Legal Aid Act 1977

The commission’s powers in relation to employment matters must be exercised—

without patronage, favouritism or unjustified discrimination; and

with regard to the equal employment opportunity policy for the commission.

For the selection of a person for employment for longer than 3 months or for promotion, the commission’s powers must also be exercised in accordance with procedures that ensure that—

all employees who are eligible have, as far as practicable, a reasonable opportunity to apply for selection; and

the selection is made on the basis of an assessment of the relative suitability of the applicants having regard to—

the type of functions to be exercised; and

the abilities, qualifications, experience, personal qualities and potential for development of each applicant that are relevant to the exercise of the functions.

For subsection (1) (b), the commission must—

develop an equal employment opportunity policy for the commission; and

review the policy.

The commission must consult with each relevant staff organisation and other people the commission considers appropriate before developing or reviewing the equal employment opportunity policy.

As soon as practicable after the development or review of the equal employment opportunity policy, the commission must give the public sector standards commissioner written particulars of the policy.

The public sector standards commissioner may give written guidelines to the commission about—

the matters to be included in the equal employment opportunity policy; and

the development, implementation or review of the policy.

The commission must take any action necessary to give effect to the equal employment opportunity policy and to comply with any guidelines given under subsection (6).

The commission must give the Minister a written report about the operation of this section during each financial year.

In this section:

designated group means any of the following classes of people:

members of the Aboriginal race of Australia or people who are descendants of indigenous inhabitants of the Torres Strait Islands;

people who have migrated to Australia and whose first language is a language other than English, and their children;

people with physical or mental disabilities;

any other class of people declared by the regulations to be a designated group for this definition.

employment means—

appointment as a statutory officer of the commission under section 17; or

employment as a member of the staff of the commission under section 20.

employment matter, in relation to the commission, means—

the selection of people by the commission for employment or promotion; or

the transfer of employees; or

training and staff development for employees; or

the conditions of service of employees; or

any other matter related to the employment of people.

equal employment opportunity policy, in relation to the commission, means a policy designed to ensure that—

appropriate action is taken to eliminate unjustified discrimination against women and people in designated groups in relation to employment matters; and

measures are taken to enable employees who are women or people in designated groups to do the following as effectively as other people and to have equal opportunities with others in relation to other employment matters:

to compete for employment, transfer or promotion;

to pursue careers.

exercise, of a power, includes making a report or recommendation in relation to the exercise of the power.

promotion means movement within the commission resulting in an employee doing work, and being paid, at a higher level than previously.

relevant staff organisation means an organisation—

within the meaning of the Fair Work (Registered Organisations) Act 2009 (Cwlth); and

that people employed by the commission are eligible to join; and

that is a party to an industrial award that applies in relation to the salary payable for that employment.

unjustified discrimination includes—

discrimination that is an unlawful act under the Discrimination Act 1991; and

unjustified discrimination on the ground of age or social origin;

but does not include—

discrimination that is essential for the effective exercise of the relevant functions, is not an unlawful act under the Discrimination Act 1991 and is prescribed under the regulations; or

discrimination that is not an unlawful act under the Discrimination Act 1991 and is in accordance with the equal employment opportunity policy for the commission or with a policy prescribed under the regulations.