Gender Equality Act 2020 (Victoria)

The Gender Equality Act 2020 creates a statutory framework that requires specified public-sector bodies, Councils and universities to measure, plan for and report on gender equality in their workplaces, and to consider gender equality when designing policies, programs and services. The Act’s stated main purposes are to require the public sector, Councils and universities to take positive action towards achieving workplace gender equality; to require those bodies to promote gender equality in their policies, programs and services; and to establish the Public Sector Gender Equality Commissioner (s 1). The Act also sets out gender equality principles that guide interpretation and implementation (s 6).

Mechanically, the Act does the following:

Defines which organisations are “defined entities” for the Act’s purposes: public service bodies, public entities, special bodies, Councils, Court Services Victoria, universities, the Office of Public Prosecutions and any prescribed entities that have 50 or more employees as at the most recent 30 June before the relevant day (s 5(1)). The regulations may exempt particular entities (s 5(2)).
Imposes a duty on defined entities to consider and promote gender equality in policies, programs and public-facing services and to take necessary and proportionate action towards achieving gender equality (s 7). The Act explicitly states this duty is not intended to create private legal rights or civil causes of action (s 8).
Requires gender impact assessments for any policy, program or service that has a “direct and significant impact on the public” (s 9). The assessment must consider effects on different genders and how the measure will be developed or varied to meet needs, address inequality and promote gender equality (s 9(2)).

Version No. 004

Gender Equality Act 2020

No. 5 of 2020

Version incorporating amendments as at
1 June 2022

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Objects of Act 5

5 Meaning of defined entity 6

6 Gender equality principles 6

Part 2—Duty to promote gender equality 8

7 Duty to promote gender equality 8

8 Duty does not give rise to legal rights etc. 8

Part 3—Gender impact assessments 9

9 Defined entity must undertake gender impact assessments 9

Part 4—Workplace gender equality 10

Division 1—Gender Equality Action Plans 10

10 Defined entity must prepare Gender Equality Action Plan 10

11 Workplace gender audit 10

12 Publication and submission of Gender Equality Action Plan 12

13 Plan prepared for another purpose may be taken to be a Gender Equality Action Plan 12

14 Commissioner to keep register of Gender Equality Action Plans 13

15 Gender Equality Action Plan may be amended 13

Division 2—Workplace gender equality indicators 14

16 Defined entity must make reasonable and material progress 14

Division 3—Gender equality targets and quotas 14

17 Prescribed gender equality targets and quotas 14

18 Defined entity must make progress 15

Part 5—Reports 16

19 Defined entity must prepare progress report 16

20 Progress report must be submitted to Commissioner and published 17

21 Commissioner must keep a register of progress reports 17

Part 6—Monitoring and compliance 18

22 Compliance notices 18

23 Form and content of compliance notice 19

24 Defined entity may disagree with a compliance notice 20

25 Review by Tribunal of decision to confirm compliance notice 20

26 Actions to be taken if compliance notice not complied with 20

27 Enforceable undertakings 21

Part 7—Public Sector Gender Equality Commissioner 23

Division 1—Public Sector Gender Equality Commissioner 23

28 Public Sector Gender Equality Commissioner 23

29 Appointment 23

30 Terms and conditions of appointment 23

31 Remuneration and allowances 24

32 Vacancy and resignation of Commissioner 24

33 Suspension of Commissioner and removal from office 24

34 Acting Commissioner 25

35 Remuneration and allowances for acting Commissioner 26

Division 2—Functions and powers 26

36 Functions of the Commissioner 26

37 Powers of the Commissioner 27

Division 3—Functions in relation to enterprise agreements 27

38 Definitions 27

39 Commissioner may deal with gender equality disputes in agreements 28

40 Commissioner's powers in relation to disputes 29

41 Commissioner may issue policies and procedures 29

42 Commissioner may terminate dispute resolution 29

Division 4—General 29

43 Assistance to be provided 29

44 Ministerial directions 30

45 Delegation 30

46 Secrecy 30

46A Commissioner or specified persons may use or disclose information in certain circumstances 31

Part 8—Miscellaneous 34

Division 1—Guidelines 34

47 Minister may issue guidelines relating to obligations of defined entities 34

48 Funding guidelines 34

49 Procurement guidelines 35

Division 2—State Gender Equality Action Plan 35

50 State Gender Equality Action Plan 35

Division 3—Personal information 36

51 Publication of personal information prohibited 36

Division 4—Review of Act 36

52 Review of operation of Act after 4 years 36

53 Review of operation of Act after 8 years 37

Division 5—Regulations 37

54 Regulations 37

Part 8A—Transitionals 39

54A Transitional provision—Justice Legislation Amendment Act 2022 39

═════════════

Endnotes 41

1 General information 41

2 Table of Amendments 43

3 Explanatory details 44

Version No. 004

Gender Equality Act 2020

No. 5 of 2020

Version incorporating amendments as at
1 June 2022

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to require the public sector, Councils and universities to take positive action towards achieving workplace gender equality; and

(b) to require the public sector, Councils and universities to promote gender equality in their policies, programs and services; and

2 Commencement

(1) Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2) Part 9 of this Act comes into operation on 1 July 2021.

(3) If a provision of this Act other than Part 9 does not come into operation before 31 March 2021, it comes into operation on that day.

3 Definitions

In this Act—

Commissioner means the Public Sector Gender Equality Commissioner appointed under section 29;

compliance notice means a compliance notice issued under section 22;

S. 3 def. of Council amended by No. 20/2022 s. 61(a).

Council has the same meaning as in the Local Government Act 2020;

S. 3 def. of Councillor inserted by No. 20/2022 s. 61(c).

Councillor has the same meaning as it has in section 3(1) of the Local Government Act 2020;

Court Services Victoria means the body of that name established under section 5 of the Court Services Victoria Act 2014;

defined entity has the meaning given in section 5(1);

Department has the same meaning as in section 4(1) of the Public Administration Act 2004;

employee, of a defined entity, means a person employed by the defined entity on a full-time, part-time, casual or fixed term basis (including an apprentice or trainee) but does not include—

(a) a contractor or subcontractor; or

(b) an outworker; or

(d) a student gaining work experience; or

(e) a volunteer;

gender equality means equality of rights, opportunities, responsibilities and outcomes between persons of different genders;

Gender Equality Action Plan means a Gender Equality Action Plan referred to in section 10, and includes a report or document taken to be a Gender Equality Action Plan under section 13;

Gender Equality Action Plan reporting year means the following—

(a) 2021;

(b) each subsequent 4th year;

gender equality principles means the principles set out in section 6;

gender equality quotas means quotas prescribed under section 17(2);

gender equality targets means targets prescribed under section 17(1);

gender impact assessment means an assessment undertaken under section 9;

governing body*,* in relation to a defined entity, means a board of directors, trustees, committee of management, council or other governing authority of the defined entity;

Office of Public Prosecutions means the body of that name established under the Public Prosecutions Act 1994;

S. 3 def. of personal information inserted by No. 20/2022 s. 61(c).

personal information has the same meaning as it has in section 3 of the Privacy and Data Protection Act 2014;

progress report means a report submitted under section 19;

public entity has the meaning given by section 5 of the Public Administration Act 2004;

public service body has the same meaning as in section 4(1) of the Public Administration Act 2004;

S. 3 def. of Secretary amended by No. 20/2022 s. 61(b).

Secretary means the Secretary to the Department of Families, Fairness and Housing;

special body has the meaning given by section 6 of the Public Administration Act 2004;

State Gender Equality Action Plan means the State Gender Equality Action Plan developed by the Minister under section 50;

State Gender Equality Action Plan report means the State Gender Equality Action Plan report prepared under section 50;

Tribunal means VCAT;

workforce, in relation to a defined entity, means the employees of that entity;

workplace gender audit means a workplace gender audit undertaken under section 11;

workplace gender equality indicators means the following—

(a) gender composition of all levels of the workforce;

(b) gender composition of governing bodies;

(d) sexual harassment in the workplace;

(e) recruitment and promotion practices in the workplace;

(f) availability and utilisation of terms, conditions and practices relating to—

(i) family violence leave; and

(ii) flexible working arrangements; and

(iii) working arrangements supporting employees with family or caring responsibilities;

(g) gendered segregation within the workplace;

(h) any other prescribed matters.

4 Objects of Act

The objects of this Act are—

(a) to promote, encourage and facilitate the achievement of gender equality and improvement in the status of women; and

(b) to support the identification and elimination of systemic causes of gender inequality in policy, programs and delivery of services in workplaces and communities; and

(c) to recognise that gender inequality may be compounded by other forms of disadvantage or discrimination that a person may experience on the basis of Aboriginality, age, disability, ethnicity, gender identity, race, religion, sexual orientation and other attributes; and

(d) to redress disadvantage, address stigma, stereotyping, prejudice and violence, and accommodate persons of different genders by way of structural change; and

(e) to enhance economic and social participation by persons of different genders; and

(f) to further promote the right to equality set out in the Charter of Human Rights and Responsibilities and the Convention on the Elimination of All Forms of Discrimination against Women.

5 Meaning of *defined entity*

(1) For the purposes of this Act, an entity is a defined entity on a particular day if it is, on the most recent 30 June before that day—

(a) a public service body; or

(b) a public entity; or

(d) a Council; or

(e) Court Services Victoria; or

(f) a university within the meaning of the Education and Training Reform Act 2006; or

(g) the Office of Public Prosecutions; or

(h) a prescribed entity—

that has 50 or more employees.

(2) The regulations may prescribe a defined entity to be exempt from the application of this Act.

6 Gender equality principles

(1) All Victorians should live in a safe and equal society, have access to equal power, resources and opportunities and be treated with dignity, respect and fairness.

(2) Gender equality benefits all Victorians regardless of gender.

(3) Gender equality is a human right and precondition to social justice.

(4) Gender equality brings significant economic, social and health benefits for Victoria.

(5) Gender equality is a precondition for the prevention of family violence and other forms of violence against women and girls.

(6) Advancing gender equality is a shared responsibility across the Victorian community.

(7) All human beings, regardless of gender, should be free to develop their personal abilities, pursue their professional careers and make choices about their lives without being limited by gender stereotypes, gender roles or prejudices.

(8) Gender inequality may be compounded by other forms of disadvantage or discrimination that a person may experience on the basis of Aboriginality, age, disability, ethnicity, gender identity, race, religion, sexual orientation and other attributes.

(9) Women have historically experienced discrimination and disadvantage on the basis of sex and gender.

(10) Special measures may be necessary to achieve gender equality.

Part 2—Duty to promote gender equality

7 Duty to promote gender equality

A defined entity must, in developing policies and programs and in delivering services that are to be provided to the public, or have a direct and significant impact on the public—

(a) consider and promote gender equality; and

(b) take necessary and proportionate action towards achieving gender equality.

8 Duty does not give rise to legal rights etc.

The Parliament does not intend by this Part—

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of any law in force in Victoria; or

Part 3—Gender impact assessments

9 Defined entity must undertake gender impact assessments

(1) A defined entity must undertake a gender impact assessment when developing or reviewing any policy of, or program or service provided by, the entity that has a direct and significant impact on the public.

(2) A gender impact assessment must—

(a) assess the effects that the policy, program or service may have on persons of different genders; and

(b) state how the policy, program or service will be developed or varied in order to—

(i) meet the needs of persons of different genders; and

(ii) address gender inequality; and

(iii) promote gender equality; and

(c) if practicable, take into account that gender inequality may be compounded by disadvantage or discrimination that a person may experience on the basis of any of the following—

(i) Aboriginality;

(ii) age;

(iii) disability;

(iv) ethnicity;

(v) gender identity;

(vi) race;

(vii) religion;

(viii) sexual orientation.

Part 4—Workplace gender equality

Division 1—Gender Equality Action Plans

10 Defined entity must prepare Gender Equality Action Plan

(1) A defined entity must prepare a Gender Equality Action Plan that includes the following matters—

(a) the results of the workplace gender audit;

(b) strategies and measures for promoting gender equality in the workplace of the defined entity, based on the results of the workplace gender audit;

(2) In preparing a Gender Equality Action Plan, the defined entity must—

(a) take into account the gender equality principles; and

(b) consult with the governing body of the entity, the employees, employee representatives and any other relevant person.

(3) A defined entity must ensure adequate resources are allocated to developing and implementing the Gender Equality Action Plan.

11 Workplace gender audit

(1) A defined entity must undertake a workplace gender audit before developing a Gender Equality Action Plan.

(2) 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, having regard to the following—

(a) the workplace gender equality indicators;

(b) any gender equality targets or gender equality quotas prescribed in relation to the entity;

(c) the disadvantage or discrimination that a person may experience on the basis of any of the following in addition to gender inequality—

(i) Aboriginality;

(ii) age;

(iii) disability;

(iv) ethnicity;

(v) gender identity;

(vi) race;

(vii) religion;

(viii) sexual orientation;

(d) any other matters that the defined entity considers relevant;

(e) any prescribed matters.

(3) A workplace gender audit must be based on the following data as at 30 June in the Gender Equality Action Plan reporting year—

(a) gender-disaggregated data; and

(b) if available, data about Aboriginality, age, disability, ethnicity, gender identity, race, religion and sexual orientation.

12 Publication and submission of Gender Equality Action Plan

(1) A defined entity must submit a Gender Equality Action Plan to the Commissioner on or before—

(a) 31 October in each Gender Equality Action Plan reporting year; or

(b) any later date specified by the Commissioner under subsection (2).

(2) The Commissioner, at the request of the defined entity, may extend the time by which the entity must submit the Gender Equality Action Plan.

(3) Within a reasonable time after submitting the Gender Equality Action Plan to the Commissioner, a defined entity must—

(a) publish the completed Gender Equality Action Plan on its website; and

(b) notify the governing body, the employees and employee representatives of the defined entity of that publication.

(4) To avoid doubt, the obligation in subsection (1) only applies to an entity that is a defined entity as at 30 June of the Gender Equality Action Plan reporting year concerned.

13 Plan prepared for another purpose may be taken to be a Gender Equality Action Plan

(1) A defined entity may submit to the Commissioner a report or document prepared by the defined entity for another purpose and request that it be taken to be a Gender Equality Action Plan.

(2) The report or document is taken to be a Gender Equality Action Plan for the defined entity if the Commissioner is satisfied that—

(a) the report or document includes the matters set out in section 10(1); and

(b) the report or document has been prepared in accordance with section 10(2); and

(c) the report or document has been prepared no more than 12 months before the start of the Gender Equality Action Plan reporting year concerned.

(3) If the report or other document is taken to be a Gender Equality Action Plan, the defined entity must publish it on its website, and notify the governing body, the employees and employee representatives of that publication.

14 Commissioner to keep register of Gender Equality Action Plans

(1) The Commissioner must keep a register of Gender Equality Action Plans submitted to the Commissioner.

(2) The Commissioner may publish a Gender Equality Action Plan submitted to the Commissioner.

15 Gender Equality Action Plan may be amended

(1) A defined entity may amend its Gender Equality Action Plan at any time if the entity considers the amendment is necessary.

(2) If a defined entity amends its Gender Equality Action Plan, the defined entity must—

(a) submit the amended Gender Equality Action Plan to the Commissioner; and

(b) within a reasonable time after submitting the amended Gender Equality Action Plan to the Commissioner, publish the amended plan on its website, and notify the governing body, the employees and employee representatives of that publication.

Division 2—Workplace gender equality indicators

16 Defined entity must make reasonable and material progress

(1) A defined entity must make reasonable and material progress in relation to the workplace gender equality indicators.

(2) For the purposes of subsection (1), the following factors must be taken into account in determining whether a defined entity has made reasonable and material progress—

(a) the size of the defined entity, including the defined entity's number of employees;

(b) the nature and circumstances of the defined entity, including any barriers to making progress;

(d) the defined entity's resources;

(e) the defined entity's operational priorities and competing operational obligations;

(f) the practicability and cost to the defined entity of making progress;

(g) genuine attempts made by the defined entity to make progress.

Division 3—Gender equality targets and quotas

17 Prescribed gender equality targets and quotas

(1) The regulations may prescribe—

(a) targets relating to the workplace gender equality indicators; and

(b) the defined entities or class of defined entities to which those targets apply.

(2) The regulations may prescribe—

(a) quotas relating to the workplace gender equality indicators; and

(b) the defined entities or class of defined entities to which those quotas apply.

18 Defined entity must make progress

(1) A defined entity must make reasonable and material progress towards meeting gender equality targets prescribed in relation to that entity under section 17.

(2) A defined entity must make reasonable and material progress towards meeting gender equality quotas prescribed in relation to that entity under section 17.

(3) For the purposes of subsections (1) and (2), the following factors must be taken into account in determining whether a defined entity has made reasonable and material progress—

(a) the size of the defined entity, including the defined entity's number of employees;

(b) the nature and circumstances of the defined entity, including any barriers to making progress;

(d) the defined entity's resources;

(e) the defined entity's operational priorities and competing operational obligations;

(f) the practicability and cost to the defined entity of making progress;

(g) genuine attempts made by the defined entity to make progress.

Part 5—Reports

19 Defined entity must prepare progress report

(1) A defined entity must submit a progress report to the Commissioner on or before—

(a) 31 October in every second year after submitting a Gender Equality Action Plan; or

(b) any later date specified by the Commissioner under subsection (2).

(2) The Commissioner, at the request of the defined entity, may extend the time by which the defined entity must submit a progress report.

(3) The progress report must—

(a) in relation to any gender impact assessment undertaken by the defined entity within the relevant period—

(i) identify the policy, program or service that was the subject of the assessment; and

(ii) report on the actions taken in response to the requirements in section 9(2)(b); and

(b) report on the defined entity's progress within the relevant period in relation to the measures and strategies set out in the defined entity's Gender Equality Action Plan; and

(i) the workplace gender equality indicators; and

(ii) meeting any gender equality targets or gender equality quotas prescribed in relation to that defined entity.

(4) Despite subsection (3)(a), a defined entity must not identify or report on a policy, program or service if it would disclose—

(a) information that, if it were included in a document, would make that document an exempt document within the meaning of the Freedom of Information Act 1982; or

(b) information the disclosure of which is prohibited or restricted by a provision of another enactment; or

(5) To avoid doubt, the obligation in subsection (1) only applies to an entity that is a defined entity as at 30 June of the year referred to in subsection (1)(a).

(6) In this section—

relevant period means the previous 2 financial years or other prescribed period.

20 Progress report must be submitted to Commissioner and published

A defined entity must publish its progress report on its website as soon as reasonably practicable after it is submitted under section 19(1).

21 Commissioner must keep a register of progress reports

The Commissioner must keep a register of progress reports.

Part 6—Monitoring and compliance

22 Compliance notices

(1) Subject to subsection (3), the Commissioner may issue a compliance notice to a defined entity if the Commissioner reasonably believes that the defined entity, without reasonable excuse, has failed to comply with this Act by—

(a) not preparing a Gender Equality Action Plan in accordance with this Act; or

(b) not submitting a Gender Equality Action Plan within the time required by section 12; or

(d) not submitting a progress report within the time required by section 19; or

(e) not making reasonable and material progress in relation to the workplace gender equality indicators; or

(f) not making reasonable and material progress towards meeting gender equality targets; or

(g) not making reasonable and material progress towards meeting gender equality quotas.

(2) A defined entity must comply with a compliance notice.

(3) Before issuing a compliance notice, the Commissioner must take reasonable steps to resolve the matter informally.

(4) A compliance notice may require the defined entity—

(a) to prepare and submit a Gender Equality Action Plan; or

(b) to prepare and submit a progress report; or

23 Form and content of compliance notice

(1) A compliance notice issued to a defined entity must—

(a) state the requirement of this Act with which the defined entity has failed to comply; and

(b) state the basis for the Commissioner's belief that the defined entity has failed to comply with that requirement; and

(d) specify the date by which the defined entity must take the action; and

(e) state the further action that the Commissioner may take if the defined entity does not comply with the notice; and

(f) state that the defined entity may disagree with the compliance notice within 14 days after receiving the notice.

(2) For the purposes of subsection (1)(d), the date specified in the compliance notice must be—

(a) if the compliance notice requires the entity to submit a Gender Equality Action Plan or a progress report, not less than 60 days after the notice is issued; or

(b) in any other case, not less than 14 days after the notice is issued.

(3) The Commissioner, by further written notice, may extend the time period specified in the compliance notice for up to 24 months.

24 Defined entity may disagree with a compliance notice

(1) If a defined entity disagrees with a compliance notice, the entity has 14 days after receiving the compliance notice to give a written response to the Commissioner outlining the entity's reasons for disagreeing with the compliance notice.

(2) After considering a response under subsection (1), the Commissioner may, by notice in writing—

(a) withdraw the compliance notice; or

(b) amend the compliance notice; or

(3) If the compliance notice is confirmed or amended—

(a) the notice must specify a period within which the defined entity must comply; and

(b) the defined entity must comply within that period.

25 Review by Tribunal of decision to confirm compliance notice

(1) A defined entity may apply to the Tribunal for review of the Commissioner's decision to confirm a compliance notice under section 24(2)(c).

(2) An application for review must be made within 28 days after the defined entity receives notice of the Commissioner's decision.

26 Actions to be taken if compliance notice not complied with

If a defined entity does not comply with a compliance notice within the time period specified in the notice, the Commissioner may do one or more of the following—

(a) accept a written undertaking from the defined entity under which the entity undertakes to take certain action to comply with this Act;

(b) recommend the Minister take any action that the Commissioner considers appropriate to ensure the defined entity's compliance with this Act;

(c) publish on the Commissioner's website the name of the defined entity and the requirement of this Act that the entity has failed to comply with;

(d) apply to the Tribunal for an order directing the defined entity to comply with the notice.

27 Enforceable undertakings

(1) This section applies if the Commissioner has accepted an undertaking given by a defined entity under section 26(a).

(2) The defined entity, with the consent of the Commissioner, may withdraw or vary the undertaking.

(3) While the undertaking is in force, the Commissioner must not take any further action under section 26 or issue any further compliance notice with respect to the matter that is the subject of the undertaking.

(4) If the defined entity complies with the undertaking, the Commissioner must not take any action under section 26 or issue any compliance notice with respect to the matter that is the subject of the undertaking.

(5) If the Commissioner considers that the defined entity has failed to comply with any terms of the undertaking, the Commissioner may apply to the Tribunal for an order enforcing the undertaking.

(6) If the Tribunal determines that the defined entity has failed to comply with a term of the undertaking, the Tribunal may—

(a) make an order directing the entity to comply with that term of the undertaking; or

(b) make an order directing the defined entity to take any specified action in order to comply with that term of the undertaking; or

Part 7—Public Sector Gender Equality Commissioner

Division 1—Public Sector Gender Equality Commissioner

28 Public Sector Gender Equality Commissioner

There is to be a Public Sector Gender Equality Commissioner.

29 Appointment

(1) The Minister may appoint a person to be the Public Sector Gender Equality Commissioner.

(2) The Minister must not appoint a person as the Commissioner if the person is—

(a) a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or

S. 29(2)(b) substituted by No. 20/2022 s. 62.

(b) a Councillor.

(3) A person may hold office as the Commissioner for not more than 9 years (whether appointed for consecutive terms or otherwise).

30 Terms and conditions of appointment

(1) The Commissioner is appointed for the period, not exceeding 4 years, set out in the instrument of appointment.

(2) Subject to this Part, the Commissioner is appointed on the terms and conditions set out in the instrument of appointment.

(3) The Commissioner may hold office on a full-time or part-time basis.

(4) Subject to section 29(3), the Commissioner may be reappointed.

(5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Commissioner in respect of the office of the Commissioner.

(6) The Commissioner must not, without the consent of the Minister, engage in paid employment or conduct any trade or business outside the duties of the Commissioner.

31 Remuneration and allowances

The Commissioner is entitled to receive the remuneration and allowances determined by the Minister.

32 Vacancy and resignation of Commissioner

The Commissioner ceases to hold office if the Commissioner—

(a) resigns by notice in writing delivered to the Minister; or

(b) becomes an insolvent under administration; or

(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election for or is elected to the Parliament of Victoria or of the Commonwealth or of another State or a Territory, or a Council; or

(e) is removed from office under section 33.

33 Suspension of Commissioner and removal from office

(1) The Minister may suspend or remove the Commissioner from office on any of the following grounds—

(a) neglect of the Commissioner in carrying out the duties of office;

(b) any misconduct of the Commissioner in carrying out the duties of office;

(d) engaging in employment (whether paid or unpaid) outside the duties of office without the consent of the Minister.

(2) The Minister may suspend the Commissioner from office on any other ground on which the Minister is satisfied that the Commissioner is unfit to hold office.

(3) A suspension under subsection (1) or (2) must not exceed 12 months*.*

(4) If the Commissioner is suspended from office under subsection (1) or (2), the Commissioner is taken not to be the Commissioner during the period of suspension.

(5) The Commissioner is restored to office at the end of the period of suspension unless the Commissioner is earlier removed from office.

34 Acting Commissioner

(1) The Minister may appoint an eligible person to act as the Commissioner—

(a) during a vacancy in the office of the Commissioner; or

(b) during any period when the Commissioner is absent from duty or from the State or, for another reason, is unable to perform the functions and duties of the office.

(2) A person is not eligible to be appointed to act as the Commissioner if the person is—

(a) a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or

S. 34(2)(b) substituted by No. 20/2022 s. 63.

(b) a Councillor.

(3) An appointment under subsection (1) is for the period, not exceeding 12 months, set out in the instrument of appointment.

(4) The Minister may at any time remove the acting Commissioner from office.

(5) While a person is acting in the office of the Commissioner the person has all the powers and may perform all the functions and duties of the Commissioner under this Act.

35 Remuneration and allowances for acting Commissioner

An acting Commissioner is entitled to receive the remuneration and allowances determined by the Minister.

Division 2—Functions and powers

36 Functions of the Commissioner

The Commissioner has the following functions—

(a) to promote and advance the objects of this Act throughout the public sector;

(b) to support defined entities to comply with this Act;

(d) to establish and undertake information and education programs for defined entities in order to encourage best practice and facilitate compliance;

(e) to undertake research into any matter related to the operation and objectives of this Act;

(f) to report to the Minister on any matter arising from the performance of the Commissioner's functions;

(g) any other function conferred on the Commissioner under this Act or any other Act.

37 Powers of the Commissioner

The Commissioner has all the powers necessary to perform the Commissioner's functions.

Division 3—Functions in relation to enterprise agreements

38 Definitions

(1) In this Division—

covers—

(a) in relation to an enterprise agreement, has the same meaning as in section 53 of the Fair Work Act 2009 of the Commonwealth; and

(b) in relation to a workplace determination, has the same meaning as in section 277 of the Fair Work Act 2009 of the Commonwealth;

designated body means the following—

(a) a public sector body;

(b) Court Services Victoria;

(d) a defined entity prescribed by the regulations;

enterprise agreement means an enterprise agreement within the meaning of the Fair Work Act 2009 of the Commonwealth;

public sector body has the same meaning as in the Public Administration Act 2004;

systemic gender equality issue means an issue of a systemic nature within a designated body that—

(a) relates to one or more workplace gender equality indicators; and

(b) adversely affects a class or a group of employees of that body.

workplace determination means a workplace determination within the meaning of the Fair Work Act 2009 of the Commonwealth.

(2) Before the Governor in Council makes a regulation prescribing a body to be a designated body, the Minister must obtain the consent of—

(a) the Minister or Ministers responsible for the designated body; and

(b) the Minister responsible for administering the Fair Work (Commonwealth Powers) Act 2009.

39 Commissioner may deal with gender equality disputes in agreements

(1) The Commissioner may deal with a dispute arising under an enterprise agreement or a workplace determination that covers a designated body if—

(a) the dispute relates to a systemic gender equality issue; and

(b) the dispute is referred to the Commissioner in accordance with a term of the enterprise agreement or workplace determination by a person covered by the enterprise agreement or workplace determination.

(2) The Commissioner may decline to deal with the dispute if the Commissioner considers it is appropriate in the circumstances to do so.

40 Commissioner's powers in relation to disputes

(1) Subject to this section, the Commissioner may deal with a dispute referred under section 39 in any way the Commissioner considers appropriate.

(2) The Commissioner must deal with a dispute independently and impartially.

(3) The Commissioner must not deal with a dispute by arbitration.

(4) The Commissioner cannot make any binding determination in relation to a dispute.

41 Commissioner may issue policies and procedures

The Commissioner may issue policies and procedures on the manner in which disputes should be dealt with under this Division.

42 Commissioner may terminate dispute resolution

The Commissioner may terminate a dispute before it is resolved if the Commissioner considers it appropriate to do so.

Division 4—General

43 Assistance to be provided

(1) The Commissioner may make a request in writing to the Secretary for assistance in connection with the reasonable performance of the Commissioner's functions.

(2) The Secretary must consider any reasonable request for assistance made by the Commissioner.

44 Ministerial directions

(1) Subject to subsection (2), the Commissioner must exercise the powers and perform the functions of the Commissioner under this Act or any other Act subject to any written directions given by the Minister.

(2) Subsection (1) does not apply in respect of the exercise of powers or the performance of functions by the Commissioner under Division 3, whether generally or in respect of a particular dispute.

45 Delegation

(1) The Commissioner may delegate, by instrument, any power of the Commissioner under this Act or any other Act, other than this power of delegation or a power of the Commissioner under Division 3, to any person who is employed under the Public Administration Act 2004 and has the necessary skills to exercise that power.

(2) The Commissioner may delegate, by instrument, any power of the Commissioner under Division 3 to any person who has the necessary skills and independence to exercise that power.

S. 46 substituted by No. 20/2022 s. 64.

46 Secrecy

(1) Subject to section 46A, the Commissioner or a person specified in subsection (2) must not use or disclose any information obtained by or provided to the Commissioner or that person under Division 3 for any purpose other than the purpose for which it was obtained or provided.

(2) The specified persons are—

(a) a person referred to in section 45(1) or (2); or

(b) a person employed under Part 3 of the Public Administration Act 2004 assisting the Commissioner in accordance with section 43; or

(c) a person engaged to assist the Commissioner in the performance of the Commissioner's functions or duties, or the exercise of the Commissioner's powers, whether or not employed under Part 3 of the Public Administration Act 2004.

S. 46A inserted by No. 20/2022 s. 65.

46A Commissioner or specified persons may use or disclose information in certain circumstances

(1) This section applies despite any Act or other law to the contrary other than the Charter of Human Rights and Responsibilities.

(2) The Commissioner or a person specified in section 46(2) may use or disclose information obtained by or provided to the Commissioner or that person under Division 3 if—

(a) the use or disclosure is reasonably necessary for the Commissioner to perform a duty or function or exercise a power under this Act or any other Act and, if the information contains personal information—

(i) the person to whom the personal information relates consents to the use or disclosure of that personal information; or

(ii) the personal information is removed from the information before the information is used or disclosed; or

(b) the disclosure is to a court or tribunal in the course of a legal proceeding; or

(d) the disclosure is to the Commissioner or another person specified in section 46(2) (as the case requires); or

(e) the use or disclosure is for the purposes of obtaining or seeking legal advice; or

(f) the use or disclosure is authorised, required or permitted under any other Act or law.

(3) Subject to subsection (4), the Commissioner may disclose information obtained by or provided to the Commissioner or a person specified in section 46(2) under Division 3 if—

(a) the disclosure is to—

(i) the Victorian Equal Opportunity and Human Rights Commission continued in existence under section 154 of the Equal Opportunity Act 2010; or

(ii) the Fair Work Commission established under section 575 of the Fair Work Act 2009 of the Commonwealth; or

(iii) a prescribed person or body; and

(b) the Commissioner considers that the information is relevant to the performance of a duty or function, or the exercise of a power, of—

(i) the Commissioner; or

(ii) the person or body to whom the information is being disclosed.

(4) The Commissioner may only disclose information that contains personal information under subsection (3) if—

(a) the person to whom the personal information relates consents to the disclosure of that personal information, where it is reasonably practicable to obtain that person's consent; or

(b) the Commissioner is satisfied that the public interest in disclosing the personal information without consent outweighs the public interest in not disclosing personal information without consent; or

Part 8—Miscellaneous

Division 1—Guidelines

47 Minister may issue guidelines relating to obligations of defined entities

(1) The Minister may issue guidelines for the purpose of assisting defined entities to meet the requirements of this Act in relation to the following—

(a) preparing and implementing Gender Equality Action Plans;

(b) preparing progress reports;

(d) complying with the duty to promote gender equality;

(e) any other matter that the Minister considers appropriate.

(2) A defined entity must have regard to any guidelines issued under subsection (1).

48 Funding guidelines

(1) The Treasurer or the Minister responsible for administering Part 7 of the Financial Management Act 1994, in consultation with the Minister, may issue guidelines in relation to the allocation of funding or grants, or entering into service agreements, for the purposes of promoting and advancing gender equality.

(2) A defined entity that is subject to guidelines issued under subsection (1) must have regard to the guidelines.

49 Procurement guidelines

(1) The Minister responsible for administering Part 7 of the Financial Management Act 1994, in consultation with the Minister, may issue guidelines relating to procurement policies and practices for the purposes of promoting and advancing gender equality.

(2) A defined entity that is subject to guidelines issued under subsection (1) must have regard to the guidelines.

Division 2—State Gender Equality Action Plan

50 State Gender Equality Action Plan

(1) The Minister must ensure that a State Gender Equality Action Plan is developed every 4 years.

(2) The State Gender Equality Action Plan must set out a framework for taking coordinated action in Victoria to build the attitudinal, behavioural, structural and normative change required to improve gender equality.

(3) The State Gender Equality Action Plan—

(a) must be developed having regard to the gender equality principles; and

(b) must include a framework for progress in relation to workplace gender equality and gender equality in the public sector's policies, programs and services.

(4) The Minister must prepare a State Gender Equality Action Plan report every 2 years about progress towards implementing the State Gender Equality Action Plan.

(5) The State Gender Equality Action Plan report must include an assessment of progress, on an aggregated state-wide basis, made by defined entities in the previous 2 years in relation to—

(a) Gender Equality Action Plans; and

(b) gender equality targets and gender equality quotas.

(6) The Minister must cause the State Gender Equality Action Plan report to be tabled in each House of the Parliament within 10 sitting days of the report's completion.

Division 3—Personal information

51 Publication of personal information prohibited

(1) A defined entity must, before publication, remove any personal information from the following—

(a) a Gender Equality Action Plan;

(b) a progress report.

(2) When submitting to the Commissioner material that is likely to be published, a defined entity must advise the Commissioner whether the material contains any personal information.

(3) The Commissioner must remove any personal information from a Gender Equality Action Plan or progress report before it is published or further distributed.

S. 51(4) repealed by No. 20/2022 s. 66.

Division 4—Review of Act

52 Review of operation of Act after 4 years

(1) The Minister must cause a review to be conducted of the first 4 years of operation of this Act.

(2) On completing the review, the Minister must cause a report of the review to be laid before each House of the Parliament.

53 Review of operation of Act after 8 years

(1) The Minister must cause a review to be conducted of the 5th to 8th years of operation of this Act.

(2) On completing the review, the Minister must cause a report of the review to be laid before each House of the Parliament.

Division 5—Regulations

54 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Without limiting subsection (1), the regulations may prescribe matters for or with respect to the following—

(a) matters to be included in Gender Equality Action Plans and format of Gender Equality Action Plans;

(b) matters to be included in gender impact assessments, the process for undertaking gender impact assessments and format of gender impact assessments;

(c) matters to be included in workplace gender audits, the process for undertaking workplace gender audits and format of workplace gender audits;

(d) method and format for progress reports.

(3) Regulations made under this Act—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances; and

(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and

(d) may exempt persons or things from the application of the whole or any provision of this Act or the regulations, subject to conditions or unconditionally; and

(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and

(f) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body—

(i) wholly or partially or as amended by the regulations; or

(ii) as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or

(iii) as formulated, issued, prescribed (whether under this or any other Act) or published from time to time.

Pt 8A (Heading and s. 54A) inserted by No. 20/2022 s. 67.

Part 8A—Transitionals

S. 54A inserted by No. 20/2022 s. 67.

54A Transitional provision—Justice Legislation Amendment Act 2022

The amendment of sections 29(2)(b) and 34(2)(b) by the Justice Legislation Amendment Act 2022 does not affect any appointment under either of those sections existing before that amendment or anything done by a person appointed pursuant to either of those sections before that amendment.

Pt 9 (Headings and ss 55, 56) amended by No. 9/2020 s. 390(Sch. 1 item 45A), repealed by No. 5/2020 s. 56.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 27 November 2019

Legislative Council: 6 February 2020

The long title for the Bill for this Act was "A Bill for an Act to require the public sector, Councils and universities to promote gender equality, to take positive action towards achieving gender equality, to establish the Public Sector Gender Equality Commissioner and for other purposes."

The Gender Equality Act 2020 was assented to on 25 February 2020 and came into operation as follows:

Parts 1−8 (sections 1−54) on 31 March 2021: section 2(3); Part 9 (sections 55, 56) on 1 July 2021: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Gender Equality Act 2020 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gender Equality Act 2020, No. 5/2020

Assent Date:	25.2.20
Commencement Date:	S. 56 on 1.7.21: s. 2(2)
Note:	S. 56 repealed Pt 9 (ss 55, 56) on 31.3.22
Current State:	This information relates only to the provision/s amending the Gender Equality Act 2020

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 45A) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Gender Equality Act 2020

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:	31.5.22
Commencement Date:	Ss 61–67 on 1.6.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Gender Equality Act 2020

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Gender Equality Act 2020

Version No. 004

Gender Equality Act 2020

No. 5 of 2020

Version incorporating amendments as at
1 June 2022

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Objects of Act 5

5 Meaning of defined entity 6

6 Gender equality principles 6

Part 2—Duty to promote gender equality 8

7 Duty to promote gender equality 8

8 Duty does not give rise to legal rights etc. 8

Part 3—Gender impact assessments 9

9 Defined entity must undertake gender impact assessments 9

Part 4—Workplace gender equality 10

Division 1—Gender Equality Action Plans 10

10 Defined entity must prepare Gender Equality Action Plan 10

11 Workplace gender audit 10

12 Publication and submission of Gender Equality Action Plan 12

13 Plan prepared for another purpose may be taken to be a Gender Equality Action Plan 12

14 Commissioner to keep register of Gender Equality Action Plans 13

15 Gender Equality Action Plan may be amended 13

Division 2—Workplace gender equality indicators 14

16 Defined entity must make reasonable and material progress 14

Division 3—Gender equality targets and quotas 14

17 Prescribed gender equality targets and quotas 14

18 Defined entity must make progress 15

Part 5—Reports 16

19 Defined entity must prepare progress report 16

20 Progress report must be submitted to Commissioner and published 17

21 Commissioner must keep a register of progress reports 17

Part 6—Monitoring and compliance 18

22 Compliance notices 18

23 Form and content of compliance notice 19

24 Defined entity may disagree with a compliance notice 20

25 Review by Tribunal of decision to confirm compliance notice 20

26 Actions to be taken if compliance notice not complied with 20

27 Enforceable undertakings 21

Part 7—Public Sector Gender Equality Commissioner 23

This Act operates through a short list of repeatable legal devices: definitional thresholding, mandatory measurement, formal planning and public transparency, central oversight via a statutory Commissioner, compliance notices and administrative enforcement, and delegated prescription by regulation and guideline. Key statutory concepts and how they are expressed in the text follow.

Defined entity. An entity is a “defined entity” on a particular day if, on the most recent 30 June before that day, it is among a listed class of public or quasi‑public bodies and has 50 or more employees (s 5(1)). The list includes public service bodies, public entities, special bodies, Councils, Court Services Victoria, universities and the Office of Public Prosecutions; the regulations can add or exempt entities (s 5(1)-(2)). Employee excludes contractors, outworkers, vocational placements, work‑experience students and volunteers (s 3).

Duty to promote gender equality. The statutory duty appears in Part 2: defined entities must, when developing policies/programs and delivering services that are provided to the public or have a direct and significant impact on the public, consider and promote gender equality and take necessary and proportionate action towards achieving it (s 7). The duty is framed as a public‑policy obligation and is expressly not intended to create enforceable private rights or civil causes of action (s 8).

Gender impact assessment. Section 9 requires a gender impact assessment when a defined entity develops or reviews any policy, program or service with direct and significant public impact. The assessment must evaluate different gender effects, and state how the measure will be developed or varied to meet needs, address inequality and promote gender equality (s 9(2)). It must, “if practicable”, account for intersectional disadvantages listed in s 9(2)(c).

Workplace gender audit and Gender Equality Action Plan. Defined entities must undertake a workplace gender audit as at 30 June in the relevant reporting year (s 11). Audits must address the workplace gender equality indicators (defined in s 3), prescribed targets/quotas, and intersectional disadvantages “in addition to gender inequality” (s 11(2)). A GEAP must include audit results and strategies based on the audit (s 10). Plans must be submitted to the Commissioner by 31 October in each GEAP reporting year (2021 and each subsequent fourth year) or a later date specified by the Commissioner (s 3 def’n of reporting year; s 12).

Workplace gender equality indicators and progress obligations. The Act defines a basket of indicators (s 3), including workforce gender composition, governing bodies, equal remuneration for work of equal or comparable value, sexual harassment, recruitment and promotion practices, family violence leave and flexible working arrangements, and gendered segregation (s 3). Defined entities must make “reasonable and material progress” against these indicators (s 16). The Act lists seven factors to be taken into account when assessing whether progress is reasonable and material, including size, nature and circumstances of the entity, resource constraints, operational priorities, practicability and cost, and genuine attempts to progress (s 16(2)).

Targets and quotas. The regulations may prescribe gender equality targets and quotas and the entities or classes they apply to (s 17). Where prescribed, the Act makes progress towards prescribed targets and quotas a statutory obligation (s 18), with the same set of seven factors applying to the assessment of reasonable and material progress under s 18(3).

Reporting, registers and publication. Progress reports are required every second year after submitting a GEAP and must report on gender impact assessments, actions taken in response to s 9(2)(b), progress against the GEAP measures and detail progress on the indicators and prescribed targets/quotas (s 19). The Commissioner must keep registers of GEAPs and progress reports and may publish submitted documents (s 14, s 21). Defined entities must publish their GEAPs and progress reports and notify governing bodies and employees (s 12(3), s 20).

Compliance tools and enforcement. The Commissioner may issue compliance notices when the Commissioner reasonably believes a defined entity, without reasonable excuse, has failed to comply with specified duties (s 22(1)). A compliance notice must set out the statutory requirement breached, basis for belief, remedial action required and time by which it must be taken (s 23). Entities can disagree within 14 days (s 23(1)(f), s 24) and seek VCAT review of a confirmed compliance notice within 28 days (s 25). If an entity does not comply, the Commissioner may accept written undertakings, recommend Ministerial action, publish the entity’s name and apply to the Tribunal for an order directing compliance (s 26). Enforceable undertakings can be enforced in the Tribunal (s 27).

Institutional apparatus and limits. The Act establishes the Public Sector Gender Equality Commissioner (s 28-37), sets appointment and tenure rules (s 29-35), empowers the Commissioner to provide advice, education and research (s 36), and to exercise “all the powers necessary” to perform functions (s 37). The Minister may issue guidelines; the Commissioner is subject to the Minister’s written directions generally, but not in relation to Division 3 functions dealing with enterprise agreements (s 44). Secrecy and permitted disclosures in relation to Division 3 are governed by ss 46-46A.

Regulation and delegated instruments. The Act contains broad regulatory powers to prescribe formats, content, targets, quotas, exemptions and ancillary matters (s 54). The regulations may also leave matters to be determined by specified persons and may apply external documents by reference (s 54(2)-(3)).

Start-point: the Act operates only on a defined class of public and quasi‑public organisations. The statutory definition determines affected organisations by reference to institutional status and an employee threshold. An entity is a “defined entity” if, on the most recent 30 June before the relevant day, it is one of the prescribed types (public service body; public entity; special body; Council; Court Services Victoria; university within the meaning of the Education and Training Reform Act 2006; Office of Public Prosecutions; or a prescribed entity) and has 50 or more employees (s 5(1)). The regulations may either prescribe additional entities or exempt existing ones from the Act (s 5(2), s 54(2)(d)). This means the set of covered bodies is not static and can be adjusted by subordinate instruments.

Employees and workforce groups. The Act’s duties and reporting obligations principally affect the employees of the defined entity because audits, action plans and progress reports must address workforce composition, recruitment and promotion, remuneration comparators, sexual harassment, family‑related leave and flexibility (definition of “workplace gender equality indicators” in s 3, and ss 11, 16). The Act’s definition of “employee” is limited to persons employed by the defined entity on a full‑time, part‑time, casual or fixed‑term basis, including apprentices and trainees, and explicitly excludes contractors, subcontractors, outworkers, vocational placements, students gaining work experience and volunteers (s 3). That exclusion matters for entities with large contractor workforces because contractors fall outside the headcount that determines defined entity status and outside the employee measures the audits must capture.

Governing bodies and executive decision‑makers. The Act requires consultation with governing bodies, employees and employee representatives when preparing GEAPs (s 10(2)), requires the GEAP to be notified to the governing body (s 12(3)(b), s 15(2)(b)), and requires audits to study governing‑body composition as an indicator (definition in s 3). Consequently boards, councils and senior executives will be required to engage and may need to allocate budget and staff time for data collation, change programs and reporting. The Minister and Treasurer are also affected as they may issue guidelines on procurement and funding that bodies “must have regard to” (s 48-49).

The Public Sector Gender Equality Commissioner. The Commissioner is a statutory office holder with powers to require, review and publicise GEAPs and progress reports, issue compliance notices and accept or enforce undertakings (s 28-37; Part 6). The Commissioner is both a regulator and a source of advice, research and education (s 36). The Commissioner may request assistance from the Secretary; the Secretary must consider reasonable requests (s 43).

Minister and Parliament. The Minister is responsible for appointing the Commissioner (s 29) and may issue guidelines under s 47; the Minister also must prepare a State Gender Equality Action Plan every four years and table progress reports to Parliament (s 50(1), (4)-(6)). These roles give the Minister strategic control over instruments that frame how entities comply.

Tribunal and courts. VCAT is the Tribunal referenced in the Act. A defined entity may apply to VCAT for review of a decision to confirm a compliance notice (s 25). The Commissioner may apply to the Tribunal for orders to enforce compliance or for enforcement of undertakings (s 26(d), s 27(5)-(6)). The Act therefore routes enforcement principally through administrative and tribunal channels rather than criminal sanctions.

Third parties: unions, employee representatives and external regulators. The Act allows employee representatives to be consulted in GEAP preparation (s 10(2)), and the Commissioner may disclose Division 3 information to the Victorian Equal Opportunity and Human Rights Commission and the Fair Work Commission where relevant (s 46A(3)). Where enterprise agreements include procedures that refer systemic gender equality disputes to the Commissioner, unionised employees or bargaining parties can trigger Commissioner involvement (s 39).

Members of the public and users of public services. The duty in s 7 applies to policies, programs and services that are provided to the public or have a direct and significant impact on the public. That imposes an obligation on defined entities to assess public‑facing services for gendered effects (s 9), so the design and delivery of public services will be affected rather than being limited to internal employment matters.

Privacy and data subjects. The Act requires data collection for audits and mandates removal of personal information before publication of GEAPs or progress reports, with the Commissioner required to remove personal information before publishing (s 51). Individuals whose data is used in audits are therefore subject to collection and anonymisation processes required by the Act.

Excluded parties. Entities with fewer than 50 employees at the relevant 30 June are not defined entities and are therefore not directly bound by the Act’s obligations (s 5(1)). Contractors and other excluded “employees” (as listed in s 3) are outside the employee-based measures, though they may still be affected indirectly by organisational changes.

The Act creates a structured set of duties on defined entities and limited statutory procedural rights for entities in the compliance process. The principal duties and safeguards follow.

Duties imposed on defined entities

Duty to consider and promote gender equality in public‑facing policies, programs and services and to take necessary and proportionate action towards achieving gender equality (s 7). This is a process and outcome‑oriented obligation applying to public impact activities.
Duty to undertake gender impact assessments for any policy, program or service developed or reviewed that has a direct and significant impact on the public; the assessment must evaluate gendered effects and set out how the measure will be varied to meet gender needs, address inequality and promote gender equality (s 9(1)-(2)).
Duty to undertake a workplace gender audit before preparing a Gender Equality Action Plan (s 11(1)). Audits must assess the state and nature of gender inequality as at 30 June in the GEAP reporting year against prescribed indicators and, where available, intersectional data (s 11(2)-(3)).
Duty to prepare a Gender Equality Action Plan that includes audit results, strategies and measures, to consult with governing bodies, employees and representatives and to allocate adequate resources to prepare and implement the plan (s 10(1)-(3)).
Duty to submit GEAPs to the Commissioner by 31 October in each GEAP reporting year or a later date specified by the Commissioner (s 12(1)-(2)); publish the plan and notify the governing body and employees once submitted (s 12(3)).
Duty to make “reasonable and material progress” in relation to the workplace gender equality indicators (s 16). The Act prescribes the factors to be considered in judging whether progress is reasonable and material (s 16(2)).
If targets and quotas are prescribed in the regulations, a duty to make reasonable and material progress towards meeting those prescribed targets and quotas (s 17-18).
Duty to submit a progress report to the Commissioner every second year after submitting a GEAP, reporting on gender impact assessments undertaken, actions taken, progress against the GEAP measures and the workplace gender equality indicators, and demonstrating progress on prescribed targets/quotas (s 19-20). The progress report must avoid identification that would make content FOI‑exempt, breach other enactments or disclose confidential matters (s 19(4)).

Procedural rights and mechanisms available to defined entities

The Commissioner must take reasonable steps to resolve non‑compliance issues informally before issuing a compliance notice (s 22(3)). That gives entities the opportunity to negotiate outcomes before formal escalation.
Where the Commissioner issues a compliance notice, it must specify the statutory requirement allegedly breached, the basis for that belief, the remedial action required and the timeframe, and must give the entity 14 days to disagree (s 23(1)(a)-(f), s 23(2)-(3)). If the notice requires a plan or progress report, the notice period must be at least 60 days (s 23(2)(a)).
A defined entity can disagree with a compliance notice by providing written reasons within 14 days; after considering the response the Commissioner may withdraw, amend or confirm the notice; if confirmed or amended it will specify a period for compliance (s 24).
If the Commissioner confirms a compliance notice, the defined entity has a right of review to VCAT within 28 days of notice of the confirmation (s 25).
The Commissioner has a set of enforcement options if a compliance notice is not complied with: accept a written undertaking, recommend Ministerial action, publish the entity’s name and the relevant failure, or apply to the Tribunal for an order directing compliance (s 26). If an undertaking is accepted, the Commissioner is constrained from taking further action on that matter while the undertaking remains in force (s 27(3)-(4)); failing to comply with the undertaking allows Tribunal enforcement (s 27(5)-(6)).
The Commissioner may extend timeframes for submission of GEAPs and progress reports at the entity’s request (s 12(2), s 19(2)), and may extend compliance notice time periods by written notice for up to 24 months (s 23(3)). These provisions offer discretion to accommodate practical constraints.

Institutional duties and constraints on the Commissioner

The Commissioner must promote the Act’s objects across the public sector, support defined entities to comply, provide advice and education, undertake research and report to the Minister (s 36). These functions are both facilitative and supervisory.
The Minister may issue written directions to the Commissioner generally, though not in relation to the Commissioner’s functions under Division 3 concerning enterprise agreements and workplace determinations (s 44(1)-(2)), which preserves some independence in that specific area.
The Commissioner is subject to confidentiality obligations about information obtained in relation to Division 3 disputes (s 46), with exceptions set out in s 46A that permit certain disclosures for operational purposes and to specified bodies (s 46A(2)-(4)).

Limits on private enforcement and remedies

The Act explicitly states the Parliament did not intend Part 2 to create any legal right or give rise to any civil cause of action, or to affect interpretation of other laws or the validity of judicial or administrative acts (s 8). That limits the prospect of private suits based solely on the statutory duty to promote gender equality.

Other interaction rights

Defined entities must have “regard to” Ministerial guidelines and any funding or procurement guidelines issued under ss 47-49 (s 47(2), s 48(2), s 49(2)). This creates a statutory expectation of compliance with policy guidance, although the language “have regard to” does not equate to strict legal requirement.

The Act does not create criminal offences or express monetary penalties. Enforcement relies on administrative notices, public disclosure, undertakings and Tribunal orders. The design emphasises administrative compulsion, transparency and Tribunal enforcement rather than fines or criminal sanctions. Key enforcement mechanisms and procedural safeguards are set out in Parts 6 and 7.

Compliance notices

The Commissioner may issue a compliance notice where the Commissioner reasonably believes a defined entity has, without reasonable excuse, failed to comply with specified obligations (s 22(1)). Specified failures include not preparing or submitting a GEAP or progress report on time, and not making reasonable and material progress on the indicators, targets or quotas (s 22(1)(a)-(g)).
Before issuing a compliance notice the Commissioner must take reasonable steps to resolve the matter informally (s 22(3)). This is an administrative prerequisite to formal enforcement.

Form and timing of compliance notices

A compliance notice must state the requirement breached, the basis for the Commissioner's belief, the remedial action required, the date by which action must be taken, further action the Commissioner may take if the entity does not comply, and that the entity may disagree with the notice within 14 days (s 23(1)(a)-(f)).
Statutory minimum timeframes apply: if the notice requires submission of a GEAP or progress report, the date set must be not less than 60 days after issue; in other cases, not less than 14 days (s 23(2)). The Commissioner may, by further written notice, extend the compliance period for up to 24 months (s 23(3)).

Dispute and review processes

A defined entity may disagree with a compliance notice by providing written reasons within 14 days (s 24(1)). After considering the response the Commissioner may withdraw, amend or confirm the notice (s 24(2)). If the notice is confirmed or amended, the notice will specify a period within which the entity must comply and the entity must comply within that period (s 24(3)).
A defined entity may apply to VCAT for review of the Commissioner's decision to confirm a compliance notice within 28 days of receiving notice of the confirmation (s 25). This provides an independent review avenue.

Consequences of non‑compliance and subsequent enforcement options

If a defined entity does not comply with a compliance notice, the Commissioner may: accept a written undertaking to take action; recommend the Minister take action considered appropriate to ensure compliance; publish the entity’s name and the requirement failed to be met on the Commissioner’s website; or apply to the Tribunal for an order directing compliance (s 26(a)-(d)). Publication of non‑compliance is a reputational sanction; Tribunal orders carry enforceable coercive weight.
Where the Commissioner accepts an undertaking, the entity may withdraw or vary the undertaking with the Commissioner’s consent (s 27(2)). While an undertaking is in force, the Commissioner must not take further action under s 26 or issue further compliance notices with respect to the subject matter (s 27(3)-(4)). The Commissioner may apply to the Tribunal to enforce an undertaking if the entity breaches its terms (s 27(5)). The Tribunal may make orders directing the entity to comply or take specified actions, or any other appropriate order (s 27(6)). Thus, enforceable undertakings become Tribunal‑enforceable contractual or equitable instruments once accepted.

Limits and procedural safeguards

The Commissioner must attempt informal resolution before issuing a compliance notice (s 22(3)), and entities have explicit procedural rights to respond and to seek Tribunal review (s 23-25). These procedural requirements structure enforcement and constrain abrupt escalation.
The Act includes an option for the Commissioner to publish an entity’s failure to comply (s 26(c)), which is an administrative sanction that may be mitigated by the Commissioner’s exercise of discretion and by entities’ ability to secure undertakings or to seek review.

No criminal penalties or fixed civil fines

The Act does not specify criminal offences, pecuniary penalties or administrative fines for non‑compliance. Where the Commissioner deems further coercion necessary, the available path is Tribunal enforcement or Ministerial action recommended by the Commissioner (s 26(d), s 26(b)). This choice of instruments limits the enforcement toolbox to administrative and tribunal remedies rather than penal sanctions.

Tribunal role

VCAT is the Tribunal referenced. The Commissioner may both apply to VCAT for orders directing compliance (s 26(d)) and apply to enforce undertakings (s 27(5)). VCAT also hears review applications by defined entities challenging confirmed compliance notices (s 25). The Act does not define the full range of orders VCAT may make on an application under s 26(d), but Tribunal enforcement of undertakings (s 27(6)) is expressly contemplated.

Disclosure and publication as enforcement levers

Publication of an entity’s name and the statutory requirement failed to be complied with is an explicit enforcement measure (s 26(c)). The Act further enables the Commissioner to publish GEAPs and progress reports (s 14(2), s 21). The combined effect is to use transparency and reputational pressure as primary enforcement levers alongside Tribunal coercion.

The Act is drafted to sit alongside existing Commonwealth and Victorian laws, with explicit cross‑references and a number of interaction points that shape application and limits.

Definitions and cross‑references

The Act imports definitions and concepts from other statutes: “Council” and “Councillor” have the meanings given in the Local Government Act 2020 (s 3); “Department”, “public entity”, “public service body”, “special body” and related terms draw on the Public Administration Act 2004 (s 3); “university” is as defined in the Education and Training Reform Act 2006 (s 5(1)(f) and s 3); “Office of Public Prosecutions” and “Court Services Victoria” are cross‑referenced by statute (s 3). These cross‑references determine who is a defined entity and therefore whether the Act applies.

Interaction with privacy and information law

“Personal information” adopts the same meaning as in s 3 of the Privacy and Data Protection Act 2014 (s 3). The Act requires defined entities to remove personal information from GEAPs and progress reports before publication and to advise the Commissioner when submitted material contains personal information; the Commissioner must remove personal information before publication (s 51(1)-(3)). This creates an operational intersection with Victoria’s privacy regime and with any other statutory restrictions on disclosure.
The Act also recognises Freedom of Information limits: progress reports must not identify a policy, program or service if doing so would make the document an exempt document under the Freedom of Information Act 1982 (s 19(4)(a)). The Act therefore directs entities to respect FOI exemptions when framing reports.

Interaction with workplace relations law

Division 3 of Part 7 interfaces with the Fair Work Act 2009 (Commonwealth) by importing the Fair Work Act’s meanings for “enterprise agreement” and “covers” (s 38(1)). The Commissioner may deal with disputes arising under enterprise agreements or workplace determinations that cover “designated bodies” in relation to systemic gender equality issues, provided those disputes are referred in accordance with terms of the agreement (s 39). The Commissioner must not arbitrate disputes and cannot make binding determinations (s 40(3)-(4)). The Commissioner may, however, disclose information to the Fair Work Commission where relevant (s 46A(3)(b)). Regulations prescribing a designated body require ministerial consent from the relevant portfolio Ministers and the Minister responsible for the Fair Work (Commonwealth Powers) Act 2009 (s 38(2)). This design embeds Commissioner involvement in enterprise bargaining matters while threading through federal industrial law boundaries.

Interaction with human rights and equal opportunity

The Commissioner may disclose Division 3 information to the Victorian Equal Opportunity and Human Rights Commission where relevant (s 46A(3)(a)). The Act’s objects explicitly reference the Charter of Human Rights and Responsibilities and the Convention on the Elimination of All Forms of Discrimination against Women as matters the Act seeks to further (s 4(f)). These references guide interpretation but do not create new private remedies.

Administrative law and Ministerial control

The Minister may issue guidelines that defined entities must “have regard to” when preparing GEAPs, progress reports and undertaking gender impact assessments (s 47(1)-(2)). The Minister may also issue funding and procurement guidelines, with defined entities required to “have regard to” such guidelines (s 48-49). The Commissioner is subject to written directions by the Minister in exercising powers or performing functions under the Act except for Division 3 matters related to enterprise agreement disputes (s 44(1)-(2)). The Act therefore embeds a statutory relationship between executive policy direction and the Commissioner’s operational independence.

Regulatory and subordinate instrument interaction

The regulations may prescribe the content and format of GEAPs, gender impact assessments and workplace gender audits, may prescribe targets and quotas and classes of entities they apply to, may exempt entities from the Act and may apply or adopt external documents (s 17, s 54(2)(a)-(f)). Because of this breadth, substantial detail and procedural obligations may be delegated to regulations and guidelines, producing dependence on subordinate legislation and administrative instruments.

Limits on effect of duty relative to other laws

Section 8 states Parliament does not intend Part 2 to create civil causes of action, affect interpretation of other Victorian laws, or provide grounds for review of judicial or administrative acts. This limits the Act’s capacity to displace other legal regimes and restricts private enforcement.

Tribunal and Courts

The Tribunal (VCAT) is the statutorily nominated review and enforcement forum for decisions to confirm compliance notices and for enforcement of undertakings or orders sought by the Commissioner (s 25, s 26(d), s 27(5)-(6)). Interaction with general administrative law principles is thus channelled via VCAT’s jurisdiction.

Overall, the Act is constructed to operate within and alongside Victoria’s existing administrative, privacy and industrial legal frameworks. It creates duties that are primarily compliance, measurement and reporting obligations on specified public bodies, with enforcement routed through administrative instruments, publication and the Tribunal, and with clear textual limitations on private civil remedies (s 8).

This version of the Act incorporates amendments up to 1 June 2022, and the endnotes provide the formal amendment record and commencement details.

Origins and commencement

The Act received royal assent on 25 February 2020 (Endnotes) and came into operation in stages. Parts 1-8 (sections 1-54) commenced on 31 March 2021 (s 2(3); Endnotes). Part 9 (sections 55-56) came into operation on 1 July 2021 (s 2(2)), but a note indicates Part 9 was repealed on 31 March 2022 (Endnotes).

Amendments recorded in the compilation

Justice Legislation Amendment Act 2022, No. 20/2022, made a series of amendments that came into effect on 1 June 2022 for sections 61-67 (Endnotes, Table of Amendments). The specific amendments and insertion points noted in the body of the Act include:
- Section 3 definitions: the definition of “Council” was amended by No. 20/2022 s 61(a); “Councillor” was inserted by No. 20/2022 s 61(c); “personal information” was inserted by No. 20/2022 s 61(c); and “Secretary” was amended by No. 20/2022 s 61(b). The published version reflects those textual amendments.
- Section 29(2)(b) was substituted by No. 20/2022 s 62 (affecting eligibility to be Commissioner).
- Section 34(2)(b) was substituted by No. 20/2022 s 63 (affecting eligibility for acting Commissioner).
- Section 46 was substituted by No. 20/2022 s 64 (secrecy provisions).
- Section 46A was inserted by No. 20/2022 s 65 (providing circumstances in which the Commissioner may use or disclose information).
- Section 51(4) was repealed by No. 20/2022 s 66.
- Part 8A heading and s 54A were inserted by No. 20/2022 s 67 to address a transitional provision dealing with the 2022 amendments (s 54A confirms that particular appointment changes do not affect prior appointments or acts done).
The Local Government Act 2020 made consequential amendments referenced in the Table of Amendments (No. 9/2020 s 390(Sch.1 item 45A)), and these changes are incorporated in the current text.

Transitional provision

Section 54A, inserted by the Justice Legislation Amendment Act 2022, provides a transitional protection for prior appointments where ss 29(2)(b) and 34(2)(b) were amended; it preserves any appointment made prior to those amendments and anything done by persons appointed under the earlier versions of those sections.

Notes on amendment record in the endnotes

The endnotes include a table of amendments showing the Acts that have altered the Gender Equality Act 2020 and identify commencement dates for the amendments. They record that the current version includes amendments up to 1 June 2022.

Implications for users consulting the Act

Because the Act delegates substantial detail to regulations and because recent amendments modified eligibility and information‑handling provisions (notably ss 46/46A and appointment eligibility), users should confirm whether any further subordinate instruments (regulations or guidelines) or subsequent amending Acts have been made after 1 June 2022. The Act itself permits the regulations to prescribe a wide range of matters, including targets, quotas, formats and exemptions (s 54), so the practical compliance regime depends on both the Act and its regulatory instruments.

The compilation of the Gender Equality Act 2020 provided does not include any judicial or tribunal decisions, and it does not name any cases. The Act contains a number of statutorily provided routes to litigation or tribunal review , most notably VCAT review of confirmed compliance notices (s 25) and Tribunal enforcement of undertakings or orders in the event of non‑compliance (s 26(d), s 27(5)-(6)). However, the text itself records no litigation history or reported decisions.

Practical implications for practitioners

Because enforcement and review are expressly routed through VCAT and the Act contemplates the Commissioner applying to the Tribunal for orders, future litigation and Tribunal decisions are likely focal points for legal interpretation (for example, how VCAT will construe “reasonable and material progress”, the scope of permissible compliance notices, and the limits of the Commissioner’s disclosure powers under ss 46-46A). None of that jurisprudence is recorded in the Act text provided, so practitioners should undertake jurisdictional searches in VCAT and higher courts for any decisions applying or interpreting this Act or its enforcement mechanisms once those decisions emerge post‑commencement.

Statutory review requirements

The Act mandates formal reviews of its operation: the Minister must cause a review of the first four years of operation (s 52) and a further review of years five to eight (s 53), with reports to be laid before each House of Parliament. These reviews will likely generate analysis, and possibly be followed by legislative amendments once the reviews are completed. At present, the source contains no outcomes from these reviews.

The Act contains several drafting and operational features that can surprise practitioners, compliance officers and executives unless they are closely read. The following are concrete “gotchas” grounded in the text.

Threshold and timing for defined-entity status

Defined‑entity status depends on being in a listed class and having 50 or more employees on the “most recent 30 June before that day” (s 5(1)). That means:
- Status is determined by an annual snapshot date (30 June), not rolling headcount, so an entity that crosses or falls below 50 employees after that date may still be a defined entity for the following period or vice versa.
- Employers who use contractors heavily may be under the 50‑employee threshold because the Act excludes contractors from the “employee” definition (s 3). Organisations that rely on contractors to deliver substantial parts of their operations are not relieved from the policy pressure of the Act but may be outside its formal remit.
The GEAP reporting year is itself defined (s 3) , 2021 and each subsequent fourth year , so plan preparation and audit cycles are linked to those fixed reporting years.

No private cause of action

Section 8 expressly states Parliament did not intend to create private legal rights or civil causes of action under Part 2. This is an important limit for individuals seeking redress. The Act provides administrative mechanisms for the Commissioner and Tribunal routes, but not a new statutory tort or private enforcement action.

Duty is process- and progress-oriented, not a prescriptive outcome

The Act requires entities to “consider and promote gender equality” and to “take necessary and proportionate action” (s 7) and to make “reasonable and material progress” (s 16), but the words “necessary”, “proportionate”, “reasonable” and “material” are inherently context‑sensitive. The Act mitigates this by listing seven factors to be taken into account when assessing progress (s 16(2), s 18(3)), but those tests are inevitably fact‑driven and may lead to disputes about sufficiency of effort rather than absolute benchmarks.

Regulations can create targets and quotas and exempt entities

The regulations may prescribe specific gender equality targets and quotas and the entities to which they apply (s 17). They may also exempt named entities from the Act (s 5(2), s 54(2)(d)). That means the substantive obligations and their enforceability can shift significantly by subordinate instrument; compliance depends on both primary legislation and the regulatory schedule.

Data collection and publication pitfalls

The workplace gender audit must be based on gender‑disaggregated data as at 30 June and, if available, data about Aboriginality, age, disability, ethnicity, gender identity, race, religion and sexual orientation (s 11(3)). Entities must remove personal information before publishing GEAPs and progress reports (s 51(1)-(3)). Practical pitfalls include ensuring compliance with privacy laws, anonymisation standards and FOI exclusions when drafting reports. Section 19(4) prohibits identifying a policy, program or service if disclosure would make it an FOI‑exempt document, or otherwise disclose prohibited information under another enactment, or reveal confidential matters. Entities must therefore coordinate legal, privacy and FOI advice before publication.

No monetary penalties; enforcement via public naming and Tribunal orders

The Act does not specify monetary penalties. Enforcement tools are compliance notices, publicity (publication of names and failures s 26(c)), undertakings and Tribunal orders (s 26-27). Entities that prefer certainty through fixed monetary penalties will not find them here; conversely, reputational risk from publication is an enforcement lever that can be significant for public bodies.

Commissioner’s discretion and ministerial directions

The Commissioner must attempt informal resolution before issuing compliance notices (s 22(3)), and has wide powers to provide assistance and education (s 36). However, the Minister may issue written directions to the Commissioner generally (s 44(1)), which may interact with operational independence. There is an express exception: the Minister may not direct the Commissioner in the exercise of powers or functions under Division 3 (enterprise agreement disputes) (s 44(2)). Practitioners should note the area where independence is protected.

Enterprise agreement interactions are limited

The Commissioner may deal with systemic gender equality disputes referred under enterprise agreements that cover designated bodies (s 39). The Commissioner cannot arbitrate or make binding determinations (s 40(3)-(4)). That limits the Commissioner to non‑binding dispute resolution processes even within the industrial relations context.

Timeframes and procedural traps

Deadlines include submission of GEAPs by 31 October in GEAP reporting years (s 12(1)), submission of progress reports by 31 October in the second year after a GEAP (s 19(1)), and timelines for compliance notices (minimum 60 days for GEAP/progress report submission requirements, minimum 14 days for other notices) (s 23(2)). Entities receive 14 days to disagree with a compliance notice and 28 days to apply to VCAT for review if the notice is confirmed (s 23(1)(f), s 24, s 25). Failing to engage within those windows can limit review options.

Undertakings may forestall enforcement

Where the Commissioner accepts a written undertaking, the Commissioner must not take further enforcement action on that matter while the undertaking remains in force (s 27(3)-(4)). Entities may prefer to negotiate undertakings to avoid public naming or Tribunal proceedings, but must be aware undertakings are enforceable in the Tribunal if broken (s 27(5)-(6)). Negotiating robust but realistic undertakings is therefore high‑stakes.

Secrecy and disclosure exceptions

Division 3 secrecy rules restrain use and disclosure of information obtained in the course of enterprise agreement dispute resolution (s 46). Section 46A creates a detailed set of exceptions allowing use or disclosure where necessary for the Commissioner’s functions, to courts, under court orders, to obtain legal advice, or to specified bodies (the Victorian Equal Opportunity and Human Rights Commission, the Fair Work Commission and prescribed persons) (s 46A(2)-(3)). Operationally, entities and the Commissioner must carefully manage confidentiality and consent when sharing materials from Division 3 processes.

Compliance with the Gender Equality Act 2020 is a structured programme of governance, data work, planning and reporting. The statutory text identifies concrete steps and timing. Below is a practical compliance checklist mapped to the Act’s provisions.

Confirm defined‑entity status

Determine whether the organisation is a defined entity by reference to s 5(1): confirm institutional category (public service body, public entity, special body, Council, Court Services Victoria, university, Office of Public Prosecutions or prescribed entity) and headcount of employees on the most recent 30 June before the relevant day. Remember “employee” excludes contractors and certain other categories (s 3). Check whether the regulations have prescribed exemptions (s 5(2)).

Allocate governance responsibility and resources

The Act requires that adequate resources be allocated to developing and implementing the Gender Equality Action Plan (s 10(3)). Establish who will lead compliance (a senior responsible officer), set a project plan, allocate budget and identify data custodians. Ensure the governing body is engaged as required in s 10(2).

Conduct the workplace gender audit

Undertake the workplace gender audit as at 30 June in the GEAP reporting year (s 11(1)-(3)). The audit must assess the workplace gender equality indicators (s 3) and any prescribed targets or quotas applicable to the entity (s 11(2)(b)). Collect gender‑disaggregated data and, where available, intersectional data (Aboriginality, age, disability, ethnicity, gender identity, race, religion, sexual orientation) (s 11(3), s 11(2)(c)). Ensure data collection and storage comply with privacy obligations and plan for anonymisation ahead of publication (s 51).

Prepare the Gender Equality Action Plan (GEAP)

Prepare a GEAP incorporating the audit results and strategies and measures for promoting gender equality (s 10(1)(a)-(b)). The GEAP must take account of the gender equality principles (s 10(2)(a)) and be prepared after consultation with the governing body, employees and employee representatives (s 10(2)(b)). Document consultation steps to demonstrate compliance.

Submit and publish the GEAP

Submit the GEAP to the Commissioner by 31 October in the GEAP reporting year, or seek an extension from the Commissioner (s 12(1)-(2)). After submission, publish the plan on the entity’s website and notify the governing body, employees and employee representatives (s 12(3)). Before publication, remove personal information from the plan and advise the Commissioner if submitted material contains personal information (s 51(1)-(3)).

Implement and document progress actions

Implement the strategies and measures set out in the GEAP. Keep records of resource allocation, project plans, training, policy changes, recruitment and promotion actions, remuneration reviews, family violence leave arrangements and flexible work policies , these will be relevant to demonstrating “reasonable and material progress” (s 16(1) and s 16(2)). The Act lists the factors relevant to assessing progress (size, nature, other statutory obligations, resources, operational priorities, practicability/cost, genuine attempts) (s 16(2)) , document how these factors affected decision making.

Undertake gender impact assessments for relevant public-facing measures

For any policy, program or service developed or reviewed that has a direct and significant impact on the public, carry out a gender impact assessment per s 9. The assessment must test effects on different genders, set out how the policy will be varied to meet needs and address inequality, and should, if practicable, consider intersectional disadvantages (s 9(2)). Maintain the assessments and evidence of decisions made in response to them; the progress report must identify policies assessed and report on actions taken (s 19(3)(a)).

Track targets/quotas and regulatory requirements

Monitor whether the regulations have prescribed any gender equality targets or quotas applicable to the entity (s 17). If so, incorporate these into planning and reporting; s 18 requires reasonable and material progress towards meeting prescribed targets/quotas and applies the same seven assessment factors.

Prepare and publish progress reports

Prepare a progress report and submit to the Commissioner on or before 31 October in every second year after a GEAP submission (s 19(1)). The progress report must (a) report on gender impact assessments and actions taken in response; (b) report on progress against GEAP measures; and (c) demonstrate progress on the workplace gender equality indicators and prescribed targets/quotas (s 19(3)). Publish the progress report on the entity’s website as soon as reasonably practicable after submission (s 20). Ensure the report does not disclose information that would make a document FOI‑exempt, breach another enactment, or disclose confidential matter (s 19(4)).

Engage early and cooperatively with the Commissioner

The Commissioner’s functions include supporting entities to comply and providing advice and education (s 36). Use the Commissioner as a resource and engage in informal resolution if the Commissioner raises concerns, because the Commissioner must attempt informal resolution before issuing a compliance notice (s 22(3)). If a compliance notice is issued, note the statutory timelines: respond within 14 days if disputing (s 23(1)(f), s 24(1)) and be aware of minimum compliance notice timeframes (s 23(2)).

Prepare for potential compliance notices and appeals

If you receive a compliance notice, provide written reasons within 14 days if you disagree (s 24(1)). If the Commissioner confirms the notice, you have 28 days to apply to VCAT for review (s 25). Keep contemporaneous evidence of genuine attempts to make progress, resource constraints and operational priorities because s 16(2) and s 18(3) list these matters as relevant to assessments of “reasonable and material progress”.

Privacy, FOI and confidentiality management

Before publishing GEAPs or progress reports, remove personal information and coordinate with privacy officers and FOI counsel. If a document would be FOI‑exempt or disclose information prohibited by other enactments, do not report those details (s 19(4), s 51(1)-(3)). For Division 3 matters, understand secrecy and permitted exceptions in ss 46-46A before sharing or using information in dispute processes.

Maintain governance records and board reporting

Ensure the governing body is kept informed and that board papers record decisions, resources allocated, audit outcomes and progress. The Act requires consultation with governing bodies when preparing GEAPs and notification of publication (s 10(2), s 12(3)(b)).

Monitor subordinate instruments and Ministerial guidance

Keep an eye on regulations (s 54) for prescribed formats, targets or quotas and on Ministerial guidelines (s 47-49) because entities must “have regard to” such guidelines. Regulations can exempt entities or prescribe targets/quotas and other operational detail, so compliance depends on both primary and subordinate law.

By following this sequence , confirm status, allocate resourcing and governance, conduct audits and impact assessments, prepare and publish GEAPs, implement and document action, file periodic progress reports, and engage proactively with the Commissioner , a defined entity will align its internal processes with the statutory architecture. Documentation and evidence that genuine attempts were made and that decisions considered the seven statutory factors (s 16(2), s 18(3)) are particularly important for responding to compliance challenges.

Gender Equality Act 2020

Plain English Summary

Deep Dive

What it does

Current sections

Gender Equality Act 2020

Source text: opening excerpt

1 Gender Equality Act 2020

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply