{"id":"F2023L00086","name":"Workplace Gender Equality (Gender Equality Standards) Instrument 2023","slug":"workplace-gender-equality-gender-equality-standards-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103745,"registerId":"commonwealth-F2023L00086-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Workplace Gender Equality (Gender Equality Standards) Instrument 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 19 of the Workplace Gender Equality Act 2012.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) designated relevant employer;\n    (b) gender equality indicators;\n    (c) gender equality standard;\n    (d) governing body;\n    (e) relevant employer;\n    (f) reporting period.\n  In this instrument:\n\n> Act means the Workplace Gender Equality Act 2012.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Gender equality standards","content":"## Part 2—Gender equality standards","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Gender equality standards","content":"#### 6 Gender equality standards\n\n  (1) For the purposes of subsection 19(1) of the Act, the gender equality standards set in subsection (3) of this section are set in relation to a designated relevant employer.\n  (2) For the purposes of subsection 19(1) of the Act, the gender equality standards set in subsection (3) of this section are set in relation to a reporting period:\n    (a) for a designated relevant employer that is a Commonwealth company or Commonwealth entity—commencing on 1 January 2024 and each subsequent reporting period; and\n    (b) for any other designated relevant employer—commencing on 1 April 2023 and each subsequent reporting period.\n  (3) For the purposes of subsection 19(1) of the Act, the following gender equality standards are set in relation to each gender equality indicator specified in the following table:\n    (a) a designated relevant employer must have in place policies or strategies to support each gender equality indicator specified in column 1 of the table;\n    (b) the policies or strategies must aim to achieve the objective specified in column 2 of the table for each gender equality indicator.\n\n| Item | Column 1Gender equality indicator                                                                                                                                                                                      | Column 2Objective                                                                                                                                                |\n| ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | Gender composition of the workforce                                                                                                                                                                                    | Supporting gender equality in the designated relevant employer’s workplace                                                                                       |\n| 2    | Gender composition of governing bodies of relevant employers                                                                                                                                                           | Supporting and achieving gender equality in the designated relevant employer’s governing body                                                                    |\n| 3    | Equal remuneration between women and men                                                                                                                                                                               | In relation to employees of the designated relevant employer, ensuring equal remuneration between women and men                                                  |\n| 4    | Availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities | Providing effective flexible working arrangements for employees of the designated relevant employer with family or caring responsibilities                       |\n| 5    | Consultation with employees on issues concerning gender equality in the workplace                                                                                                                                      | Ensuring employees are consulted and have input on issues concerning gender equality in the designated relevant employer’s workplace                             |\n| 6    | Sexual harassment, harassment on the ground of sex or discrimination                                                                                                                                                   | Prevention of, and appropriate response to, sexual harassment, harassment on the ground of sex or discrimination in the designated relevant employer’s workplace |","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 3—Application, saving and transitional provisions","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of Workplace Gender Equality (Minimum Standards) Instrument 2014","content":"#### 7 Application of Workplace Gender Equality (Minimum Standards) Instrument 2014\n\n  Despite the repeal of the Workplace Gender Equality (Minimum Standards) Instrument 2014 (the 2014 instrument) by this instrument, the 2014 instrument, as in force immediately before that repeal, continues to apply in relation to a reporting period that commenced before the repeal of the 2014 instrument.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application of Workplace Gender Equality (Gender Equality Standards) Amendment Instrument 2025","content":"#### 8 Application of Workplace Gender Equality (Gender Equality Standards) Amendment Instrument 2025\n\n  The amendments made by the Workplace Gender Equality (Gender Equality Standards) Amendment Instrument 2025 apply in relation to a reporting period that commences on a day after the day that instrument commences.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument implements standards under the existing section 19 framework of the Act and replaces the 2014 instrument (s6, s7). It continues regulation of the same six gender equality indicators and preserves the 2014 instrument for reporting periods that started before repeal (s7), so the practical coverage remains aligned with the Act's standard-setting purpose rather than expanding or contracting scope materially."},"complexity_factors":["Cross-references to Act-defined terms and concepts rather than restating definitions (s5)","Multiple gender equality indicators and dual obligations to have policies/strategies and aim for specified objectives (s6(3)(a)–(b))","Different commencement dates depending on employer type (s6(2)(a)–(b))","Transitional saving of the repealed 2014 instrument for earlier reporting periods (s7)","Forward-looking application of future amendments noted (s8) — creates layering of instruments to track","Vague standard-setting language ('aim to achieve') increases administrative discretion and compliance-measurement complexity (s6(3)(b))"],"plain_english_summary":"This instrument sets gender-equality standards under section 19 of the Workplace Gender Equality Act 2012. It requires designated relevant employers to have policies or strategies that aim to achieve objectives for six named gender equality indicators (workforce and governing-body composition, equal pay, flexible work and carer support, employee consultation, and sexual harassment). Commencement differs by employer type: Commonwealth companies/entities from 1 January 2024; other designated employers from 1 April 2023. The 2014 instrument is repealed but preserved for earlier reporting periods."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its predecessor (the 2014 Minimum Standards Instrument). It applies to the same category of 'designated relevant employers' and addresses the same six gender equality indicators established in the parent Act. The 2023 instrument represents an update and replacement rather than an expansion of scope."},"complexity_factors":["Short instrument: only 8 sections across 3 Parts","Minimal defined terms: only 1 explicit definition ('Act'), with 6 terms incorporated by reference from the parent Act","Simple conditional logic: only timing distinctions between Commonwealth entities (1 Jan 2024) and other employers (1 Apr 2023)","Single cross-reference dependency: relies heavily on definitions and framework in the Workplace Gender Equality Act 2012","Straightforward transitional provision: simple 'savings' clause preserving old instrument for past reporting periods","Tabular presentation of substantive requirements: the six standards are presented in a clear table format rather than dense legislative prose"],"plain_english_summary":"This instrument replaces the 2014 rules with legally binding gender equality standards for designated relevant employers — generally private employers of ~100+ staff and all Commonwealth companies/entities — with compliance from 1 Apr 2023 (large employers) and 1 Jan 2024 (Commonwealth entities). \n\nIt requires employers to have active policies (not just reporting) to drive gender balance and board diversity, pay equity, flexible work, employee consultation and prevention/response to sexual and sex-based harassment."}},"importantCases":[],"_links":{"self":"/api/acts/workplace-gender-equality-gender-equality-standards-instrument-2023","history":"/api/acts/workplace-gender-equality-gender-equality-standards-instrument-2023/history","analysis":"/api/acts/workplace-gender-equality-gender-equality-standards-instrument-2023/analysis","conflicts":"/api/acts/workplace-gender-equality-gender-equality-standards-instrument-2023/conflicts","importantCases":"/api/acts/workplace-gender-equality-gender-equality-standards-instrument-2023/important-cases","documents":"/api/acts/workplace-gender-equality-gender-equality-standards-instrument-2023/documents"}}