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AFFIRMATIVE ACTION (EQUAL OPPORTUNITY FOR WOMEN) BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Veterans' Affairs (Senator Gietzelt)-That this Bill be now read a second time-And on the amendment moved thereto by Senator Peter Baume, viz: At end of motion, add "", but in fully endorsing the principle of equal opportunity in employment and career advancement through merit, the Senate believes that-

(a) voluntary co-operation rather than additional Government regulation is the preferred method of achieving equal opportunity in employment; and

(b) this Bill-

(i) should build on the goodwill and expertise developed with private employers during the voluntary pilot program,

(ii) will add to the cost burdens of business, thereby reducing overall employment opportunities and increasing prices to consumers,

(iii) will increase the level of business regulation,

(iv) will establish yet another bureaucracy at a cost to the taxpayer, and

(v) will further extend the interference of trade unions in the activities of private employers''.

And on the amendment moved by Senator Knowles to Senator Peter Baume's proposed amendment-

At end of words proposed to be added, add:

"", and

(vi) will further erode business confidence at a time of national economic crisis which was not properly addressed by the 1986-87 Budget''.

Debate resumed.

And it being 4.15 p.m.-

Adjournment Negatived: The Acting Deputy-President (Senator Townley), under Sessional Order, put the Question-That the Senate do now adjourn-

Debate ensued.

The Senate divided-

AYES, 27

Senators- Alston Baume, Michael Baume, Peter Bjelke-Petersen Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 30

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Macklin Maguire Morris Ray Reynolds Richardson Robertson (Teller) Ryan Siddons Tate Vigor Zakharov

And so it was negatived.

Debate continued.

Question-That the words proposed to be added be added (Senator Knowles' amendment to Senator Peter Baume's proposed amendment)-put.

The Senate divided

AYES, 23

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hill Lewis MacGibbon Messner Newman Parer Puplick Reid Sheil (Teller) Short Teague Townley Walters Watson

NOES, 27

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Siddons Vigor Zakharov

And so it was negatived.

Question-That the words proposed to be added be added (Senator Peter Baume's proposed amendment)-put.

The Senate divided

AYES, 24

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid Sheil (Teller) Short Teague Townley Walters Watson

NOES, 27

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Siddons Vigor Zakharov

Amendment negatived accordingly.

Question-That this Bill be now read a second time-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole and debated.

Senator Peter Baume, by leave, moved the following amendments together, viz:

Page 1, Title, leave out the Title, insert the following Title:

An Act to promote equal opportunity in employment matters, to establish the office of the Director of Equal Opportunity, and for related purposes''.

Page 1, clause 1, lines 5 and 6, leave out the clause, insert the following clause:

""1. This Act may be cited as the Equal Opportunity in Employment Act 1986.''.

Page 2, sub-clause 3 (1), definition of ""affirmative action program'', lines 3 to 10, leave out the definition.

Page 2, sub-clause 3 (1), after definition of ""employment matters'', insert the following new definition:

"" "equal opportunity program', in relation to a relevant employer, means a program designed to ensure that-

(a) appropriate action is taken to eliminate any unjustified discrimination by the relevant employer against women in employment matters; and

(b) measures are taken by the relevant employer to promote equal opportunity in relation to employment matters;''.

Page 2, sub-clause 3 (1), definition of ""Director'', line 32, leave out the definition, insert the following definition:

"" "Director' means the director of Equal Opportunity;''.

Page 4, sub-clause 5 (4), line 22, leave out ""affirmative action program'', insert ""equal opportunity program''.

Page 5, heading of Part II, line 19, leave out the heading, insert the following heading:

PART II-EQUAL OPPORTUNITY PROGRAMS''.

Page 5, sub-clause 6 (1), line 23, leave out ""affirmative action program'', insert ""equal opportunity program''.

Page 5, sub-clause 6 (2), line 26, leave out ""affirmative action program'', insert ""equal opportunity program''.

Page 6, sub-clause 8 (1), lines 12 to 43, leave out ""affirmative action program'' (thrice occurring), insert ""equal opportunity program''.

Page 7, sub-clause 8 (2), line 1, leave out ""affirmative action program'', insert ""equal opportunity program''.

Page 7, sub-clause 9 (1), line 18, leave out the sub-clause, insert the following sub-clause:

""(1) There shall be a Director of Equal Opportunity.''.

Page 7, paragraph 10 (1) (a), line 24, leave out ""affirmative action programs'', insert ""equal opportunity programs''.

Page 7, paragraph 10 (1) (d), lines 30 and 31, leave out ""affirmative action programs'', insert ""equal opportunity programs''.

Page 7, paragraph 10 (1) (e), line 33, leave out ""affirmative action to achieve''.

Page 7, paragraph 10 (1) (f), line 36, leave out ""affirmative action to achieve''.

Page 8, paragraph 10 (1) (h), lines 1 and 2, leave out ""affirmative action to achieve''.

Page 8, sub-clause 13 (1), lines 32 to 40, leave out ""affirmative action program'' (twice occurring), insert ""equal opportunity program''.

Page 9, sub-paragraph 13 (3) (b) (i), line 10, leave out ""affirmative action program'', insert ""equal opportunity program''.

Page 9, paragraph 14 (2) (a), line 22, leave out ""affirmative action program'', insert ""equal opportunity program''.

Page 11, heading of Part V, line 1, leave out the heading, insert the following heading:

PART V-DIRECTOR OF EQUAL OPPORTUNITY''.

Page 13, sub-clause 31 (1), lines 23 and 24, leave out ""affirmative action programs'', insert ""equal opportunity programs''.

Page 13, paragraph 31 (3) (e), lines 34 and 35, leave out ""affirmative action programs'', insert ""equal opportunity programs''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 27

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones (Teller) McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson Ryan Siddons Vigor Zakharov

Amendments negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 1, after clause 2, insert the following new clause:

Purpose of Act

""2a. It is the purpose of this Act to promote equal opportunity in employment matters for all employees.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Walters moved an amendment, viz:

Page 3, sub-clause 3 (1), after the definition of ""higher education institution'', insert the following new definition:

"" "merit' means the suitability of a person for the discharge of duties of the kind to be performed in a capacity in which that person is employed or is proposed to be employed, and does not include preference for a person by reason of the sex, marital status or pregnancy of that person;''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 27

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Siddons Vigor Zakharov

Amendment negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 5, sub-clause 6 (3), line 31, leave out ""80'', insert ""90''.

Debate ensued.

Question-That the figure proposed to be left out be left out-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 26

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones (Teller) McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson Ryan Vigor Zakharov

Amendment negatived accordingly.

Senator Peter Baume, by leave, moved the following amendments together:

Page 2, sub-clause 3 (1), definition of ""authority'', lines 11 to 20, leave out the definition, insert the following definitions:

"" "authority of the Commonwealth' means-

(a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth, other than a higher education institution;

(b) the holder of an office established for a public purpose by or under a law of the Commonwealth; and

(c) an incorporated company over which the Commonwealth or a body referred to in paragraph (a) is in a position to exercise control;

"" "authority of a State or Territory' means-

(a) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory, other than a higher education institution;

(b) the holder of an office established for a public purpose by or under a law of a State or Territory; and

(c) an incorporated company over which a State or Territory or a body referred to in paragraph (a) is in a position to exercise control;''.

Page 3, sub-clause 3 (1), definition of ""relevant employer'', lines 13 and 14, leave out all words after paragraph (b), insert:

""and includes an authority of the Commonwealth, but does not include the Commonwealth, a State, a Territory, an authority of a State or a Territory, or a voluntary body;''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 26

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Vigor Zakharov

Amendments negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 2, sub-clause 3 (1), definition of ""employer'', lines 33 to 36, leave out the definition, insert the following definition:

"" "employer' means a person who employs a natural person under a contract of service;''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 3, after sub-clause 3 (2), insert the following new sub-clause:

""(2a) In this Act, a reference to an employer being an employer of a number of employees is a reference to an employer making available that number of places for full-time employees, whether those places are filled on a full-time, part-time or casual basis, or are filled by more than one employee on a job-sharing basis.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and negatived.

Senator Peter Baume, by leave, moved the following amendments together:

Page 2, sub-clause 3 (1), definition of ""discrimination'', lines 30 and 31, leave out the definition.

Page 3, sub-clause 3 (1), after the definition of ""trade union'', insert the following new definition:

"" "unjustified discrimination' means discrimination that is unlawful under the Sex Discrimination Act 1984;''.

Page 6, sub-paragraph 8 (1) (f) (i), line 37, before ""discrimination'', insert ""unjustified''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Senator Peter Baume moved an amendment, viz:

Page 5, sub-clause 5 (9), lines 4 to 8, leave out the sub-clause.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid Sheil (Teller) Short Teague Townley Vanstone Walters Watson

NOES, 26

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Vigor Zakharov

And so it was negatived.

Senator Peter Baume moved an amendment, viz:

Page 5, sub-clauses 6 (1) and (2), lines 21 to 26, leave out the sub-clauses, insert the following sub-clauses:

""(1) An employer who, on the commencement of this Act, is a relevant employer shall commence the development of an equal opportunity program on the operative day and shall commence the implementation of that program within the period of 6 months after the operative day.

""(2) Where, after the commencement of this Act, an employer becomes a relevant employer, the relevant employer shall commence the development of an equal opportunity program on the operative day and shall commence the implementation of that program within the period of 6 months after the operative day.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 5, sub-clause 6 (3), lines 27 to 31, leave out the sub-clause.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Senator Peter Baume moved an amendment, viz:

Page 6, paragraph 8 (1) (c), line 26, leave out ""each trade union having members'', insert ""employees''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Peter Baume, by leave, moved the following amendments together:

Page 7, paragraph 10 (1) (e), line 32, leave out "", educational programs and other programs'', insert ""and educational programs''.

Page 8, clause 10, at end of clause, add the following new sub-clauses:

""(3) Guidelines issued under paragraph (1) (b) shall be laid before each House of the Parliament within 15 sitting days of that House after such guidelines are issued.

""(4) Either House of the Parliament may, within 15 sitting days after guidelines have been laid before that House in accordance with sub-section (3), pass a resolution disapproving of any of those guidelines.

""(5) Any guidelines disapproved by either House of the Parliament under sub-section (4) shall be taken not to have been issued, and guidelines the same in substance as the disapproved guidelines shall not be issued within 6 months after that disapproval.''.

Page 8, after sub-clause 11 (1), insert the following new sub-clause:

""(1a) Directions given by the Minister under sub-section (1) shall not be directions in relation to particular relevant employers.''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Senator Peter Baume moved an amendment, viz:

Page 9, after clause 14, insert the following new clause:

Reports by subsidiaries

""14a. Notwithstanding sub-section 3 (2), where a corporation indicates in a report under section 13 or 14 that a corporation which is a subsidiary of that first-mentioned corporation is to lodge a separate report under that section, and the subsidiary corporation lodges such a separate report relating to employees of the subsidiary corporation, the first-mentioned corporation is not required in a report under that section to provide any information relating to the employees of the subsidiary corporation.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved an amendment, viz:

Page 10, clause 18, line 22, after ""further information'', insert ""in accordance with those sub-sections''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and negatived.

Senator Peter Baume, by leave, moved the following amendments together:

Page 13, sub-clause 30 (1), line 14, after ""The Director may,'', insert ""with the approval of the Minister,''.

Page 13, sub-clause 30 (2), at end of sub-clause, add ""with the approval of the Minister''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Senator Peter Baume, by leave, moved the following amendments together:

Page 13, sub-clause 31 (1), line 20, leave out ""the Minister may'', insert ""the Minister shall''.

Page 13, after sub-clause 31 (1), insert the following new sub-clauses:

""(1a) The Director shall consult each advisory committee in relation to any guidelines proposed to be issued under paragraph 10 (1) (b).

""(1b) The Minister and the Director shall consult regularly with each advisory committee established under sub-section (1) in relation to the matters referred to in that sub-section.''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Senator Peter Baume moved an amendment, viz:

Page 14, sub-clause 32 (1), line 33, leave out ""Penalty: $2,500 or imprisonment for 3 months, or both'', insert ""Penalty: $50,000 or imprisonment for 12 months, or both''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 15, after sub-clause 32 (3), insert the following new sub-clause:

""(3a) For the purposes of sub-section (3), the Freedom of Information Act 1982 shall not be taken to be an Act which permits information to be divulged or communicated, or a document to be produced, contrary to this section.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 26

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Vigor Zakharov

Amendment negatived accordingly.

Senator Peter Baume moved an amendment, viz:

Page 16, after clause 34, add the following new clause:

Termination of Act

""35. This Act, unless sooner repealed, shall cease to have effect at the expiration of 5 years after the day fixed under section 2.''.

Debate ensued.

Question-That the proposed new clause be added to the Bill-put.

The Committee divided-

AYES, 25

Senators- Alston Baume, Michael Baume, Peter Brownhill Carrick, Sir John Chaney Collard Durack Guilfoyle, Dame Margaret Hamer Hill Lewis MacGibbon Messner Newman Parer Puplick Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

NOES, 26

Senators- Aulich Black Button Childs Coates Coleman Colston Cooney Crowley Evans Foreman Giles Grimes Haines Jones McClelland McIntosh McKiernan Maguire Morris Ray Reynolds Robertson (Teller) Ryan Vigor Zakharov

And so it was negatived.

Bill agreed to.

Bill to be reported without amendment.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of the Minister for Community Services (Senator Grimes) the Report from the Committee was adopted.

The Minister for Education (Senator Ryan) moved-That this Bill be now read a third time.

Debate ensued.

Question-put and passed.

Bill read a third time.