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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Equal Opportunity Amendment (Family
Responsibilities) Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Objectives 2
5 Definitions 2
6 Meaning of discrimination 3
7 New section 13A inserted 3
13A Employer must accommodate responsibilities as
parent or carer of person offered employment 3
8 New section 14A inserted 5
14A Employer must accommodate employee's
responsibilities as parent or carer 5
9 New section 15A inserted 6
15A Principal must accommodate contract worker's
responsibilities as parent or carer 6
10 New section 31A inserted 8
31A Firm must accommodate responsibilities as parent or
carer of person invited to become a partner or of a
partner 8
11 Repeal of Act 9
ENDNOTES 10
561082B.I-10/10/2007 i BILL LA INTRODUCTION 10/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Equal Opportunity Amendment (Family
Responsibilities) Bill 2007
A Bill for an Act to amend the Equal Opportunity Act 1995 to
expand the range of what constitutes discrimination against parents or
carers in employment or employment-related areas and for other
purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Equal Opportunity Act 1995 to expand the range
of what constitutes discrimination against parents
5 or carers in employment or employment-related
areas.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
561082B.I-10/10/2007 1 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 3
(2) If this Act does not come into operation before
1 September 2008, it comes into operation on that
day.
3 Principal Act
5 See:
Act No.
In this Act, the Equal Opportunity Act 1995 is
42/1995. called the Principal Act.
Reprint No. 5
as at
10 May 2007
and
amending
Act Nos
24/2006,
69/2006 and
16/2007.
LawToday:
www.
legislation.
vic.gov.au
4 Objectives
In section 3(b) of the Principal Act omit
"by prohibiting discrimination on the basis of
10 various attributes".
5 Definitions
Insert the following definition in section 4(1) of
the Principal Act--
"work arrangements means--
15 (a) in the case of a person offered
employment, arrangements--
(i) that would apply to the person as
an employee; or
(ii) applying to the workplace; or
20 (b) in the case of an employee,
arrangements applying to the employee
or the workplace; or
561082B.I-10/10/2007 2 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 6
(c) in the case of a contract worker (within
the meaning of section 15),
arrangements applying to the contract
worker or the workplace of the
5 principal (within the meaning of that
section); or
(d) in the case of a person invited to
become a partner, arrangements--
(i) that would apply to the person as a
10 partner; or
(ii) applying to the firm's workplace;
or
(e) in the case of a partner, arrangements
applying to the partner or the firm's
15 workplace.".
6 Meaning of discrimination
In section 7(1) of the Principal Act, after
"attribute" insert "or a contravention of
section 13A, 14A, 15A, 31A, 51 or 52".
20 7 New section 13A inserted
After section 13 of the Principal Act insert--
"13A Employer must accommodate
responsibilities as parent or carer of
person offered employment
25 (1) An employer must not, in relation to the
work arrangements of a person offered
employment, unreasonably refuse to
accommodate the responsibilities that the
person has as a parent or carer.
30 Example
An employer may be able to accommodate a person's
responsibilities as a parent or carer by offering work
on the basis that the person could work additional
daily hours to provide for a shorter working week or
35 occasionally work from home.
561082B.I-10/10/2007 3 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 7
(2) In determining whether an employer
unreasonably refuses to accommodate the
responsibilities that a person has as a parent
or carer, all relevant facts and circumstances
5 must be considered, including--
(a) the person's circumstances, including
the nature of his or her responsibilities
as a parent or carer; and
(b) the nature of the role that is on offer;
10 and
(c) the nature of the arrangements required
to accommodate those responsibilities;
and
(d) the financial circumstances of the
15 employer; and
(e) the size and nature of the workplace
and the employer's business; and
(f) the effect on the workplace and the
employer's business of accommodating
20 those responsibilities, including--
(i) the financial impact of doing so;
(ii) the number of persons who would
benefit from or be disadvantaged
by doing so;
25 (iii) the impact on efficiency and
productivity and, if applicable, on
customer service of doing so; and
(g) the consequences for the employer of
making such accommodation; and
30 (h) the consequences for the person of not
making such accommodation.".
561082B.I-10/10/2007 4 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 8
8 New section 14A inserted
After section 14 of the Principal Act insert--
"14A Employer must accommodate employee's
responsibilities as parent or carer
5 (1) An employer must not, in relation to the
work arrangements of an employee,
unreasonably refuse to accommodate the
responsibilities that the employee has as a
parent or carer.
10 Example
An employer may be able to accommodate an
employee's responsibilities as a parent or carer by
allowing the employee to work from home on a
Wednesday morning or have a later start time on a
15 Wednesday or, if the employee works on a part-time
basis, by rescheduling a regular staff meeting so that
the employee can attend.
(2) In determining whether an employer
unreasonably refuses to accommodate the
20 responsibilities that an employee has as a
parent or carer, all relevant facts and
circumstances must be considered,
including--
(a) the employee's circumstances,
25 including the nature of his or her
responsibilities as a parent or carer; and
(b) the nature of the employee's role; and
(c) the nature of the arrangements required
to accommodate those responsibilities;
30 and
(d) the financial circumstances of the
employer; and
(e) the size and nature of the workplace
and the employer's business; and
561082B.I-10/10/2007 5 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 9
(f) the effect on the workplace and the
employer's business of accommodating
those responsibilities, including--
(i) the financial impact of doing so;
5 (ii) the number of persons who would
benefit from or be disadvantaged
by doing so;
(iii) the impact on efficiency and
productivity and, if applicable, on
10 customer service of doing so; and
(g) the consequences for the employer of
making such accommodation; and
(h) the consequences for the employee of
not making such accommodation.".
15 9 New section 15A inserted
After section 15 of the Principal Act insert--
"15A Principal must accommodate contract
worker's responsibilities as parent or
carer
20 (1) A principal must not, in relation to the work
arrangements of a contract worker,
unreasonably refuse to accommodate the
responsibilities that the contract worker has
as a parent or carer.
25 Example
A principal may be able to accommodate a contract
worker's responsibilities as a parent or carer by
allowing the contract worker to have flexible start,
finish or break times.
30 (2) In determining whether a principal
unreasonably refuses to accommodate the
responsibilities that a contract worker has as
a parent or carer, all relevant facts and
circumstances must be considered,
35 including--
561082B.I-10/10/2007 6 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 9
(a) the contract worker's circumstances,
including the nature of his or her
responsibilities as a parent or carer; and
(b) the nature of the work contracted for;
5 and
(c) the nature of the arrangements required
to accommodate those responsibilities;
and
(d) the financial circumstances of the
10 principal; and
(e) the size and nature of the workplace
and the principal's business; and
(f) the effect on the workplace and the
principal's business of accommodating
15 those responsibilities, including--
(i) the financial impact of doing so;
(ii) the number of persons who would
benefit from or be disadvantaged
by doing so;
20 (iii) the impact on efficiency and
productivity and, if applicable, on
customer service of doing so; and
(g) the consequences for the principal of
making such accommodation; and
25 (h) the consequences for the contract
worker of not making such
accommodation.
(3) In this section contract worker and principal
have the same meanings as in section 15.".
561082B.I-10/10/2007 7 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 10
10 New section 31A inserted
After section 31 of the Principal Act insert--
"31A Firm must accommodate responsibilities
as parent or carer of person invited to
5 become a partner or of a partner
(1) A firm comprising 5 or more partners must
not, in the work arrangements of a person
invited to become a partner or of a partner,
unreasonably refuse to accommodate the
10 responsibilities that the person or partner has
as a parent or carer.
Example
A firm may be able to accommodate the
responsibilities that a person or partner has as a parent
15 or carer by allowing the person or partner to have
flexible attendance arrangements.
(2) In determining whether a firm unreasonably
refuses to accommodate the responsibilities
that a person or partner has as a parent or
20 carer, all relevant facts and circumstances
must be considered, including--
(a) the circumstances of the person or
partner, including the nature of his or
her responsibilities as a parent or carer;
25 and
(b) the nature of the partnership role; and
(c) the nature of the arrangements required
to accommodate those responsibilities;
and
30 (d) the financial circumstances of the firm;
and
(e) the size and nature of the workplace
and the firm's business; and
561082B.I-10/10/2007 8 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
s. 11
(f) the effect on the workplace and the
firm's business of accommodating those
responsibilities, including--
(i) the financial impact of doing so;
5 (ii) the number of persons who would
benefit from or be disadvantaged
by doing so;
(iii) the impact on efficiency and
productivity and, if applicable, on
10 customer service of doing so; and
(g) the consequences for the firm of
making such accommodation; and
(h) the consequences for the person or
partner of not making such
15 accommodation.".
11 Repeal of Act
This Act is repealed on 1 September 2009.
561082B.I-10/10/2007 9 BILL LA INTRODUCTION 10/10/2007
Equal Opportunity Amendment (Family Responsibilities) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561082B.I-10/10/2007 10 BILL LA INTRODUCTION 10/10/2007
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