EXPLANATORY STATEMENT
STATUTORY RULE 1986 NO. 282
ISSUED BY THE AUTHORITY OF THE PRIME MINISTER
AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) ACT 1986
AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) REGULATIONS
Section 34 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986 (“the Act”) provides that the Governor-General may make Regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act or necessary or convenient for the carrying out or giving effect to the Act.
Paragraph 7(1)(b) of the Act provides as follows:
“7. (1) For the purposes of sub-section 6(1), the operative day for a relevant employer is -
(a) in the case of a higher education institution - 1 August 1986 or such later day as is prescribed;”
The object of the Regulations is to provide that the prescribed date for higher education institutions is 1 October 1986.
The Act requires certain private sector employers and higher education institutions to promote equal employment opportunity for women, through the development and implementation of affirmative action programs. The provisions of the Act are phased in, through a series of operative days. The operative days for private sector employers covered by the Act are 1 February 1987, 1988 and 1989 (paragraph 7(1)(b)).
The consequence of the Regulations is that all universities and colleges of advanced education will be required to commence the development and implementation of an affirmative action program for women on 1 October 1986. Their first annual reports will be required to be lodged with the Director of Affirmative Action on 1 October 1987.
Overview
The Affirmative Action (Equal Employment Opportunity for Women) Act 1986 was enacted by the Commonwealth Parliament to address the underrepresentation of women in the workforce and to promote equal employment opportunities for women. The Act requires certain employers, including private sector employers and higher education institutions, to develop and implement affirmative action programs aimed at improving the employment status of women. One of the key mechanisms for achieving this objective is through the establishment of specific operative days, which mark the commencement of obligations for different categories of employers. The Affirmative Action (Equal Employment Opportunity for Women) Regulations 1986, made under section 34 of the Act, specify that higher education institutions, such as universities and colleges of advanced education, must begin their affirmative action programs on 1 October 1986, earlier than private sector employers, who have operative days in 1987, 1988, and 1989. This regulatory approach ensures a structured and phased implementation of the Act’s objectives across various sectors.
Scope and Application
The Affirmative Action (Equal Employment Opportunity for Women) Act 1986 applies to private sector employers with 100 or more employees and to all higher education institutions, mandating them to foster equal employment opportunities for women by developing and implementing affirmative action programs. The Act's provisions are rolled out progressively, with private sector employers facing operative days in 1987, 1988, and 1989. Specifically, higher education institutions, including universities and colleges of advanced education, must begin implementing these affirmative action programs on 1 October 1986. This requirement entails the submission of their first annual reports to the Director of Affirmative Action by 1 October 1987. The scope of the Act is national, applying across the Commonwealth of Australia, and is subject to regulations that can further specify implementation details, such as the prescribed dates for compliance. The Act does not, however, extend to public sector employers, and certain exclusions or exemptions may apply as detailed in subordinate instruments.
Key Provisions
The Affirmative Action (Equal Employment Opportunity for Women) Regulations, made under section 34 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986, set forth specific dates for the implementation of affirmative action programs for women in certain sectors. According to the Regulations, higher education institutions, such as universities and colleges of advanced education, are required to begin developing and implementing affirmative action programs by 1 October 1986 (paragraph 7(1)(b)). This date is later than the operative days specified for private sector employers, which are 1 February 1987, 1988, and 1989.
These Regulations impose clear obligations on higher education institutions to ensure that they are actively working towards equal employment opportunities for women. This involves creating detailed affirmative action programs that outline specific strategies, targets, and measures to improve the recruitment, retention, and promotion of women within these institutions. Additionally, the Regulations require that these institutions submit their first annual reports to the Director of Affirmative Action by 1 October 1987. These reports must detail the progress made in implementing their affirmative action programs and any challenges encountered.
Failure to comply with the provisions of the Act and the Regulations can result in various consequences. Although the Act does not explicitly detail the penalties for non-compliance, breaches may lead to enforcement actions, including investigations by the Director of Affirmative Action. Institutions found to be in non-compliance may face public scrutiny, recommendations for corrective actions, and in severe cases, legal proceedings. The specific penalties are not outlined in the Act, but the implications of non-compliance can be significant, affecting the institution's reputation and potentially its funding.