Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"authority" means:
(a) an incorporated or unincorporated body or authority established for a public purpose:
(i) by an Act or by regulations made under an Act; or
(ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory );
being a body whose staff consists of, or includes, persons who are not APS employees; or
(b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;
but does not include a relevant employer as defined in section 3 of the Workplace Gender Equality Act 2012 .
"designated group" means any of the following classes of persons:
(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands ;
(b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;
(c) persons with a physical or mental disability;
(d) any other class of persons prescribed by the regulations for the purposes of this definition.
"discrimination" means:
(a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 ; or
(b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability.
"employee" means a natural person appointed or engaged:
(a) under a contract of service, whether on a full - time, part - time, casual or temporary basis; or
(b) under a contract for services.
"employment matters" includes:
(a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;
(b) promotion and transfer of employees;
(c) training and staff development for employees; and
(d) conditions of service of employees.
"operative day" , in relation to an authority, means the day specified in relation to that authority in subsection 5(2).
"overseas" means outside Australia .
"program" , in relation to a relevant authority, means an equal employment opportunity program designed to ensure that appropriate action is taken by the authority:
(a) to eliminate discrimination by it against; and
(b) to promote equal opportunity for;
women and persons in designated groups in relation to employment matters.
"relevant authority" means an authority that employs 40 or more employees in Australia .
"responsible Minister" , for a relevant authority, means:
(a) if the regulations prescribe a Minister as responsible for the authority--that Minister; or
(b) otherwise--the Minister responsible for the authority.
"trade union" means:
(a) an organisation of employees registered pursuant to 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.
(2) A reference to discrimination in relation to employment matters does not include a reference to discrimination that:
(a) is essential for the effective performance of the duties to which the employment matters relate; and
(b) is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 .
(3) For the purposes of this Act, an authority employs an employee in Australia if the contract, by which the employee is appointed or engaged, is made in Australia , notwithstanding that the employee may perform duties overseas.
(4) Nothing in this Act shall be taken to require any action incompatible with the principle that employment matters should be dealt with on the basis of merit.