{"id":"sr:gender-equality-regulations-2020","name":"Gender Equality Regulations 2020","slug":"gender-equality-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181461,"registerId":"vic-sr:gender-equality-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Gender Equality Regulations 2020","content":"Version No. 003\n\n**Gender Equality Regulations 2020**\n\n**S.R. No. 97/2020**\n\nVersion incorporating amendments as at  \n30 September 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definitions 2\n\n4A Prescribed defined entities 2\n\n5 Defined entities exempt from application of the Act 2\n\n5A Gender pay equity principles 3\n\n5B Workplace gender audit assessment period for universities 4\n\n5C Progress reports—format and progress audit method 5\n\n6 Prescribed relevant period 5\n\n7 Prescribed designated bodies 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **003**\n\n**Gender Equality Regulations 2020**\n\n**S.R. No. 97/2020**\n\nVersion incorporating amendments as at  \n30 September 2023\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\nReg. 1(aa) inserted by S.R. No. 94/2023 reg. 5(1).\n\n(aa) defined entities; and\n\n(a) defined entities that are exempt from the application of all or part of the **Gender Equality Act 2020**; and\n\nReg. 1(ab) inserted by S.R. No. 177/2021 reg. 5(1).\n\n(ab) matters that must be included in Gender Equality Action Plans; and\n\nReg. 1(ac) inserted by S.R. No. 94/2023 reg. 5(2).\n\n(ac) the method and format for progress reports; and\n\n(b) alternative relevant periods for the purpose of Part 5 of the **Gender Equality Act 2020**; and\n\nReg. 1(c) amended by S.R. No. 177/2021 reg. 5(2).\n\n(c) designated bodies for the purpose of Division 3 of Part 7 of the **Gender Equality Act 2020**; and\n\nReg. 1(d) inserted by S.R. No. 177/2021 reg. 5(3).\n\n(d) any other matters required to be prescribed under the **Gender Equality Act 2020**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 54 of the **Gender Equality Act 2020**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 31 March 2021.\n\n\t4 Definitions\n\nIn these Regulations—\n\nReg. 4 def. of *existing regional library* inserted by S.R. No. 94/2023 reg. 6(1).\n\n***existing regional library*** means a regional library that existed under section 196 of the **Local Government Act 1989** immediately before the repeal of sections 196 to 197G of that Act on 1 July 2021 by the **Local Government Act 2020** and remains in existence under section 330 of the **Local Government Act 2020**;\n\n***school council*** has the same meaning as in the **Education and Training Reform Act 2006**;\n\n***the Act*** means the **Gender Equality Act 2020**;\n\nReg. 4 def. of *university* amended by S.R. No. 94/2023 reg. 6(2).\n\n***university***  has the same meaning as in the **Education and Training Reform Act 2006**.\n\nReg. 4A inserted by S.R. No. 94/2023 reg. 7.\n\n\t4A Prescribed defined entities\n\nFor the purposes of section 5(1)(h) of the Act, an existing regional library is prescribed as a defined entity.\n\n\t5 Defined entities exempt from application of the Act\n\n(1) For the purposes of section 5(2) of the Act, school councils are exempt from the application of the Act.\n\n(2) For the purposes of section 5(2) of the Act,  the Tribunal is exempt from the application of the Act (other than Parts 1, 2, 3, 4, 5, 7 and 8) to the extent that the Act applies to a defined entity.\n\nReg. 5A inserted by S.R. No. 177/2021 reg. 6.\n\n\t5A Gender pay equity principles\n\n(1) For the purposes of section 10(1)(c) of the Act, a prescribed matter is how the defined entity has taken the following gender pay equity principles into account in preparing the Gender Equality Action Plan—\n\n(a) equal pay for work of equal or comparable value, which refers to work valued as equal or comparable in terms of skill, effort, responsibility and working conditions, including different types of work;\n\n(b) employment and pay practices are free from bias and discrimination, including the effects of unconscious bias and assumptions based on gender;\n\n(c) employment and pay practices, pay rates and systems are transparent and information about these matters is readily accessible and understandable;\n\n(d) employment and pay practices recognise and account for different patterns of labour force participation by employees who undertake unpaid or caring work;\n\n(e) interventions and solutions are collectively developed and agreed to, sustainable and enduring;\n\n(f) employees, unions and employers work collaboratively to achieve mutually agreed outcomes.\n\n(2) In subregulation (1)(a), ***pay*** means remuneration and includes but is not limited to salary, bonuses, overtime payments, allowances and superannuation.\n\nReg. 5B inserted by S.R. No. 177/2021 reg. 6.\n\n\t5B Workplace gender audit assessment period for universities\n\n(1) A university is exempt from the requirement in section 11(2) of the Act that a workplace gender audit must assess the state and nature of gender inequality in the workplace of the defined entity as at 30 June in the Gender Equality Action Plan reporting year to which the audit relates, on the condition that it complies with the requirement specified in subregulation (2).\n\n(2) A workplace gender audit undertaken by a university must assess the state and nature of gender inequality in the workplace of the university as at 31 March in the Gender Equality Action Plan reporting year to which the audit relates, having regard to the matters set out in section 11(2) of the Act.\n\n(3) A university is exempt from the requirement in section 11(3) of the Act that a workplace gender audit must be based on the data specified in that subsection as at 30 June in the Gender Equality Action Plan reporting year on the condition that it complies with the requirement specified in subregulation (4).\n\n(4) A workplace gender audit undertaken by a university must be based on the data specified in section 11(3) of the Act as at 31 March in the Gender Equality Action Plan reporting year.\n\nReg. 5C inserted by S.R. No. 94/2023 reg. 8.\n\n\t5C Progress reports—format and progress audit method\n\n(1) A progress report must be in the format (if any) approved by the Commissioner.\n\n(2) For the purposes of section 19(3)(c)(i) of the Act, a progress report demonstrating a defined entity's progress within the relevant period in relation to the workplace gender equality indicators is to be done in accordance with the following method, known as a progress audit—\n\n(a) collect information relating to the workplace gender equality indicators;\n\n(b) compare that information with information from the immediately preceding workplace gender audit relating to the workplace gender equality indicators;\n\n(c) include in the progress report, in the format (if any) approved by the Commissioner—\n\n(i) the information referred to in paragraph (a); and\n\n(ii) the results of the comparison referred to in paragraph (b).\n\n(3) The Commissioner must publish on the Commissioner's website any format approved for the purpose of subregulation (1) or (2)(c).\n\n\t6 Prescribed relevant period\n\nFor the purposes of the definition of ***relevant period*** in section 19(6) of the Act, the prescribed period in respect of a university is the previous 2 reporting periods described in section 13A of the Workplace Gender Equality Act 2012 of the Commonwealth.\n\nReg. 7 substituted by S.R. No. 177/2021 reg. 7.\n\n\t7 Prescribed designated bodies\n\nFor the purposes of paragraph (d) of the definition of ***designated body*** in section 38(1) of the Act, the following defined entities are prescribed—\n\n(a) a Council;\n\nReg. 7(b) amended by S.R. No. 94/2023 reg. 9(1).\n\n(b) a university;\n\nReg. 7(c) inserted by S.R. No. 94/2023 reg. 9(2).\n\n(c) an existing regional library.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Gender Equality Regulations 2020, S.R. No. 97/2020 were made on 22 September 2020 by the Governor in Council under section 54 of the **Gender Equality Act 2020**, No. 5/2020 and came into operation on 31 March 2021: regulation 3.\n\nThe Gender Equality Regulations 2020 will sunset 10 years after the day of making on 22 September 2030 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Gender Equality Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nGender Equality Amendment Regulations 2021, S.R. No. 177/2021\n\n| *Date of Making:* | 21.12.21 |\n| --- | --- |\n| *Date of Commencement:* | 1.2.22: reg. 3 |\n\n\nGender Equality Amendment Regulations 2023, S.R. No. 94/2023\n\n| *Date of Making:* | 29.8.23 |\n| --- | --- |\n| *Date of Commencement:* | 30.9.23: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Gender Equality Act 2020. The 2021 and 2023 amendments added specific details (pay equity principles, progress report formats, university reporting timelines, regional libraries) but these are natural elaborations of the Act's framework rather than scope creep. The instrument has not expanded beyond prescribing matters required or permitted by the parent Act."},"complexity_factors":["Short length (7 substantive regulations plus definitions)","Minimal cross-referencing—primarily references back to the parent Gender Equality Act 2020","Only 4 defined terms in the interpretation section (regulation 4)","Simple conditional structure: exemptions and alternative dates are straightforward 'if X, then Y' provisions","No nested exceptions or complex logical operators","Heavy use of amendment history annotations (S.R. No. references) which clutter the text but don't add substantive complexity"],"plain_english_summary":"These regulations set out the practical details for how Victoria's **Gender Equality Act 2020** actually works on the ground.\n\n**What it does:**\nThe Act requires certain Victorian public sector organisations (called \"defined entities\") to promote gender equality. These regulations fill in the gaps by specifying:\n\n- **Who must comply:** Universities, councils, and \"existing regional libraries\" are specifically named as organisations covered by the Act. School councils and the Victorian Civil and Administrative Tribunal (VCAT) are exempt.\n\n- **What they must do:** Organisations must create Gender Equality Action Plans. The regulations spell out that these plans must address **gender pay equity principles**—things like equal pay for equal work, removing bias from hiring and pay decisions, being transparent about pay rates, and recognising that women often do more unpaid caring work.\n\n- **Special rules for universities:** Universities get a different reporting date (31 March instead of 30 June) to align with their academic year, and they report every two years instead of annually.\n\n- **Progress reports:** Organisations must submit progress reports comparing their current gender equality data against their previous audit, using a format approved by the Commissioner for Gender Equality in the Public Sector.\n\n- **Who can be \"designated bodies\":** Councils, universities, and existing regional libraries can be appointed to hear appeals or reviews under the Act.\n\n**Why it matters:**\nThese regulations turn the broad goals of the Gender Equality Act into specific, measurable requirements. They ensure that public sector organisations can't just pay lip service to gender equality—they must audit their workplaces, report on progress, and specifically address pay gaps and bias in their planning."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Cannot be determined from the content provided. The document contains only version history metadata and structural headers, with no substantive regulatory text to assess whether scope evolved from original intent."},"complexity_factors":["Insufficient substantive content provided to assess true complexity","Statutory rules are generally more technical than primary legislation, requiring cross-referencing with parent Act","Gender equality compliance frameworks can involve layered reporting obligations","Score reflects metadata-only content supplied — actual regulations may score higher"],"plain_english_summary":"The Gender Equality Regulations 2020 are a Victorian statutory rule implementing the Gender Equality Act 2020. They set out the operational detail that will determine which public bodies, universities and other defined entities must comply, how gender-equality obligations are operationalised (reporting, data collection, timeframes and compliance mechanisms), and who in government and institutions must act. HR, compliance teams and leaders in affected Victorian organisations should prepare for new reporting and monitoring duties."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulations' scope has been expanded and refined by amendments. Notable changes include prescribing an existing regional library as a defined entity (reg 4A), exempting school councils and partially exempting the Tribunal from application of the Act (reg 5(1)–(2)), adding gender pay equity principles to be addressed in Action Plans (reg 5A), allowing universities to use a 31 March audit/reference date instead of 30 June (regs 5B(1)–(4)), prescribing progress-report format and a progress-audit method and giving the Commissioner authority to approve and publish formats (regs 5C(1)–(3)), and updating the list of prescribed designated bodies to include Councils, universities and existing regional libraries (reg 7). These changes are reflected in the 2021 (S.R. No. 177/2021) and 2023 (S.R. No. 94/2023) amendments."},"complexity_factors":["Multiple cross-references to the Gender Equality Act 2020 and other Acts (Education and Training Reform Act 2006, Local Government Act 2020, Workplace Gender Equality Act 2012)","Sector-specific variations and exemptions (eg. school councils exempt — reg 5(1); Tribunal partial exemption — reg 5(2); existing regional libraries prescribed — reg 4A)","Prescriptive substantive standards (gender pay equity principles listed — reg 5A) that require interpretation and operationalisation by entities","Differing audit/reporting dates for universities (alternate assessment date 31 March instead of 30 June — regs 5B(1)–(4))","Procedural prescriptions for progress reports including a specified progress-audit method and Commissioner-approved formats (regs 5C(1)–(3))","Designated bodies enumerated (reg 7) and interaction with Commonwealth reporting periods (reg 6)","Amendment history (2021 and 2023 amendments) increasing regulatory detail and altering scope","Administrative discretion concentrated in the Commissioner (approval and publication of formats — reg 5C(1),(3))"],"plain_english_summary":"These Regulations set out which organisations the Gender Equality Act 2020 covers, add specific exemptions, and prescribe required content, timing and method for Gender Equality Action Plans, workplace gender audits and progress reports. They affect defined entities such as universities, councils and regional libraries (school councils are exempt and the Tribunal is partly exempt) and give the Commissioner authority to approve report formats. The rules change who must collect and publish what data, when audits are run, and therefore shift administrative and compliance costs onto the named entities."}},"importantCases":[],"_links":{"self":"/api/acts/gender-equality-regulations-2020","history":"/api/acts/gender-equality-regulations-2020/history","analysis":"/api/acts/gender-equality-regulations-2020/analysis","conflicts":"/api/acts/gender-equality-regulations-2020/conflicts","importantCases":"/api/acts/gender-equality-regulations-2020/important-cases","documents":"/api/acts/gender-equality-regulations-2020/documents"}}