An Act to require certain employers to promote equal opportunity
for women in employment, to establish the Equal Opportunity for Women in the
Workplace Agency and the office of the Director of Equal Opportunity for Women
in the Workplace, and for related purposes
Part I—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Equal
Opportunity for Women in the Workplace Act 1999.
2
Commencement [see
Note 1]
This Act shall come into operation on a
day to be fixed by Proclamation.
2A
Objects of Act
The principal objects of this Act are:
(a) to promote the principle that
employment for women should be dealt with on the basis of merit; and
(b) to promote, amongst employers, the
elimination of discrimination against, and the provision of equal opportunity
for, women in relation to employment matters; and
(c) to foster workplace consultation
between employers and employees on issues concerning equal opportunity for
women in relation to employment.
3
Interpretation
(1) In this
Act, unless the contrary intention appears:
Agency means the Equal Opportunity for Women
in the Workplace Agency.
authority means:
(a) a body (whether incorporated or
not) established for a public purpose by or under a law of the Commonwealth or
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 the Commonwealth or of a
State or Territory; and
(c) an incorporated company over which
the Commonwealth, a State, a Territory or a body referred to in paragraph (a)
is in a position to exercise control.
appoint includes re‑appoint.
club means an association (whether
incorporated or not) of not less than 30 persons associated together for
social, literary, cultural, political, sporting, athletic or other lawful
purposes that:
(a) provides and maintains its
facilities, in whole or in part, from the funds of the association; and
(b) sells or supplies liquor for
consumption on its premises.
confidential report means a confidential
report referred to in section 14.
discrimination means discrimination as
defined in section 5, 6 or 7 of the Sex Discrimination Act 1984.
Director means the Director of Equal
Opportunity for Women in the Workplace.
employer means an individual, or a body or
association (whether incorporated or not), that employs an individual:
(a) under a contract of service,
whether on a full‑time, part‑time, casual or temporary basis; or
(b) under a contract for services; or
(c) as described in subsection (5)
or (6).
employment matters includes the following:
(a) the recruitment procedure, and
selection criteria, for appointment or engagement of persons as employees;
(b) the promotion, transfer and
termination of employment of employees;
(c) training and development for
employees;
(d) work organisation;
(e) conditions of service of
employees;
(f) arrangements for
dealing with sex‑based harassment of women in the workplace;
(g) arrangements for dealing with
pregnant, or potentially pregnant employees and employees who are breastfeeding
their children.
equal opportunity for women in the workplace program,
in relation to a relevant employer, means a program designed to ensure that:
(a) appropriate action is taken to eliminate
all forms of discrimination by the relevant employer against women in relation
to employment matters; and
(b) measures are taken by the relevant
employer to contribute to the achievement of equal opportunity for women
in relation to employment matters.
higher education institution means a
university or other institution of higher education that is included in:
(a) the Australian Qualifications
Framework Register of Authorities empowered by Government to Accredit Post‑Compulsory
Education and Training; or
(b) the Australian Qualifications
Framework Register of Bodies with Authority to Issue Qualifications;
as an institution authorised to issue higher
education awards (within the meaning of Higher Education Support Act 2003).
potentially pregnant has the meaning given by
section 4B of the Sex Discrimination Act 1984.
public report means a public report referred
to in section 13.
relevant employer means:
(a) a higher education institution
that is an employer; or
(b) a
natural person, or a body or association (whether incorporated or not), being
the employer of 100 or more employees in Australia;
but does not include the Commonwealth, a State, a
Territory or an authority.
trade union means:
(a) an association of employees that
is registered or recognised under the Fair Work (Registered Organisations)
Act 2009; or
(b) a trade union within the meaning
of a State Act or law of a Territory.
woman means a member of the female sex
irrespective of age.
workplace profile, in relation to a relevant
employer, means factual information as to the composition of the employer’s
workforce.
workplace program is short for equal
opportunity for women in the workplace program.
(2) For the purpose of paragraph (b) of
the definition of relevant employer in subsection (1):
(a) a corporation employs a person
where the person is employed by another corporation which is a subsidiary of
the first‑mentioned corporation; and
(b) the question whether a corporation
is a subsidiary of another corporation shall be determined as it would be
determined for the purposes of the Corporations Act 2001.
(3) Where, in accordance with section 4,
this Act extends to Norfolk Island, a reference in this Act to Australia
includes a reference to Norfolk Island.
(4) Nothing in this Act shall be taken to
require a relevant employer to take any action incompatible with the principle
that employment matters should be dealt with on the basis of merit.
(5) For the purposes of this Act, an elected
trade union official is taken to be employed by the trade union, and not by any
other employer, and this subsection has effect even if the rules of the trade
union have an effect contrary to this subsection, or do not deal with the
question at all.
(6) For the purposes of this Act, during any
time when a Group Training Scheme:
(a) is receiving funding support from
the Commonwealth Government; and
(b) has placed a trainee in employment
with a host employer; and
(c) pays
the trainee, and receives payments from the host employer, for the services
rendered by the trainee to the host employer;
the trainee is taken to be employed by the Scheme and not
by the host employer.
4
Extension to Norfolk Island
If, and so long as, the regulations so
prescribe, this Act extends to Norfolk Island.
5
Application of Act
(1) Without prejudice to its effect apart
from this section, this Act also has effect as provided by this section.
(2) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to employment were,
by express provision, confined to employment in connection with trade and
commerce:
(a) between Australia and a place
outside Australia;
(b) between the States; or
(c) within a Territory, between a
State and a Territory, or between two Territories.
(3) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to employment were,
by express provision, confined to employment in connection with the provision
of a broadcasting service specified in section 11 of the Broadcasting
Services Act 1992.
(4) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to a workplace
program were, by express provision, confined to a program for the gathering of
statistics and related information concerning employment by a relevant
employer.
(5) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to employment were,
by express provision, confined to employment in connection with the business of
banking, other than State banking that does not extend beyond the limits of the
State concerned.
(6) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to employment were,
by express provision, confined to employment in connection with the business of
insurance, other than State insurance that does not extend beyond the limits of
the State concerned.
(7) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to a relevant
employer were, by express provision, confined to a relevant employer that is a
foreign corporation, or a trading or financial corporation formed within the
limits of the Commonwealth.
(8) By virtue of this subsection, this Act
has the effect it would have if each reference in this Act to employment by a
relevant employer were, by express provision, confined to employment by a
trading or financial corporation formed within the limits of the Commonwealth,
being employment in connection with the trading or financial activities, as the
case may be, of that corporation.
(9) By virtue of this subsection, this Act
has the effect it would have to the extent that this Act is appropriate to give
effect to, or carry out the purposes of, the Convention on the Elimination of
all Forms of Discrimination Against Women, a copy of the English text of which
is set out in the Schedule to the Sex Discrimination Act 1984.
(10) By virtue of this subsection, this Act has
the effect it would have if each reference in this Act to employment were, by
express provision, confined to employment in a Territory.
(11) By virtue of this subsection, this Act has
the effect it would have if each reference in this Act to a relevant employer
were, by express provision, confined to a relevant employer that is a
corporation incorporated in a Territory.
(12) In this section, foreign corporation
and trading or financial corporation have the same meanings as in
paragraph 51(xx) of the Constitution.
5A
Application of Criminal Code
Chapter 2 of the Criminal Code applies
to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets
out the general principles of criminal responsibility.
Part II—Equal opportunity for women in the workplace programs
6
Employers required to develop equal opportunity for women in the workplace
programs
(1) An employer:
(a) who is a relevant employer on the
commencement of this section; or
(b) who becomes a relevant employer
after the commencement of this section;
must develop and implement workplace programs.
(2) If, at any time, an employer ceases to be
a relevant employer because the number of employees of the employer falls below
100, this Act continues to apply to the employer as if the employer were a
relevant employer unless and until the number of employees falls below 80.
8
Equal opportunity for women in the workplace program
(1) Before developing a workplace program, a
relevant employer must:
(a) confer responsibility for the
development and implementation of the program (including continuous review of
the program) on a person or persons having sufficient authority and status
within the management of the relevant employer to enable the person or persons
properly to develop and implement the program; and
(b) consult with employees (or their
nominated representatives) of the relevant employer, particularly employees who
are women.
(2) In preparing a workplace program, a
relevant employer must prepare a workplace profile. The workplace profile must
relate to the employer’s workplace at a specified date occurring not more than
6 months before the start of the period to which the program relates.
(3) After preparing the profile, the relevant
employer must prepare an analysis of the issues relating to employment matters
that the employer would need to address to achieve equal opportunity for women
in the employer’s workplace.
(4) The program must provide for:
(a) actions to be taken in relation to
priority issues identified in the analysis; and
(b) evaluation of the effectiveness of
the actions in achieving equal opportunity for women in the employer’s
workplace.
(5) A workplace program of a relevant
employer may contain any other provision that the relevant employer thinks fit
that is not inconsistent with the objects of this Act.
(6) A relevant employer must have a workplace
program for each reporting period (see section 13A).
Part III—Equal Opportunity for Women in the Workplace Agency
8A
Equal Opportunity for Women in the Workplace Agency
(1) The Equal Opportunity for Women in the
Workplace Agency is established.
(2) The Agency consists of the Director of
Equal Opportunity for Women in the Workplace and the staff referred to in
section 29.
9
Director
(1) There shall be a Director of Equal
Opportunity for Women in the Workplace.
(2) The Director has the management of the
Agency.
10
Functions and powers of Agency
(1) The functions of the Agency are:
(a) to advise and assist relevant
employers in the development and implementation of workplace programs;
(b) to issue guidelines to assist relevant
employers to achieve the purposes of this Act;
(c) to monitor the lodging of reports
by relevant employers as required by this Act and to review those reports and
deal with them in accordance with this Act;
(d) to monitor and evaluate the effectiveness
of workplace programs in achieving the purposes of this Act;
(e) to undertake research, educational
programs and other programs for the purpose of promoting equal opportunity for
women in the workplace;
(f) to promote understanding and
acceptance, and public discussion, of equal opportunity for women in the
workplace;
(g) to review the effectiveness of
this Act in achieving its purposes; and
(h) to report to the Minister on such
matters in relation to equal opportunity for women in the workplace as the
Agency thinks fit (including a review under paragraph (g)).
(2) In addition to any other powers conferred
on the Agency by this Act, the Agency has power to do all things necessary or
convenient to be done for or in connection with the performance of the
functions of the Agency.
11
Directions by Minister
(1) The Agency is to exercise its powers and
perform its functions in accordance with general instructions given by the
Minister in writing.
(2) Where the Minister gives a direction
under subsection (1), the Minister shall cause a copy of the direction to
be laid before each House of the Parliament within 15 sitting days of that
House after the direction is given.
12
Agency to submit reports to Minister
(1) The Agency must, as soon as practicable,
and in any event within 6 months, after each 31 May, submit to the
Minister a report on its operations during the year that ended on that 31 May.
(2) The Agency may, from time to time, submit
to the Minister:
(a) a report on the operations of the
Agency during the period to which the report relates; or
(b) a report in respect of any matter
relating to, or connected with, the exercise of the powers, or the performance
of the functions, of the Agency under this Act.
(3) Where a report has been submitted to the
Minister under subsection (1) or (2), the Minister shall cause a copy of
the report to be laid before each House of the Parliament within 15 sitting
days of that House after the day on which the Minister receives the report.
Part IV—Reports by relevant employers
13
Contents of public report
(1) A relevant employer must prepare, in
respect of each reporting period (see section 13A), a public report in
writing about the outcomes of the employer’s workplace program.
(2) The public report must:
(a) set out the workplace profile; and
(b) describe the employer’s analysis
of the issues in the employer’s workplace relating to equal opportunity
for women; and
(c) describe the actions taken by the
employer during the reporting period to address the priority issues identified
in the analysis; and
(d) describe the actions that the
employer plans to take in the next reporting period to address issues in the
employer’s workplace relating to employment matters that the employer would
need to address to achieve equal opportunity for women in the employer’s
workplace.
(3) The report may contain an evaluation of
the effectiveness of the actions in achieving equal opportunity for women in
the employer’s workplace. If the public report does not contain such an
evaluation, the evaluation must be submitted in a confidential report under
section 14.
13A
Reporting periods for reports
(1) A relevant employer must lodge with the
Agency public reports in respect of each of the periods set out in this section
unless subsection (3) applies to the employer in respect of a reporting
period.
(2) A relevant employer must prepare a public
report in respect of the period of 12 months commencing on 1 April 2000 and after that, in respect of each consecutive period of 12 months.
(3) If the relevant employer had the status
of relevant employer for less than 6 months of a particular reporting period,
the employer does not have to comply with an obligation under this section to
report in respect of that particular period.
13B
When public reports are due
Unless a relevant employer has received
an extension of time in which to lodge a report under section 17, the
employer must lodge a public report under section 13A within 2 months
after the end of the period to which the report relates.
13C
Agency may waive public reporting requirements
(1) The Agency may waive the reporting
requirements set out in sections 13, 13A and 13B in respect of a relevant
employer:
(a) on application in writing made to
it by the relevant employer; or
(b) on its own initiative;
but only if the relevant employer has complied with those
requirements for a period of not less than 3 consecutive reporting years,
including a period of 3 reporting years beginning before the commencement of
this section.
(2) Before the Agency waives the reporting
requirements in respect of a relevant employer, the Agency must be satisfied
that the employer has taken all reasonably practicable measures to address the
issues relating to employment matters that affect equal opportunity for women
in the employer’s workplace.
(3) In making a decision under subsection (2),
the Agency must have regard to regulations, if any, made for the purposes of subsection (5).
(4) The waiver must be in writing and specify
the period for which the waiver operates.
(5) The regulations may prescribe matters to
be taken into account by the Agency when determining if it is satisfied that a
relevant employer has taken all reasonably practicable measures to address the
issues relating to employment matters that affect equal opportunity for women
in the employer’s workplace.
14
Confidential reports of employer evaluations
(1) A relevant employer may choose to lodge,
as a confidential report, the employer’s evaluation of the actions taken by the
employer to address the issues in the employer’s workplace relating to equal
opportunity for women.
(2) In the evaluation, the employer must
assess the effectiveness of the actions in achieving equal opportunity for
women in the workplace.
(3) A confidential report must be in writing
and lodged with the Agency during the same period that the public report, of
which the confidential report is a part, is required to be lodged.
15 Use
of public report
A public report, or a part of a public
report (including a copy of the report or part of the report):
(a) shall be made available by the
Agency to a member of the public, on application; and
(b) may be used, either in whole or in
part, in a report of the Agency under subsection 12(1) or (2).
16
Request to relevant employer
(1) The Agency may, in writing, request that
information which the relevant employer has included in a confidential report
be made available to the public or for use, either in whole or in part, in a
report of the Agency under subsection 12(1) or (2).
(2) Where a relevant employer has received a
request by the Agency under subsection (1), the relevant employer may, in
writing, consent to:
(a) the Agency making that information
available to the public; or
(b) the
Agency using that information in a report of the Agency under subsection 12(1)
or (2);
subject to such conditions as the relevant employer
specifies in the consent.
17
Agency may grant extensions
(1) A relevant employer may, before the end
of the 2 months within which the relevant employer is required to lodge with
the Agency a public report under section 13B, apply to the Agency to
extend the period for a further period to enable the employer to lodge the
public report or a confidential report.
(2) Where the Agency:
(a) has received a request under subsection (1)
to extend a period in respect of a report; and
(b) considers
that there are reasonable grounds for extending the period;
the Agency may grant an extension in respect of the report
for such period, not exceeding 6 months, as the Agency thinks fit.
18
Agency may request information
If a public report or confidential
report has been lodged with the Agency by a relevant employer, the Agency may,
by notice in writing, request the employer to provide to the Agency such information
as is specified in the notice concerning any aspect of:
(a) the employer’s workplace program;
or
(b) the preparation of the report; or
(c) the report itself.
19
Failure to submit report or further information
(1) Where, without reasonable excuse, a
relevant employer:
(a) fails to lodge a public report or
confidential report as required by this Part; or
(b) fails
to provide further information in accordance with a notice given under section 18;
the Agency may, subject to subsection (2), name the
relevant employer in a report of the Agency under subsection 12(1) or (2) as
having failed to provide the report or further information, as the case may be.
(2) Where the Agency proposes to name a
relevant employer in a report under subsection 12(1) or (2), the Agency shall,
not less than 28 days before the day on which the report is submitted to the
Minister, furnish the relevant employer with a notice in writing stating that
the Agency proposes so to name the employer and specifying the reasons for the
proposal.
Part V—Director of Equal Opportunity for Women in the Workplace
20
Appointment of Director
(1) The Director shall be appointed by the
Governor‑General.
21
Tenure of Director
(1) The Director holds office for such
period, not exceeding 5 years, as is specified in the instrument of
appointment, but is eligible for re‑appointment.
(2) The Director holds office, subject to
this Part, on such terms and conditions as are determined by the Governor‑General.
22
Remuneration and allowances
(1) The Director shall be paid:
(a) such remuneration as is determined
by the Remuneration Tribunal; and
(b) such allowances as are prescribed.
(2) This section has effect subject to the
Remuneration Tribunal Act 1973.
23
Leave of absence
The Minister may grant leave of absence
to the Director upon such terms and conditions as to remuneration or otherwise
as the Minister determines.
24
Outside employment
The Director shall not engage in paid
employment outside the duties of the office of Director except with the
approval of the Minister.
25
Resignation
The Director may resign the office of
Director by writing signed and delivered to the Governor‑General.
26
Termination of appointment
(1) The Governor‑General may terminate
the appointment of the Director for misbehaviour or physical or mental
incapacity.
(2) If the Director:
(a) becomes bankrupt, applies to take
the benefit of any law for the relief of bankrupt or insolvent debtors,
compounds with creditors or makes an assignment of remuneration for their
benefit;
(b) engages, except with the approval
of the Minister, in paid employment outside the duties of the office of
Director;
(c) is absent from duty, except on
leave of absence granted by the Minister, for 14 consecutive days or 28 days in
any 12 months; or
(d) without
reasonable excuse, contravenes section 27;
the Governor‑General shall terminate the appointment
of the Director.
27
Disclosure of interest
The Director shall give written notice
to the Minister of all direct or indirect pecuniary interests that the Director
has or acquires in, or in relation to, a relevant employer.
28
Acting appointment
(1) The Minister may appoint a person to act
as the Director:
(a) during a vacancy in the office of
Director (whether or not an appointment has previously been made to the
office); or
(b) during
any period, or during all periods, when the Director is absent from duty or
from Australia or is, for any reason, unable to perform the duties of the
office of Director;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(2) While a person is acting as the Director,
the person has and may exercise all the powers, and shall perform all the
functions, of the Director.
(3) An appointment of a person to act as
Director may be expressed to have effect only in such circumstances as are
specified in the instrument of appointment.
(4) The
Minister may:
(a) determine the terms and conditions
of appointment, including remuneration and allowances, of a person appointed to
act as the Director; and
(b) terminate such an appointment at
any time.
(5) Where a person is acting as the Director
otherwise than by reason of a vacancy in the office of Director, and the office
of Director becomes vacant while the person is so acting, then, subject to subsection (3),
the person may continue so to act until the Minister otherwise directs, the
vacancy is filled or a period of 12 months from the date on which the vacancy
occurred expires, whichever first happens.
(6) A person appointed to act as the Director
may resign by writing signed and delivered to the Minister.
(7) The validity of anything done by or in
relation to a person purporting to act as the Director shall not be called in
question on the ground that the occasion for the appointment had not arisen,
that there was a defect or irregularity in or in connection with the
appointment, that the appointment had ceased to have effect or that the
occasion for the person to act had not arisen or had ceased.
Part VI—Miscellaneous
29
Staff
(1) The staff required for the purposes of
this Act shall be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service
Act 1999:
(a) the Director and the APS employees
assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that
Statutory Agency.
30
Consultants
(1) The Agency may, on behalf of the
Commonwealth, engage as consultants to the Agency persons having suitable
qualifications and experience.
(2) The terms and conditions of engagement of
persons engaged under subsection (1) are such as are determined by the
Agency.
31
Advisory committees
(1) Subject to this section the Minister may,
in consultation with the Agency, establish such advisory committees as the
Minister considers necessary for the purpose of giving advice to the Minister
and to the Agency on particular matters or classes of matters relating to
workplace programs, functions of the Agency or the operation of this Act.
(2) An advisory committee shall consist of
such persons as the Minister from time to time appoints.
(3) For the purposes of assisting the
Minister in the appointment of the members of an advisory committee, the Agency
may provide the Minister with a list of the names of persons:
(a) representing industry or business
(including a part of an industry);
(b) representing trade unions;
(c) representing higher education
institutions;
(d) representing organisations who
represent women; or
(e) having special knowledge or
interest in relation to workplace programs, the functions of the Agency or the
operation of this Act.
(4) A member of an advisory committee holds
office for such period as is specified in the instrument of appointment, but is
eligible for re‑appointment.
(5) A member of an advisory committee may
resign from office by writing signed and delivered to the Minister.
(6) The number of members of an advisory
committee required to constitute a quorum at a meeting of that advisory
committee shall be as determined by the Minister.
(7) If the Minister decides that a member of
an advisory committee should be remunerated, that member shall be paid such
remuneration as is determined by the Remuneration Tribunal.
(8) A member of an advisory committee shall
be paid such allowances as are prescribed.
(9) Subsections (7) and (8) have effect
subject to the Remuneration Tribunal Act 1973.
32 Non‑disclosure
of confidential information
(1) A person who is, or has at any time been,
the Director or a member of the staff referred to in section 29 or a
consultant engaged under section 30 or is, or has at any time been,
authorised to perform or exercise any function or power under an arrangement in
force under section 33, shall not, either directly or indirectly:
(a) make a record of, or divulge or
communicate to any person, any information relating to a confidential report or
confidential information acquired by the first‑mentioned person by reason
of that person’s office, employment or engagement under or for the purposes of
this Act or by reason of that person being or having been so authorised;
(b) make use of any such report or
information as is mentioned in paragraph (a); or
(c) produce
to any person a confidential report or a document relating to confidential
information of another person furnished for the purposes of this Act.
Penalty: 25 penalty units or imprisonment for 3 months, or
both.
(1A) Subsection (1) does not apply to a
person’s conduct:
(a) if the person is:
(i) performing a duty
under, or in connection with, this Act; or
(ii) performing a function,
or exercising a power, under an arrangement in force under section 33; or
(b) to the extent that the conduct
relates to a report, or to information, that is the subject of a consent under
subsection 16(2).
Note: A defendant bears an evidential burden in
relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
(2) A person who is, or has at any time been,
the Director or a member of the staff referred to in section 29 or a consultant
engaged under section 30 or is, or has at any time been, authorised to
perform or exercise any function or power under an arrangement in force under
section 33, shall not be required:
(a) to divulge or communicate to a
court any information relating to a confidential report or confidential
information acquired by the first‑mentioned person by reason of that
person’s office, employment or engagement under or for the purposes of this Act
or by reason of that person being or having been so authorised; or
(b) to
produce in a court a confidential report or a document relating to confidential
information of which the first‑ mentioned person has custody, or to which
that person has access, by reason of that person’s office, employment or
engagement under or for the purposes of this Act or by reason of that person
being or having been so authorised;
except to the extent that the report or information was
the subject of a consent under subsection 16(2) or where it is necessary to do
so for the purposes of this Act.
(3) Nothing in this section prohibits a
person from:
(a) divulging or communicating
information, or producing a document, to the Agency or an officer of a State,
in accordance with an arrangement in force under section 33; or
(b) divulging or communicating
information, or producing a document, that is required or permitted by an Act
to be divulged, communicated or produced, as the case may be.
(4) In this section:
confidential information means information
which, at the time when it is supplied by a relevant employer, the relevant
employer has specified as being supplied in confidence.
court includes any tribunal, authority or
person having power to require the production of documents or the answering of
questions.
produce includes permit access to.
33
Delegation
(1) The Director may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by the
Director, delegate to:
(a) a person referred to in subsection
29(1); or
(b) an
officer in respect of whom an arrangement is in force under subsection (4);
all or any of the powers and functions of the Agency under
this Act other than this power of delegation.
(2) A power or function so delegated, when
exercised or performed by the delegate, shall, for the purposes of this Act, be
deemed to have been exercised or performed by the Agency.
(3) A delegation under this section does not
prevent the exercise of a power or the performance of a function by the Agency.
(4) The Minister may make an arrangement with
a Minister of a State for and in relation to the exercise of powers, and the
performance of functions, of the Agency under this Act by an officer of the
State.
(5) In relation to higher education
institutions, the Minister may make an arrangement with a Minister of a State
for the Agency and an officer of the State to co‑operate, to the extent
specified in the arrangement, in:
(a) exchanging information relating to
the development and implementation of workplace programs; and
(b) developing guidelines to be issued
under paragraph 10(1)(b).
(6) An arrangement may contain such
incidental or supplementary provisions as the Minister and the Minister of the
State think necessary.
(7) The Minister may arrange with the
Minister of a State with whom an arrangement is in force for the variation or
revocation of the arrangement.
(8) An arrangement, or the variation or
revocation of an arrangement, shall be in writing and a copy of each instrument
by which an arrangement has been made, varied or revoked shall be published in
the Gazette.
34
Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.