Alert 31- Local Government Reporting Obligations under the Equal Opportunity Act Thursday, November 18, 2021
The obligations apply to the entire WA Government sector, including government bodies such as Local Governments, government trading enterprises and other authorities (s.139(1)(d) of the EO Act).  
 
The Director has the power to carry out an investigation if they are dissatisfied with any matters relating to the preparation or implementation of an EEO management plan, including any failure or omission of an authority when doing so (s.147 of the EO Act).
 
Local Government Obligations
 
Local Governments are required to:
  • report to the Director at least once in each year after the date the EEO management plan was implemented (s.146(1) of the EO Act); and
  • send a copy of the EEO management plan and any amendment of the plan to the Director as soon as practicable after the EEO management plan or the amendment has been prepared (s.145(6) of the EO Act).
Reports to the Director and Reporting Deadline
 
The report needs to specify:
  • the activities and programs undertaken to:
    • eliminate discrimination in employment on the grounds of sex, marital status, pregnancy, family responsibility or family status, sexual orientation race, religious or political conviction, impairment or age
    • eliminate and ensure the absence of discrimination in employment against gender reassigned persons on gender history grounds, and
    • promote equal opportunity for all persons.
  • the results achieved by the activities and programs, including redistributive effects in the workforce.
  • the proposed activities and specific aims set for the year following the period to which the report relates.
The CEO of the Local Government must provide the Director with the report no later than 8 December each year.
 
Other public authorities as defined under s.146(1) of the EO Act must report by 8 August each year.

EEO Management Plan and Templates
 
The following applicable template can be used to prepare your EEO management plan: The purpose of an EEO management plan is to eliminate and ensure the absence of discrimination in employment and promote equal opportunity for all persons, including people seeking employment in the Local Government.
 
EEO management plans must include:
  • a development process for EEO policies and programs
  • strategies to communicate EEO policies and programs
  • methods for collecting and recording workforce diversity data
  • processes to identify discriminatory practices
  • goals and targets to measure the success of the plan
  • strategies to evaluate EEO policies and programs
  • processes to review and update the plan, and
  • the appointment and delegation of people to implement the plan.
Please direct any questions about your Local Government’s reporting obligations to the Public Sector Commission on workforceanddiversity@psc.wa.gov.au.
 
If you subscribe to the WALGA Employee Relations service and have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.