Local Government Amendment Regulation (No. 3) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 398 Local Government Act 1993 LOCAL GOVERNMENT AMENDMENT REGULATION (No. 3) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of s 3 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Meaning of “State office”—Act, s 4) . . . . . . . . . . . . . 3 5 Insertion of new pt 12, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 1A—Equal opportunity of employment Subdivision 1—Object of division and related matters 36A Purpose, role of EEO and how it is to be achieved . . . . . . . . . . . . . . 4 36B Merit principle reinforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subdivision 2—Development of equal employment opportunity management plan 36C Local government to develop EEO management plan . . . . . . . . . . . 5 36D Steps to be followed in ongoing development of EEO management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 36E Local government may amend EEO management plan . . . . . . . . . . 7 Subdivision 3—Approval of plan 36F Local government to give EEO management plan to the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 36G Local government to give amendment of EEO management plan to the chief executive . . . . . . . . . . . . . . . . . . . . . . 8

2 Local Government Amendment (No. 3) No. 398, 1995 36H Chief executive must advise whether EEO management plan etc. supported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 4—Implementation of plan 36I Local government to give effect to EEO management plan . . . . . . 8 36J Employment powers to be exercised having regard to EEO management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 5—Annual report 36K Local government to give annual implementation and forward planning report to chief executive . . . . . . . . . . . . . . . . . . . . 9 Subdivision 6—Supervision by chief executive 36L Chief executive may take action if dissatisfied with EEO management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 36M Local government to comply with recommendation unless chief executive notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 36N Chief executive’s power when local government does not act or give satisfactory reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subdivision 7—Supervision by tribunal 36O Tribunal may recommend conciliation . . . . . . . . . . . . . . . . . . . . . . . 11 36P Otherwise tribunal must determine reference . . . . . . . . . . . . . . . . . . 11 36Q Tribunal may investigate a reference . . . . . . . . . . . . . . . . . . . . . . . . . 11 36R Legal representation with permission . . . . . . . . . . . . . . . . . . . . . . . . . 11 36S Tribunal’s powers at an investigation . . . . . . . . . . . . . . . . . . . . . . . . . 12 36T End of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 36U Recommendation may be to amend EEO management plan . . . . . . 13 36V Local government to comply with recommendation . . . . . . . . . . . . . 13 Subdivision 8—Tabling of reports and review of division 36W Minister may table report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 36X Review of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 3 DICTIONARY

s1 3 s4 Local Government Amendment (No. 3) No. 398, 1995 ˙ Short title 1. This regulation may be cited as the Local Government Amendment Regulation (No. 3) 1995 . ˙ Regulation amended 2. This regulation amends the Local Government Regulation 1994 . ˙ Replacement of s 3 (Definition) 3. Section 3— omit, insert — ˙ ‘ Definitions—the dictionary ‘ 3. The dictionary in schedule 3 defines particular words in this regulation. 1 ’. ˙ Amendment of s 5 (Meaning of “State office”—Act, s 4) 4. Section 5, ‘Floor 11 126 Margaret Street’— omit, insert— ‘Level 10 111 George Street’. 1 In some Acts and regulations, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act and regulation— ActsInterpretation Act 1954 , section 14(4) and Statutory Instruments Act , section 14. Words defined elsewhere in the regulation are generally signposted by entries in the dictionary. However, if a section has a definition that only applies to the section, or a part of the section, it is generally not signposted by an entry in the dictionary. If this type of definition is set out in a separate subsection, the subsection is generally the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the regulation and tell the reader where these definitions can be found. For example, the definition ‘ “joint arrangement” see section 7’, tells the reader there is a definition of the term “joint arrangement” in section 7.

s5 4 s5 Local Government Amendment (No. 3) No. 398, 1995 ˙ Insertion of new pt 12, div 1A 5. After part 12 heading— insert — ‘ Division 1A—Equal opportunity of employment ‘ Subdivision 1—Object of division and related matters ˙ ‘ Purpose, role of EEO and how it is to be achieved ‘ 36A.(1) The purpose of this division is to promote equality of employment opportunity in local governments. ‘ (2) Equality of employment opportunity enhances the capacity of local governments to achieve their objectives by— (a) improving organisational efficiency and productivity through the selection and employment of the best and most talented people; and (b) fulfilling the social justice obligations of equity and fairness; and 2 (c) increasing the effectiveness of service delivery and decision making by adopting an employee profile more accurately reflecting the community profile. ‘ (3) The purpose of the division is to be achieved by— (a) requiring each local government to take the steps set out in subdivision 2 3 to develop an EEO management plan that— (i) enables members of the target groups to— (A) compete for recruitment, selection, promotion and transfer in the particular local government; and (B) pursue careers in the particular local government; 2 The social justice obligations of equity and fairness are based on the idea that all people should be able to compete for employment on the basis of the ability to do the job. 3 Subdivision 2 (Development of equal employment opportunity management plan)

s5 5 s5 Local Government Amendment (No. 3) No. 398, 1995 as effectively as people who are not members of the target groups; and (ii) eliminates unlawful discrimination by the particular local government or its employees against members of the target groups in employment matters; and (b) requiring each local government to implement its EEO management plan under subdivision 4; 4 and (c) establishing procedures to monitor compliance with the requirements. ˙ ‘ Merit principle reinforced ‘ 36B. Nothing in this division is to be taken to require an action incompatible with the principle that recruitment, selection, promotion and transfer are to be dealt with on the basis of merit. ‘ Subdivision 2—Development of equal employment opportunity management plan ˙ ‘ Local government to develop EEO management plan ‘ 36C. A local government must develop an EEO management plan to ensure appropriate action is taken by it— (a) to promote equal employment opportunity for members of the target groups in employment matters; and (b) to eliminate unlawful discrimination by it against members of the target groups in employment matters. 4 Subdivision 4 (Implementation of plan)

s5 6 s5 Local Government Amendment (No. 3) No. 398, 1995 ˙ ‘ Steps to be followed in ongoing development of EEO management plan ‘ 36D. A local government must take the following steps in developing its EEO management plan on an ongoing basis— Step 1—Issue policy statement and keep employees informed Inform employees of the local government’s EEO policy and the results of monitoring and evaluating the implementation of the local government’s EEO management plan under step 8. Step 2—Nominate person to have EEO responsibility Give responsibility for the development, implementation and continuous review of the EEO management plan to a person who has, or persons who have, sufficient authority and status within the management of the local government to enable the person or persons to properly do this. Step 3—Consult with trade unions Consult with the trade unions that have members who are, or will be, affected by the EEO management plan about the development and implementation of the plan. Step 4—Consult with employees Consult with the local government’s employees, particularly employees who are members of the target groups, about the development and implementation of the EEO management plan. Step 5—Collect statistics Collect and record statistics and related information about the number of employees who are members of the target groups and the salary stream and level of the employees.

s5 7 s5 Local Government Amendment (No. 3) No. 398, 1995 Step 6—Review policies and practices Examine the local government’s policies and practices about employment matters to identify— (a) patterns (including patterns identified statistically) of inequality of opportunity for members of the target groups; and (b) policies or practices unlawfully discriminating against members of the target groups. Step 7—Set objectives and implementation strategy Set qualitative and quantitative objectives consistent with the purposes of this regulation and develop a strategy for implementing the EEO management plan to achieve the objectives. Step 8—Assess implementation Monitor and evaluate the implementation of the EEO management plan to assess whether the objectives have been achieved. ˙ ‘ Local government may amend EEO management plan ‘ 36E. A local government may amend its EEO management plan. ‘ Subdivision 3—Approval of plan ˙ ‘ Local government to give EEO management plan to the chief executive ‘ 36F.(1) A local government must give a copy of its EEO management plan to the chief executive of the department— (a) for a local government with 100 or more employees when this section commences—by 30 June 1996; or (b) for a local government with less than 100 employees when this section commences—by 30 June 1997; or (c) for a local government established after the

s5 8 s5 Local Government Amendment (No. 3) No. 398, 1995 commencement—within 1 year after it is established. ‘ (2) If the chief executive of the department is satisfied it is necessary for a time mentioned in subsection (1) to be changed for a local government, the chief executive may, by gazette notice, change the time for the particular local government. ˙ ‘ Local government to give amendment of EEO management plan to the chief executive ‘ 36G. A local government must give a copy of an amendment of its EEO management plan to the chief executive of the department as soon as the amendment is made. ˙ ‘ Chief executive must advise whether EEO management plan etc. supported ‘ 36H. Within 3 months of being given a local government’s EEO management plan or an amendment of the plan, the chief executive of the department must advise the local government whether or not the plan or amendment is supported. ‘ Subdivision 4—Implementation of plan ˙ ‘ Local government to give effect to EEO management plan ‘ 36I. A local government must take any action necessary to implement its EEO management plan. ˙ ‘ Employment powers to be exercised having regard to EEO management plan ‘ 36J. A person who exercises powers relating to employment matters in a local government must have regard to the local government’s EEO management plan in exercising the powers.

s5 9 s5 Local Government Amendment (No. 3) No. 398, 1995 ‘ Subdivision 5—Annual report ˙ ‘ Local government to give annual implementation and forward planning report to chief executive ‘ 36K.(1) This section applies to a local government after the local government must, under section 36F, give the chief executive of the department a copy of its EEO management plan. ‘ (2) Each financial year, the local government must give the chief executive a report on— (a) the implementation of its EEO management plan during the financial year; and (b) the local government’s forward plan for the implementation of its EEO management plan for the next financial year. ‘ (3) The local government must give the chief executive its report by 30 September in each year or a later time approved, in writing, by the chief executive. ‘ (4) The report must include details of the action taken during the financial year to comply with the steps set out in section 36D. 5 ‘ (5) The report for the next financial year must include— (a) details of the qualitative and quantitative objectives set for the next financial year and the action to be taken to achieve the objectives; and (b) a copy of any consequential amendment of the EEO management plan. 5 Section 36D (Steps to be followed in ongoing development of EEO management plan)

s 5 10 s 5 Local Government Amendment (No. 3) No. 398, 1995 ‘ Subdivision 6—Supervision by chief executive ˙ ‘ Chief executive may take action if dissatisfied with EEO management plan ‘ 36L.(1) This section applies if the chief executive of the department is dissatisfied with any matter relating to— (a) the preparation, implementation or outcome of a local government’s EEO management plan; or (b) a local government’s annual report under section 36K. ‘ (2) The chief executive may, by written notice, recommend to the local government’s chief executive officer the action the local government should take to overcome the dissatisfaction. ‘ (3) The notice must state the time within which the action must be taken. ˙ ‘ Local government to comply with recommendation unless chief executive notified ‘ 36M. A local government must comply with a notice given to its chief executive officer under section 36L(2) within the time stated for the action unless the chief executive officer gives the chief executive of the department written notice of the local government’s reason for not complying with the recommendation. ˙ ‘ Chief executive’s power when local government does not act or give satisfactory reasons ‘ 36N.(1) This section applies if the chief executive of the department is not satisfied— (a) the local government has taken the action the chief executive has recommended within the time stated for the action; or (b) about the local government’s reasons given in its notice for not complying with the recommendation. ‘ (2) The chief executive may—

s 5 11 s 5 Local Government Amendment (No. 3) No. 398, 1995 (a) report the matter to the Minister; or (b) refer the matter to the Anti-Discrimination Tribunal. ‘ Subdivision 7—Supervision by tribunal ˙ ‘ Tribunal may recommend conciliation ‘ 36O. If the Anti-Discrimination Tribunal believes a reference given to it under section 36N(2)(b) may be resolved by conciliation, the tribunal may recommend that the chief executive officer of the local government concerned and the chief executive of the department try to resolve the reference by conciliation. ˙ ‘ Otherwise tribunal must determine reference ‘ 36P. The Anti-Discrimination Tribunal must determine a reference given to it, unless the reference is resolved by conciliation because of a recommendation under section 36O. ˙ ‘ Tribunal may investigate a reference ‘ 36Q. The Anti-Discrimination Tribunal may hold an investigation into a reference. ˙ ‘ Legal representation with permission ‘ 36R. During an investigation into a reference, any of the following may be represented by a lawyer with the Anti-Discrimination Tribunal’s permission— (a) the chief executive of the department; (b) the local government concerned; (c) the local government’s chief executive officer.

s 5 12 s 5 Local Government Amendment (No. 3) No. 398, 1995 ˙ ‘ Tribunal’s powers at an investigation ‘ 36S.(1) For an investigation, the Anti-Discrimination Tribunal may require the particular local government or its chief executive officer— (a) to answer a question; or (b) to give the tribunal information; or (c) to produce to the tribunal a document or other thing; or (d) to give the tribunal a copy of a document. ‘ (2) A requirement under subsection (1) must— (a) be in writing; and (b) state or describe the information, document or thing required; and (c) state a reasonable time for compliance. ‘ (3) The local government or chief executive officer required to do something by the tribunal under subsection (1) must comply with the requirement even though— (a) compliance with a similar requirement in proceedings in a court of law might be excused on the grounds of public interest; or (b) the local government or chief executive officer might be able to claim privilege. ‘ (4) The local government or chief executive officer required to do something by the tribunal under subsection (1) may comply with the requirement even though the local government or chief executive officer is subject to a duty of secrecy or other restriction on disclosure. ‘ (5) An individual is not required under this regulation to answer a question, or give information, that might tend to incriminate the individual. ˙ ‘ End of reference ‘ 36T.(1) At the end of a reference, the Anti-Discrimination Tribunal must give a report (with or without recommendations) to the chief executive officer of the local government concerned and the chief executive of the department.

s 6 13 s 6 Local Government Amendment (No. 3) No. 398, 1995 ‘ (2) The chief executive of the department must give a copy of the report to the Minister as soon as practicable after receiving it. ˙ ‘ Recommendation may be to amend EEO management plan ‘ 36U. In a report under section 36T, the Anti-Discrimination Tribunal may recommend that a local government amend its EEO management plan in a particular way. ˙ ‘ Local government to comply with recommendation ‘ 36V. A local government must comply with a recommendation given in a report under section 36T. ‘ Subdivision 8—Tabling of reports and review of division ˙ ‘ Minister may table report ‘ 36W. The Minister may table in the Legislative Assembly a report given to the Minister under section 36N(2)(a) or 36T(2). 6 ˙ ‘ Review of division ‘ 36X. The Minister must cause a review of this division to be undertaken and completed by 30 June 1999, with a view to amending the division as is considered appropriate.’. ˙ Insertion of new sch 3 6. After schedule 2— insert — 6 Section 36N (Chief executive’s power when local government does not act or give satisfactory reasons) and section 36T (End of reference)

s 6 14 s 6 Local Government Amendment (No. 3) No. 398, 1995 ‘ SCHEDULE 3 ‘ DICTIONARY section 3 “Anti-Discrimination Tribunal” means the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1991 . “approved form” means a form approved under section 45. “EEO management plan” means an equal employment opportunity management plan required by section 36C. “employee” means an individual appointed or engaged— (a) under a contract of service (including on a full-time, part-time, permanent, casual or temporary basis); or (b) under a statutory appointment. “employment matters” means— (a) recruitment procedure, and selection criteria, for appointment or engagement of people as employees; or (b) promotion and transfer of employees; or (c) training and staff development for employees; or (d) terms and conditions of service and separation of employees; or (e) any other matter about the employment of employees. “joint arrangement” see section 7. “separation” includes voluntary and involuntary separation of a person from a local government. “target group” means— (a) people of the Aboriginal race of Australia or people who are descendants of the indigenous inhabitants of the Torres Strait Islands; or (b) people who have migrated to Australia and whose first language

s 6 15 s 6 Local Government Amendment (No. 3) No. 398, 1995 is a language other than English, and the children of those people; or (c) people with a physical, sensory, intellectual or psychiatric disability (whether the disability presently exists or previously existed but no longer exists); or (d) women. “trade union” means— (a) an industrial organisation within the meaning of the IndustrialRelations Act 1990 , section 5 that is an association of employees; or (b) an organisation of employees registered under the Industrial Relations Act 1988 (Cwlth). “unlawful discrimination” means discrimination that is unlawful under the Anti-Discrimination Act 1991 . “woman” means a person of the female sex irrespective of age.’. ENDNOTES 1. Made by the Governor in Council on 21 December 1995. 2. Notified in the gazette on 22 December 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. © State of Queensland 1995