's human rights obligations including those
contained in the International Convention on the Elimination of all Forms of Racial
Discrimination and the Convention on the Rights of Persons with Disabilities.
Conclusion
This bill is compatible with human rights because it advances the protection of human
rights.
Adam Bandt MP