{"id":"F2023L00085","name":"Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023","slug":"workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103743,"registerId":"commonwealth-F2023L00085-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 (Matters in relation to Gender Equality Indicators) Instrument 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 3(1A) and 13(3) 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    (aa) Agency;\n    (a) discrimination;\n    (b) gender equality indicators;\n    (c) governing body;\n    (d) relevant employer;\n    (e) reporting period.\n  In this instrument:\n\n> Act means the Workplace Gender Equality Act 2012.\n\n> Agency Head has the same meaning as in the Public Service Act 1999.\n\n> employment status means employment on a:\n\n    (a) part‑time; or\n    (b) full‑time; or\n    (c) permanent/ongoing; or\n    (d) casual; or\n    (e) fixed‑term contract/non‑ongoing;\n  basis, but does not include employment on a contract for services basis.\n\n> family and domestic violence has the same meaning as in the Fair Work Act 2009.\n\n> harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.\n\n> Note: Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).\n\n> key management personnel means those persons having authority and responsibility for planning, directing and controlling the activities of a relevant employer, directly or indirectly, including any director (whether executive or otherwise) of that employer.\n\n> manager includes the following:\n\n    (a) Chief Executive Officer or equivalent;\n    (b) Agency Head or equivalent;\n    (c) key management personnel;\n    (d) other managers.\n\n> non‑manager, in relation to an employer, means an employee of the employer who is not a manager. For example, the following kinds of employees may be non‑managers:\n\n    (a) professionals;\n    (b) technicians and trade employees;\n    (c) community and personal service employees;\n    (d) clerical and administrative employees;\n    (e) sales employees;\n    (f) machinery operators and drivers;\n    (g) labourers;\n    (h) graduates;\n    (i) apprentices;\n    (j) other non‑managers.\n\n> sexually harass has the same meaning as in the Sex Discrimination Act 1984.\n\n> Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Matters in relation to each gender equality indicator","content":"## Part 2—Matters in relation to each gender equality indicator","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Gender equality indicator 1—gender composition of the workforce","content":"#### 6 Gender equality indicator 1—gender composition of the workforce\n\n  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to the gender composition of the workforce:\n    (a) disaggregated data on the composition of the workforce by gender, which includes the following:\n    (i) employment status;\n    (ii) year of birth;\n    (iii) primary workplace location;\n    (iv) managers;\n    (v) non‑managers;\n    (b) the existence of, and information about, a strategy or policy to support gender equality;\n    (c) the composition of applicants appointed to positions by gender and by manager/non‑manager;\n    (d) the number and proportion of employees awarded promotions by gender, employment status and manager/non‑manager;\n    (e) the number and proportion of employees who have resigned by gender, employment status and manager/non‑manager.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Gender equality indicator 2—gender composition of governing bodies of relevant employers","content":"#### 7 Gender equality indicator 2—gender composition of governing bodies of relevant employers\n\n  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to the gender composition of governing bodies of relevant employers:\n    (a) the existence of a governing body;\n    (b) if a relevant employer has a governing body—the following:\n    (i) the composition of the governing body, including the number of members and chairs by gender;\n    (ii) the targets, if any, that have been set for the gender composition of the governing body;\n    (iii) the existence of, and information about, a policy or strategy to support gender equality in the composition of the governing body.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Gender equality indicator 3—equal remuneration between women and men","content":"#### 8 Gender equality indicator 3—equal remuneration between women and men\n\n  (1) For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to equal remuneration between women and men:\n    (a) in relation to each employee, other than key management personnel with a reporting distance above the Chief Executive Officer or equivalent, the following information:\n    (i) gender;\n    (ii) employment status;\n    (iii) year of birth;\n    (iv) primary workplace location;\n    (v) whether the employee is a manager or a non manager;\n    (vi) information that is sufficient to allow the Agency to determine the employee’s annualised full time equivalent remuneration;\n    (b) the existence of, and information about, an equal remuneration policy or strategy;\n    (c) whether any gender remuneration gap analysis has been undertaken and, if so, when;\n    (d) the actions taken, if any, as a result of a gender remuneration pay analysis.\n  (2) In this section:\n\n> actual earnings includes the following:\n\n    (a) base salary;\n    (b) total remuneration, except for remuneration components paid on a non‑pro‑rata or fixed‑amount basis;\n    (c) a fixed total remuneration amount for remuneration components paid on a non‑pro‑rata or fixed‑amount basis.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Gender equality indicator 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","content":"#### 9 Gender equality indicator 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\n\n  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to the 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:\n    (a) the existence of employer‑funded paid parental leave for primary carers, additional to any government‑funded parental leave scheme for primary carers;\n    (b) the existence of employer‑funded paid parental leave for secondary carers, additional to any government‑funded parental leave scheme for secondary carers;\n    (c) disaggregated data by gender and manager/non‑manager on the utilisation of parental leave;\n    (d) the existence of employer‑paid superannuation when an employee is on any kind of parental leave;\n    (e) the method and quantum of employer‑funded paid parental leave for primary carers;\n    (f) the quantum of employer‑funded paid parental leave for secondary carers;\n    (g) the number of employees who have access to employer‑funded paid parental leave for primary carers;\n    (h) the number of employees who have access to employer‑funded paid parental leave for secondary carers;\n    (i) the number of employees, by gender and manager/non‑manager, who:\n    (i) took a period of parental leave; and\n    (ii) ceased employment during, or at the end of, that period (including where the parental leave is taken continuously with any other leave type);\n    (j) disaggregated data by gender and manager/non‑manager on the availability of employment terms, conditions and practices, including:\n    (i) flexible hours of work; and\n    (ii) compressed working weeks; and\n    (iii) time‑in‑lieu; and\n    (iv) work from home; and\n    (v) part‑time work; and\n    (vi) job sharing; and\n    (vii) carer’s leave; and\n    (viii) purchased leave; and\n    (ix) unpaid leave;\n    (k) the existence of, and information about, a flexible working arrangements policy or strategy;\n    (l) the existence of, and information about, a policy or strategy to support employees with family or caring responsibilities;\n    (m) the existence of any non‑leave based measures to support employees with family or caring responsibilities;\n    (n) the existence of, and information about, a policy or strategy to support employees who have or are experiencing family and domestic violence;\n    (o) measures, if any, to support employees who have or are experiencing family and domestic violence.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Gender equality indicator 5—consultation with employees on issues concerning gender equality in the workplace","content":"#### 10 Gender equality indicator 5—consultation with employees on issues concerning gender equality in the workplace\n\n  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to consultation with employees on issues concerning gender equality in the workplace:\n    (a) the existence of, and information about, a policy or strategy to support consultation with employees on issues concerning gender equality in the workplace;\n    (b) consultation, if any, with employees on workplace gender equality matters, including;\n    (i) the method of consultation with employees on workplace gender equality matters; and\n    (ii) the categories of employees consulted;\n    (c) the date the relevant employer provided the public report relating to the previous reporting period to their employees and shareholders or members.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Gender equality indicator 6—sexual harassment, harassment on the ground of sex or discrimination","content":"#### 11 Gender equality indicator 6—sexual harassment, harassment on the ground of sex or discrimination\n\n  (1) For the purposes of subsection 3(1A) of the Act, sexual harassment, harassment on the ground of sex or discrimination is specified for the purposes of paragraph (f) of the definition of gender equality indicators in subsection 3(1) of the Act.\n  (2) For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to sexual harassment, harassment on the ground of sex or discrimination:\n    (a) the existence of, and information about, a policy or strategy to prevent and respond to sexual harassment, harassment on the ground of sex or discrimination, including information relating to:\n    (i) accountability and responsibility frameworks; and\n    (ii) a process to disclose and respond to any sexual harassment, harassment on the ground of sex or discrimination; and\n    (iii) training on respectful workplace conduct and sexual harassment prevention and response, including the frequency of the training; and\n    (iv) frameworks outlining the communication expectations from governing bodies and managers with respect to these matters;\n    (b) the existence of, and information about, a risk assessment and management policy or practice to prevent and respond to sexual harassment, harassment on the ground of sex or discrimination, including the following information:\n    (i) risk prevention, controls and response plans;\n    (ii) analysis of sexual harassment, harassment on the ground of sex or discrimination risks, incidents and actions;\n    (iii) risk reporting to governing bodies, Chief Executive Officer or equivalent, Agency Head or equivalent and key management personnel;\n    (c) information on any information or data collected by the relevant employer in relation to the prevalence of sexual harassment, harassment on the ground of sex or discrimination in the relevant employer’s workplace, including information or data on the outcomes of any reported incidents;\n    (d) information on any measures in place to support employees who have experienced, or are at risk of experiencing, sexual harassment, harassment on the ground of sex or discrimination.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 3—Application, saving and transitional provisions","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1)","content":"#### 12 Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1)\n\n  Despite the repeal of the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) (the 2013 instrument) by this instrument, the 2013 instrument, as in force immediately before that repeal, continues to apply in relation to a public report in respect of a reporting period that commenced before the repeal of the 2013 instrument.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2025","content":"#### 13 Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2025\n\n  The amendments made by the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2025 apply in relation to a reporting period that commences on a day after the day that instrument commences.","sortOrder":13}],"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":5,"scope_assessment":{"changed":true,"description":"This instrument repeals and replaces the 2013 instrument and therefore changes the reporting specification that applies to future reporting periods. It preserves the 2013 instrument for public reports relating to reporting periods that began before that repeal (s12). It also identifies that amendments in a later 2025 instrument will apply only to reporting periods commencing after that instrument starts (s13). Overall, the instrument updates and restates the matters to be reported under each gender equality indicator (ss6–11), altering the precise content and timing of reporting obligations."},"complexity_factors":["Cross‑references and reliance on multiple external Acts and defined terms (Workplace Gender Equality Act 2012; Sex Discrimination Act 1984; Fair Work Act 2009; Public Service Act 1999) (see s3, s5 notes).","Detailed, disaggregated data requirements across several indicators (workforce composition, promotions, resignations, pay data, parental leave, flexible arrangements, harassment) that increase data‑collection and reporting burden (see ss6–11).","Nuanced exclusions and definitions affecting scope of reporting (for example, exclusion of certain key management personnel in pay data and the specific definition of employment status) (see s5; s8(1)(a)).","Policy and process information requirements (existence of strategies/policies, targets, risk assessments, training and response frameworks) increase documentary and procedural compliance beyond raw data (see ss6(b),7(b)(ii)–(iii),8(1)(b)–(d),9(k)–(n),11(a)–(b)).","Transitional and saving provisions that affect which instrument applies to a given reporting period and create temporal complexity for compliance (continuation of 2013 instrument for earlier reporting periods; future 2025 amendment application) (see ss12–13).","Potential sensitivity and privacy considerations from collecting disaggregated personal data (gender, year of birth, workplace location, remuneration details) that employers must manage."],"plain_english_summary":"This instrument replaces the previous instrument and sets out exactly what workplace gender‑equality information relevant employers must provide to the Agency. It lists the categories of employee and pay data, policies and practices (for example on parental leave, flexible work, consultation, and sexual harassment) that must be reported. It affects employers required to report under the Act, changing the content and data‑collection obligations they must meet and therefore the compliance and administrative costs they bear."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2013 instrument covered five gender equality indicators. This 2023 instrument added a sixth indicator (sexual harassment, harassment on the ground of sex or discrimination) following legislative amendments to the parent Act. It also significantly expanded the scope of reporting required under existing indicators — particularly indicator 4 (flexible work), which now explicitly requires reporting on family and domestic violence support measures, and indicator 3 (equal remuneration), which added detailed requirements about remuneration analysis. The 2023 version also introduced more granular categorisation requirements (manager/non-manager splits) across multiple indicators. The instrument has evolved from basic workforce composition reporting to a comprehensive audit of workplace culture, safety, and support systems."},"complexity_factors":["14 defined terms in the instrument itself, plus 5 terms imported from the parent Act and 3 terms imported from other legislation (Fair Work Act 2009, Sex Discrimination Act 1984, Public Service Act 1999)","Nested structure with 6 gender equality indicators, each containing multiple sub-paragraphs (some with 4+ levels of indentation)","Cross-references to three other Acts for definitions (Workplace Gender Equality Act 2012, Fair Work Act 2009, Sex Discrimination Act 1984, Public Service Act 1999, Acts Interpretation Act 1901)","Conditional logic in reporting requirements (e.g., 'if a relevant employer has a governing body', 'whether any gender remuneration gap analysis has been undertaken and, if so, when')","Technical data collection requirements requiring specific categorisations (e.g., 'annualised full time equivalent remuneration', 'reporting distance above the Chief Executive Officer')","Transitional provisions preserving the old 2013 instrument for existing reporting periods while applying new 2025 amendments to future periods"],"plain_english_summary":"This instrument requires medium and large Australian employers (generally private employers with 100+ employees and some Commonwealth agencies) to report detailed gender‑equality data to the Workplace Gender Equality Agency (WGEA). It sets a mandatory reporting checklist across six gender‑equality indicators.\n\nBy turning broad obligations into specific, granular reporting questions, it forces employers to disclose workforce, pay, leave, flexibility and governance data that WGEA uses to publish benchmarks and employer reports. The 2023 update broadened scope, notably adding sexual‑harassment and enhanced family‑violence and flexible‑work reporting."}},"importantCases":[],"_links":{"self":"/api/acts/workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023","history":"/api/acts/workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023/history","analysis":"/api/acts/workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023/analysis","conflicts":"/api/acts/workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023/conflicts","importantCases":"/api/acts/workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023/important-cases","documents":"/api/acts/workplace-gender-equality-matters-in-relation-to-gender-equality-indicators-instrument-2023/documents"}}