Legislation

Diversity is addressed in NSW and Commonwealth legislation.

Below is some information about relevant NSW legislation.

Copies of NSW legislation are available on the NSW Legislation website. It’s important to refer to the most recent versions of the legislation.

Government Sector Employment Act 2013 (GSE Act)

Diversity is addressed in NSW and Commonwealth legislation. It’s important to refer to the most recent versions of the legislation.

Here is some information about relevant NSW Legislation

Under Section 63 of the Act, the head of a NSW Government Sector agency is responsible for workforce diversity and ensuring that workforce diversity is integrated into workforce planning within their agency.
The NSW Public Service Commissioner leads the strategic development and management of the NSW Government Sector workforce in relation to equity and diversity. This includes developing and managing strategies to ensure our workforce reflects the diversity of the wider NSW community.

Government Sector Employment (General) Rules 2014

Rule 26 facilitates the employment of persons who may otherwise be disadvantaged in employment in the government sector.

For this Rule, an ‘eligible person’ is one of the following

  • An Aboriginal person or Torres Strait Islander
  • A person with a disability
  • A person under the age of 25 years
  • A person who, on or after 1 December 2015, enters or has entered Australia on a Refugee and Humanitarian (Migrant) (Class XB) visa issued by the Commonwealth
  • A person who belongs to a group of persons designated by the Public Service Commissioner as being disadvantaged in employment.

Rule 27 requires the head of a government sector agency to ensure that information relating to workforce diversity within the agency is collected and is able to be provided to the Commissioner if required to do so under Section 16 of the GSE Act.

Annual Reports (Departments) Regulation 2015

Every year, NSW public sector agencies need to include workforce diversity information in their annual reports under the Annual Reports (Departments) Regulation 2015 and the Annual Reports (Statutory Bodies) Regulation 2015.

The NSW Public Service Commissioner is also required to include workforce diversity information in an annual report on the state of the government sector under section 63(4) of the Government Sector Employment Act 2013.

Further information is available in Circular PSCC 2014-09.

Anti-Discrimination Act 1977

The Anti-Discrimination Act 1977 states that it is unlawful for an employer to discriminate against a person when applying for a job, at work and when leaving a job on the grounds of:

  • Race
  • Sex
  • Age
  • Gender identity
  • Sexual orientation
  • Disability
  • Caring responsibilities
  • Marital or domestic status

Further information on this Act is provided by the Anti-Discrimination Board