A WA parliamentary question seeks clarification on the removal of Section 50(d) exceptions (special measures for Aboriginal employment) and the implementation of Section 51 of the Equal Opportunity Act within the Department of Housing and Works. The response details positions affected and confirms consultation with Aboriginal staff.

AnsweredQoN 5411Legislative Council
Asked
29 August 2007
Portfolio
Housing and Works

QuestionView source ↗

(2) Which of these positions has had the 50(d) exception removed as at 28 August 2007?
(3) Will further positions have the 50(d) exception removed in the next 12 months?
(4) If yes to (3), which positions are being considered for removal of the 50(d) exception?
(5) Were all Aboriginal staff whose positions were covered by the 50(d) exception counselled prior to removal of the exception up until 28 August 2007?
(6) If no to (5), which staff in which positions were not counselled?
(7) Why were the staff referred to in (6), not counselled?
(8) Will all staff whose positions will be affected by (4), be consulted prior to a decision to remove the 50(d) exception?

AnswerView source ↗

Answered
27 September 2007
Responded by
Minister for Local Government representing the Minister for Housing and Works
Response time
29 days
The Department of Housing and Works has advised:
(1) Executive Director Aboriginal Housing and Infrastructure
Manager Aboriginal Programs
Manager Urban Programs
Manager Sustainability & Development Programs
Management Development Coordinator
Senior Policy Officer
Project Manager (x 7)
Project Officer
Coordinator Tenant Services
Policy Assistant and AHIC Contact
Customer Support Officer (x 4)
Administrative Assistant (x 2)
Manager Aboriginal Home Ownership
Senior Loans Counsellor (x 2)
Aboriginal Employment and Development Officer
(2) Nil.
(3) Yes the section 50 (d) exemption will generally be replaced with section 51.
No section 50(d) exceptions had been removed as at 28 August 2007, however, a decision had been made to replace a number of positions that were subject to section 50(d) exceptions with positions subject to section 51 of the
Equal Opportunity Act 1984.
The decision by the Department to remove section 50(d) exceptions from a number of positions within the Aboriginal Housing and Infrastructure Directorate (AHID) of the Department and to apply section 51 was made following deliberations between the Director General, the Executive Director Aboriginal Housing and Infrastructure and an officer of the Equal Opportunity Commission.
The decision to apply section 51 is in line with the Department's 'Aboriginal Employment Strategy 2007-2012', and was considered to be a more appropriate measure to improve Aboriginal representation in positions across the Department. The strategy involves consideration being made to apply section 51 to positions in other sections of the Department and not just AHID.
(4) While section 50(d) still applied to the following positions as at 28 August 2007, a decision had been made to remove the exceptions from these positions and apply section 51 of the
Equal Opportunity Act 1984
instead, with effect from the commencement date of officers occupying the new positions:
Executive Director Aboriginal Housing and Infrastructure
Manager Aboriginal Programs
Project Manager (x 2)
Policy Assistant and Aboriginal Housing and Infrastructure Council Contact
As at 28 August 2007, the Department had decided to replace the following positions that were subject to section 50(d) exceptions with positions subject to section 51 of the
Equal Opportunity Act 1984
:
Manager Urban Programs
Manager Sustainability & Development Programs
Management Development Coordinator
Senior Policy Officer
Project Manager (x 5)
Project Officer
Coordinator Tenant Services
Customer Support Officer
Administrative Assistant (x 2)
(5-8) Aboriginal staff whose positions are covered by a section 50(d) exception have been advised that the exception will be removed and that new and existing positions will instead be subject to section 51 of the
Equal Opportunity Act 1984
. The use of section 51 will provide for greater representation of Aboriginal people in the agency. One-on-one meetings were also conducted with all Aboriginal staff to discuss changes to their positions.
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