A Bill for an Act to amend the law relating to the Australian Public Service to support the use of telecommuting in regional areas, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Public Service Amendment (Supporting a Regional Workforce) Act 2017.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act. | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Public Service Act 1999
1 Section 7
Insert:
ABS Remoteness Structure means the Remoteness Structure described in:
(a) the document titled “Australian Statistical Geography Standard (ASGS): Volume 5 ‑ Remoteness Structure, July 2011”, published by the Australian Statistician, as amended from time to time; or
(b) the most recent replacement document that is published by the Australian Statistician, as amended from time to time.
regional area means an area that is classified as inner regional, outer regional, remote or very remote under the ABS Remoteness Structure.
2 At the end of subsection 10A(1)
Add:
; and (h) facilitates the use of telecommuting to support employees who wish to telecommute from a regional area, rather than work at a particular place.
3 At the end of subsection 10A(2)
Add:
; and (f) the assessment does not unreasonably discriminate against any candidate on the basis that the candidate will telecommute from a regional area, rather than work at a particular place (see subsection (3)).
4 At the end of section 10A
Add:
Unreasonable discrimination
(3) It is not unreasonable to discriminate against a candidate on the basis that the candidate would telecommute from a regional area, rather than work at a particular place, if by telecommuting the candidate would be unable to carry out the inherent requirements of the work to be done, even if reasonable adjustments were made for the candidate.
5 After paragraph 11A(1)(d)
Insert:
(da) telecommuting;
6 After section 18
Insert:
18A Promoting telecommuting
An Agency Head must establish and maintain electronic and other systems to facilitate the use of telecommuting by employees of the Agency.
7 Section 25
Omit “An Agency Head”, substitute “(1) An Agency Head”.
8 At the end of section 25
Add:
(2) An Agency Head must only require an employee to carry out duties at a particular place if by telecommuting the employee would be unable to carry out the inherent requirements of the work to be done, even if reasonable adjustments were made for the employee.