To implement recruitment strategies that are focused on increasing the attraction, recruitment and retention of Aboriginal and Torres Strait Islander people, it is important to understand and use available legal and policy provisions.
The (EO Act) recognises it is appropriate to favour identified groups of people when making hiring decisions. It includes exceptions for recruiting Aboriginal and Torres Strait Islander people:
- Section 50(d): Genuine occupational qualifications (race) allows roles to be reserved for Aboriginal and/or Torres Strait Islander people if their cultural identity is established as an essential job requirement and stated clearly in the position description.
- Section 51: Measures to achieve equality (race) allows hiring managers to prioritise Aboriginal and/or Torres Strait Islander candidates to improve equity and representation in employment.
Commissioner’s Instruction 39 includes recruitment rules to make it faster and easier to recruit people from identified diversity groups, including Aboriginal and Torres Strait Islander people, to increase workforce diversity. Hiring managers can appoint directly without advertising if being an Aboriginal and/or Torres Strait Islander person is a genuine occupational qualification (as listed in the position description) or if the appointment helps meet workforce diversity and equity targets.
Merit must still be assessed but utilising Commissioner’s Instruction 39 allows for a streamlined process that works best if you have already built strong relationships with Aboriginal and Torres Strait Islander communities and talent pools.
What actions can I consider?
- Talk with your human resources team to learn about your agency’s Aboriginal and Torres Strait Islander employment strategy and how your targeted recruitment processes intersect with it.
- When designing roles, determine whether the job is suitable for targeted recruitment using the exceptions in the EO Act and, if so:
- maintain a written record of the intent, design and evidence of your
- follow better practice guidelines for advertising the role.
- Use Commissioner’s Instruction 39 and an individual assessment of merit to directly appoint to the position.
Where can I learn more?
- Get practical guidance from the Australian Human Rights Commission on planning and implementing .
- Refer to the Equal Opportunity Commission Fact Sheet - Measures intended to achieve equality.
Hear from staff at the Department of Communities about the importance of Aboriginal and Torres Strait Islander people being employed to serve and work with their communities.
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