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Legislation, Policy, Plans

Legislation, Policy, Plans - Index

Commonwealth Legislation

Disability Discrimination Act 1992

The Disability Discrimination Act 1992 makes discrimination or harassment on the grounds of a disability unlawful. The Act also makes harassment of a person because of a disability unlawful. The definition of disability is extensive and includes not only loss of bodily or mental functions, but also the presence in the body of organisms capable of causing disease or illness.

The ADF is exempt from the discrimination provisions in the Act:

"The Act recognises that the requirements of employment are more stringent in the ADF than those in other areas of Commonwealth employment. Thus, members, and potential members of the Services, must meet medical and fitness standards based on the inherent requirements of ADF service. The Act therefore, in effect, provides an exemption for persons employed on combat-related or peace keeping duties or persons performing the duties of chaplain or medical support persons in support of the forces engaged or likely to be engaged in combat, combat support or peace keeping duties."

Australian Human Rights Commission Act 1986

The Australian Human Rights Commission Act 1986 provides that complaints of discrimination in employment may be made on grounds detailed in International Labour Organisation (ILO) Convention 111.

Specifically, this Act defines discrimination to mean any distinction, exclusion or preference that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation on the basis of race, colour, sex (includes marital status), physical, mental, intellectual or psychiatric disability. It also includes impairment (including Human Immunodeficiency Virus (HIV) infection, whether real or imputed), nationality, religion, political opinion, national extraction, social origin, age, medical record, criminal record, sexual preference or trade union activity.

The ADF lawfully discriminates on some of these grounds, being justifiable as an 'inherent requirement of the job' and these include physical and mental disability, medical and criminal record and nationality.

Although the AHRC Act does not make employment discrimination unlawful, the Human Rights Commissioner is empowered to inquire into any act or practice of an employer that may constitute 'discrimination'. The Commission's objective is to promote the acceptance and observance of human rights and equal opportunity in Australia by developing public awareness of these rights through public inquiries, community education and individual complaint resolution.

Public Service Act 1999

The Public Service Act 1999 prohibits workplace harassment, promotes equity and diversity, and the Act and the Public Service Commissioner's Directions provide for Special Measures that allow for special programs to encourage the appointment to the APS of members of designated groups.
Section 10(1) of the Act sets out the APS Values and these have been amplified in the Public Service Commissioner's Directions. The following Values address equity and diversity issues:

the APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves;
the APS delivers services fairly, effectively, impartially and courteously to the Australian public and is sensitive to the diversity of the Australian public;
the APS establishes workplace relations that value communication, consultation, co-operation and input from employees on matters that affect their workplace;
the APS promotes equity in employment;
the APS provides a fair, flexible, safe and rewarding workplace;
the APS provides a reasonable opportunity to all eligible members of the community to apply for APS vacancies; and
the APS provides a fair system of review of decisions taken in respect of APS employees.

Occupational Health and Safety Act 1991

The Occupational Health and Safety Act 1991 places an obligation on all employers and employees to maintain a secure, healthy and safe working environment. An employer has a duty of care to take practical precautions to prevent workplace harassment and to deal promptly and effectively with any complaint of harassment. This duty of care is set out in the Comcare Australia publication The Employer's Duties under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Fair Work Act 2009

The Fair Work Act 2009 provides a balanced framework for cooperative and productive workplace relations, and promotes social inclusion and national economic prosperity for Australians. It provides workplace relations laws, outlines conditions under the National Employment Standards, focuses on flexible working arrangements to promote a balanced work/family life, promotes fairness and prevents discrimination, and outlines accessible and effective procedures to resolve grievances and disputes.

Defence Disability Action Plan

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The Defence Disability Action Plan was released in 2008 by our Disability Champion Phil Minns, DEPSEC PSP. It aims to develop an inclusive workplace and enable employees with disability to contribute to the achievement of Defence’s goals by removing restrictive barriers and providing equitable access for all Defence employees.

In 2006, the Australian Public Service Commission’s (APSC) Management Advisory Committee (MAC) produced a report, Employment of People with Disability in the APS, orthe MAC6 Report . The MAC6 report promotes the employment of people with disability in the APS through eight key objectives, and a set of better practise strategies to meet them. The objectives focus on improving workplace culture and policy, and aligning these with the needs of employees.

Following the release of the MAC6 Report, the APSC evaluated Government Agencies’ approaches to disability management, and identified elements of good practice across the APS. From this evaluation, the Ability at Work: Tapping the talent of people with disability Toolkit was released in June 2007. This toolkit was developed to assist agencies in their efforts to improve the way that they attract and retain people with disability, and offers guidance for managers and supervisors to achieve good business practise in the workplace.

The Defence Disability Action Plan was created in line with the MAC6 Report and the APSC Toolkit to develop more effective strategies to recruit, retain and develop people with disability in the Department. Actions have been grouped under the eight MAC6 objectives.

Objectives of the Defence Disability Action Plan

Objective 1	A culture that values diversity and actively promotes the employment of People with Disability (PwD)
Objective 2	Flexible recruitment strategies that are accessible to applicants with disability
Objective 3	Accessible training, cadetship and mentoring opportunities for PwD
Objective 4	Special employment measures to employ people with an intellectual disability
Objective 5	Accessible premises, workplaces and supportive work environments for PwD
Objective 6	Reduced complexity, cost and risk for managers employing PwD
Objective 7	Consistent conceptual framework for defining disability
Objective 8	Continuous improvement in recruiting and retaining PwD

Defence Policy

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Defence Reasonable Adjustment Policy (DRAP)

Reasonable Adjustment Policies and Procedures are foundation stones for the successful and equitable inclusion of people with disability in the workplace.

The DRAP aims to make it easier to attract skilled and talented people with disability, and to retain personnel who may acquire a disability throughout their working lives.

The DRAP is currently being developed and will replace the Defence Disability and Access Policy.

Workplace Equity and Diversity Plan (WEDP)

The WEDP 07-09 sets out principles and performance indicators for Service Chiefs and Group Heads, to ensure that equity and diversity is not only integrated into the day-to-day business of Services and Groups, but is being implemented with new strategies and initiatives to continue to develop a workplace free of unacceptable behaviour.

Groups and Services are responsible for reporting against the WEDP principles annually. This information is included in the Defence Annual Report , equity and diversity section. A summary of WEDP reporting for financial year 08-09 can be found here.

Defence Assistive Technology Program (DATP) Policy

The DATP provides a centralised funding body for assistive or specialised technology or equipment required by employees with a disability. The policy sets the boundaries for the DATP scope, and some guidelines for the process. The DATP policy is will be integrated into the DRAP.

DI(G) 35-3 Management and Reporting of Unacceptable Behaviour

Unacceptable behaviour is behaviour that, having regard to all of the circumstances, would be offensive, belittling, abusive or threatening to another person or adverse to morale, discipline or workplace cohesion, or otherwise not in the interests of Defence.

Unacceptable Behaviour is not tolerated in Defence.

The DI(G) 35-3 is the Defence policy that provides definitions, guidelines for management, and instruction on Unacceptable Behaviour in the workplace.

DPI 1/2001 Equity and Diversity in the Department of Defence

Equity and Diversity in the Department of Defence states the Defence policy on equity and diversity. All personnel are to comply with this policy and the principles of equity and diversity.

More publications can be found on the Fairness and Resolution Publications site

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