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        Contents
 
PART 1—PRELIMINARY
 s1.. Short title
 s2.. Commencement
 s3.. Definitions
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BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows.

PART 1—PRELIMINARY

 

1.   Short title

 

This Act may be cited as the Equal Opportunity in Public Employment Act 1992.

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2.   Commencement

 

This Act commences on a day to be fixed by proclamation.

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3.   Definitions

 

In this Act—

 

“agency” includes—

 

(a)    a unit of the public sector; and

 

(b)    the Police Service; and

 

(c)     a person or body that is prescribed by regulation;

 

but does not include an agency that is exempted under section 25;

 

“Anti-Discrimination Tribunal” means the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1991;

 

“chief executive”—

 

(a)    in relation to an agency that is a unit of the public sector because it is a department—means the chief executive in control of the department within the meaning of section 11 of the Public Service Management and Employment Act 1988; and

 

(b)    in relation to the Police Service—means the Commissioner of the Police Service within the meaning of the Police Service Administration Act 1990; and

 

(c)     in relation to any other agency—means the person who is the most senior person within the management of the agency;

 

“Commissioner for Public Sector Equity” means the Commissioner for Public Sector Equity appointed under section 5.2 of the Public Sector Management Commission Act 1990;

 

“department” has the meaning given in section 4(1) of the Public Service Management and Employment Act 1988;

 

“EEO management plan” means an equal employment opportunity management plan required by section 6;

 

“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 relating to the employment of employees;

 

“next reporting period”, in relation to a report, means the period of 1 year following the reporting period in relation to the report;

 

“Police Service” has the meaning given by section 1.4(1) of the Police Service Administration Act 1990;

 

“Public Sector Management Commission” has the meaning given by the Public Sector Management Commission Act 1990;

 

“reporting period”, in relation to a report, means—

 

(a)    unless the Commissioner for Public Sector Equity authorises a different period under section 14(5)—the financial year before the making of the report; or

 

(b)    the period authorised by the Commissioner for Public Sector Equity under section 14(5);

 

“separation” includes voluntary and involuntary separation of a person from an agency;

 

“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 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; or

 

(e)    a group of people that is prescribed by regulation;

 

“trade union” means—

 

(a)    an industrial organisation within the meaning of section 2.1(1) of the Industrial Relations Act 1990 that is an association of employees; or

 

(b)    an organisation of employees registered under the Industrial Relations Act 1988 of the Commonwealth;

 

“unit of the public sector” has the meaning given by section 1.3 of the Public Sector Management Commission Act 1990;

 

“unlawful discrimination” means discrimination that is unlawful under the Anti-Discrimination Act 1991;

 

“woman” means a person of the female sex irrespective of age.

 

 

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