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Equal Opportunity for Women in the Workplace Amendment Act 2012

Authoritative Version
  • - C2012A00179
  • In force - Latest Version
Act No. 179 of 2012 as made
An Act to amend the Equal Opportunity for Women in the Workplace Act 1999, and for related purposes
Administered by: Families, Housing, Community Services and Indigenous Affairs
Originating Bill: Equal Opportunity for Women in the Workplace Amendment Bill 2012
Registered 11 Dec 2012
Date of Assent 06 Dec 2012
Table of contents.

 

 

 

 

 

 

Equal Opportunity for Women in the Workplace Amendment Act 2012

 

No. 179, 2012

 

 

 

 

 

An Act to amend the Equal Opportunity for Women in the Workplace Act 1999, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Part 1—Main amendments                                                                                         3

Equal Opportunity for Women in the Workplace Act 1999                                3

Part 2—Other amendments                                                                                      23

Equal Employment Opportunity (Commonwealth Authorities) Act 1987      23

Equal Opportunity for Women in the Workplace Act 1999                              23

 


 

 

Equal Opportunity for Women in the Workplace Amendment Act 2012

No. 179, 2012

 

 

 

An Act to amend the Equal Opportunity for Women in the Workplace Act 1999, and for related purposes

[Assented to 6 December 2012]

 

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Equal Opportunity for Women in the Workplace Amendment Act 2012.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

6 December 2012

2.  Schedule 1, items 1 to 74

The later of:

(a) 1 April 2012; and

(b) the day this Act receives the Royal Assent.

6 December 2012

3.  Schedule 1, items 75 to 79

The day this Act receives the Royal Assent.

6 December 2012

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

Part 1Main amendments

Equal Opportunity for Women in the Workplace Act 1999

1  Title

Omit “equal opportunity for women in employment, to establish the Equal Opportunity for Women in the Workplace Agency and the office of the Director of Equal Opportunity for Women in the Workplace”, substitute “gender equality in the workplace, to establish the Workplace Gender Equality Agency and the office of the Director of Workplace Gender Equality”.

2  Section 1

Omit “Equal Opportunity for Women in the Workplace Act 1999”, substitute “Workplace Gender Equality Act 2012”.

Note:       This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3  Section 2A

Repeal the section, substitute:

2A  Objects of Act

                   The principal objects of this Act are:

                     (a)  to promote and improve gender equality (including equal remuneration between women and men) in employment and in the workplace; and

                     (b)  to support employers to remove barriers to the full and equal participation of women in the workforce, in recognition of the disadvantaged position of women in relation to employment matters; and

                     (c)  to promote, amongst employers, the elimination of discrimination on the basis of gender in relation to employment matters (including in relation to family and caring responsibilities); and

                     (d)  to foster workplace consultation between employers and employees on issues concerning gender equality in employment and in the workplace; and

                     (e)  to improve the productivity and competitiveness of Australian business through the advancement of gender equality in employment and in the workplace.

2B  Simplified outline

                   The following is a simplified outline of this Act:

•      This Act requires various employers (relevant employers) to lodge reports each year containing information relating to various gender equality indicators (for example, equal remuneration between women and men).

•      Those reports are available to the public, subject to some exceptions for information that is personal information, information relating to remuneration and information of a kind specified by the Minister.

•      There is a Workplace Gender Equality Agency. Its functions include advising and assisting employers in promoting and improving gender equality in the workplace and undertaking research and programs for the purpose of promoting and improving gender equality in the workplace.

•      There is a Director of Workplace Gender Equality, who manages the Agency.

•      The Agency may review a relevant employer’s compliance with this Act by seeking further information from the employer.

•      If a relevant employer fails to comply with this Act, the Agency may name the employer in a report given to the Minister or by electronic or other means (for example, on the Agency’s website or in a newspaper).

4  Subsection 3(1) (definition of Agency)

Omit “Equal Opportunity for Women in the Workplace Agency”, substitute “Workplace Gender Equality Agency”.

5  Subsection 3(1) (definition of club)

Repeal the definition.

6  Subsection 3(1) (definition of confidential report)

Repeal the definition.

7  Subsection 3(1) (definition of Director)

Omit “Equal Opportunity for Women in the Workplace”, substitute “Workplace Gender Equality”.

8  Subsection 3(1)

Insert:

employee organisation has the same meaning as in the Fair Work Act 2009.

9  Subsection 3(1) (paragraph (d) of the definition of employment matters)

After “organisation”, insert “, including flexible working arrangements”.

10  Subsection 3(1) (paragraph (e) of the definition of employment matters)

After “employees”, insert “, including equal remuneration between women and men”.

11  Subsection 3(1) (paragraph (f) of the definition of employment matters)

Omit “women”, substitute “employees”.

12  Subsection 3(1) (at the end of the definition of employment matters)

Add:

                   ; (h)  arrangements relating to employees with family or caring responsibilities.

13  Subsection 3(1) (definition of equal opportunity for women in the workplace program)

Repeal the definition.

14  Subsection 3(1)

Insert:

gender equality indicators means the following:

                     (a)  gender composition of the workforce;

                     (b)  gender composition of governing bodies of relevant employers;

                     (c)  equal remuneration between women and men;

                     (d)  availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities;

                     (e)  consultation with employees on issues concerning gender equality in the workplace;

                      (f)  any other matters specified in an instrument under subsection (1A).

15  Subsection 3(1)

Insert:

governing body of a relevant employer means the board of directors, trustees, committee of management, council or other governing authority of the employer.

16  Subsection 3(1)

Insert:

man means a member of the male sex irrespective of age.

17  Subsection 3(1)

Insert:

minimum standard means a standard set by an instrument in force under section 19.

18  Subsection 3(1)

Insert:

personal information has the same meaning as in the Privacy Act 1988.

19  Subsection 3(1) (at the end of the definition of relevant employer)

Add:

Note:          See also subsection (2A).

20  Subsection 3(1)

Insert:

reporting period means a period referred to in subsection 13A(2).

21  Subsection 3(1) (definition of trade union)

Repeal the definition.

22  Subsection 3(1) (definition of workplace profile)

Repeal the definition.

23  Subsection 3(1) (definition of workplace program)

Repeal the definition.

24  After subsection 3(1)

Insert:

          (1A)  The Minister may, by legislative instrument, specify matters for the purposes of paragraph (f) of the definition of gender equality indicators in subsection (1).

Note:          See also section 33A.

          (1B)  The matters specified in an instrument under subsection (1A) may relate to employment matters.

          (1C)  Subsection (1B) does not limit subsection (1A).

          (1D)  An instrument under subsection (1A) has no effect in relation to a reporting period unless it is made before the first day of that period.

25  After subsection 3(2)

Insert:

          (2A)  If, at any time, an employer ceases to be a relevant employer because the number of employees of the employer falls below 100, this Act continues to apply to the employer as if the employer were a relevant employer unless and until the number of employees falls below 80.

26  Subsection 3(5)

Omit “trade union” (wherever occurring), substitute “employee organisation”.

27  Subsection 5(4)

Repeal the subsection, substitute:

             (4)  By virtue of this subsection, this Act has the effect it would have to the extent that this Act relates to the collection of statistics.

28  Subsection 5(9)

Repeal the subsection, substitute:

             (9)  By virtue of this subsection, this Act has the effect it would have to the extent that this Act is appropriate to give effect to, or carry out the purposes of:

                     (a)  the Convention on the Elimination of all Forms of Discrimination Against Women, done at New York on 18 December 1979 ([1983] ATS 9); or

                     (b)  the ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, done at Geneva on 29 June 1951 ([1975] ATS 45); or

                     (c)  the ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation, done at Geneva on 25 June 1958 ([1974] ATS 12); or

                     (d)  the ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, done at Geneva on 23 June 1981 ([1991] ATS 7); or

                     (e)  the International Covenant on Economic, Social and Cultural Rights, done at New York on 16 December 1966 ([1976] ATS 5); or

                      (f)  the Convention on the Rights of the Child, done at New York on 20 November 1989 ([1991] ATS 4).

Note 1:       In 2012, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Note 2:       For paragraphs (b), (c) and (d): ILO refers to the International Labour Organization.

29  Part II

Repeal the Part.

30  Part III (heading)

Repeal the heading, substitute:

Part IIIWorkplace Gender Equality Agency

31  Section 8A (heading)

Repeal the heading, substitute:

8A  Workplace Gender Equality Agency

32  Subsection 8A(1)

Omit “Equal Opportunity for Women in the Workplace Agency”, substitute “Workplace Gender Equality Agency”.

33  Subsection 8A(2)

Omit “Equal Opportunity for Women in the Workplace”, substitute “Workplace Gender Equality”.

34  Subsection 9(1)

Omit “Equal Opportunity for Women in the Workplace”, substitute “Workplace Gender Equality”.

35  Paragraph 10(1)(a)

Repeal the paragraph, substitute:

                     (a)  to advise and assist employers in promoting and improving gender equality in the workplace; and

                    (aa)  to develop, in consultation with relevant employers and employee organisations, benchmarks in relation to gender equality indicators; and

36  At the end of paragraph 10(1)(b)

Add “and”.

37  Paragraphs 10(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  to review compliance with this Act by relevant employers, to review public reports lodged by relevant employers and to deal with those reports in accordance with this Act; and

                     (d)  to collect and analyse information provided by relevant employers under this Act to assist the Agency to advise the Minister in relation to legislative instruments made under this Act; and

38  Paragraph 10(1)(e)

Omit “promoting equal opportunity for women in the workplace;”, substitute “promoting and improving gender equality in the workplace; and”.

39  Paragraph 10(1)(f)

Repeal the paragraph, substitute:

                    (ea)  to work with employers to maximise the effectiveness of the administration of this Act, including by minimising the regulatory burden on employers; and

                      (f)  to promote and contribute to understanding and acceptance, and public discussion, of gender equality in the workplace; and

40  Paragraph 10(1)(h)

Omit “equal opportunity for women in the workplace”, substitute “gender equality in the workplace”.

41  At the end of subsection 10(1)

Add:

Note:          Paragraph (d): see also section 33A.

42  After subsection 12(2)

Insert:

          (2A)  The Agency must, as soon as practicable after the end of:

                     (a)  the 2‑year period ending on 31 May 2016; and

                     (b)  each later 2‑year period;

submit to the Minister a report on the progress achieved in relation to the gender equality indicators in that period.

43  Subsection 12(3)

Omit “subsection (1) or (2)”, substitute “this section”.

44  Section 13

Repeal the section, substitute:

13  Relevant employers to prepare reports relating to gender equality indicators

             (1)  In respect of each reporting period, a relevant employer must prepare a public report in writing containing information relating to the employer and to the gender equality indicators.

Matters that must be included in the report

             (2)  The public report in respect of a reporting period must contain details of the matters specified in an instrument under subsection (3).

             (3)  For the purposes of subsection (2), the Minister must, by legislative instrument, specify matters in relation to each gender equality indicator.

Note:          See also section 33A.

Timing of instrument

             (4)  An instrument under subsection (3) has no effect in relation to a reporting period unless it is made before the first day of that period.

Reports to be signed

             (5)  The public report must be signed by the chief executive officer (however described) of the relevant employer.

45  At the end of subsection 13A(1)

Add:

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

46  Sections 13C and 14

Repeal the sections, substitute:

13C  Personal information

             (1)  At the time of lodging a public report under section 13A, a relevant employer must, in writing (either in the report or otherwise), inform the Agency of the information included in the report that is personal information.

             (2)  Subject to subsection (3), that personal information:

                     (a)  must not be published under section 15; and

                     (b)  must not be used in a report of the Agency under section 12.

             (3)  Particular personal information may be so published or used if the individual to whom the information relates consents in writing to the publication or use.

14  Information relating to remuneration

             (1)  Subject to this section, any information relating to remuneration that is included in a public report lodged by a relevant employer under section 13A:

                     (a)  must not be published under section 15; and

                     (b)  must not be used in a report of the Agency under section 12.

             (2)  Information referred to in subsection (1) (except personal information) may be so published or used if the relevant employer has, by written notice given to the Agency, agreed to that information being so published or used.

Note:          Section 13C deals with personal information.

             (3)  Information referred to in subsection (1) may be so published or used if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific relevant employer or another specific person.

14A  Information of a kind specified by the Minister

             (1)  Subject to this section, information of a kind specified in an instrument under subsection (2):

                     (a)  must not be published under section 15; and

                     (b)  must not be used in a report of the Agency under section 12.

             (2)  The Minister may, by legislative instrument, specify kinds of information for the purposes of subsection (1).

Note:          See also section 33A.

             (3)  Information referred to in subsection (1) may be so published or used if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific relevant employer or another specific person.

47  Section 15 (heading)

Repeal the heading, substitute:

15  Agency’s use of public report

48  Section 15

Omit “A”, substitute “(1) Subject to sections 13C, 14 and 14A, a”.

49  Paragraph 15(a)

Repeal the paragraph, substitute:

                     (a)  may be published by the Agency by electronic or other means; and

50  Paragraph 15(b)

Omit “subsection 12(1) or (2)”, substitute “section 12”.

51  At the end of section 15

Add:

             (2)  If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period; and

                     (b)  the report is lodged within the time allowed by section 13B or 17;

then, during the period of 28 days beginning on the day the report is lodged, subsection (1) of this section does not apply in relation to the report.

52  Section 16

Repeal the section, substitute:

16  Relevant employer to make public reports accessible to employees and shareholders etc.

             (1)  A relevant employer must, as soon as reasonably practicable after lodging a public report under section 13A, inform:

                     (a)  the employees of the employer; and

                     (b)  any shareholders or members of the employer;

that the employer has lodged the report and of the way in which the report may be accessed (whether electronic or otherwise).

             (2)  The relevant employer must, as soon as reasonably practicable after that lodgement, provide those employees and shareholders or members with access (whether electronic or otherwise) to the public report (excluding information to which subsection (3) applies).

             (3)  This subsection applies to the following information:

                     (a)  personal information;

                     (b)  information relating to remuneration that the relevant employer considers should not be subject to the requirement in subsection (2);

                     (c)  information of a kind specified in an instrument under section 14A.

             (4)  Paragraph (3)(a) does not apply in relation to particular information if the individual to whom the information relates consents in writing to the information being subject to the requirement in subsection (2).

16A  Relevant employer to inform employee organisations of lodgement of public report

                   A relevant employer must, within 7 days after lodging a public report under section 13A, take all reasonable steps to inform each employee organisation, that has members who are employees of the employer, that the employer has lodged the report.

16B  Relevant employer to inform employees and employee organisations of the opportunity to comment

                   A relevant employer must, when informing employees under section 16 or an employee organisation under section 16A, advise the employees or employee organisation that comments on the report may be given to the employer or to the Agency.

53  Subsection 17(1)

Omit “or a confidential report”.

54  Sections 18 and 19

Repeal the sections.

55  After Part IV

Insert:

Part IVAReviewing compliance with this Act and consequences of non‑compliance

  

18  Simplified outline

                   The following is a simplified outline of this Part:

•      The Minister will set minimum standards in relation to gender equality indicators, relevant employers and reporting periods.

•      The Agency may review a relevant employer’s compliance with this Act by seeking further information from the employer. The Agency may do this on a random basis.

•      If a relevant employer fails to comply with this Act, the Agency may name the employer in a report given to the Minister or by electronic or other means (for example, on the Agency’s website or in a newspaper).

•      Examples of a failure to comply with this Act are a failure by a relevant employer to lodge a public report on time or to give the Agency information under section 19A.

•      If the Agency proposes to name a relevant employer, the Agency must give the employer notice in writing of the proposal and the reasons for the proposal.

•      Relevant employers failing to comply with this Act may not be eligible to compete for contracts under the Commonwealth procurement framework and may not be eligible for Commonwealth grants or other financial assistance.

19  Minister will set minimum standards in relation to gender equality indicators

             (1)  Before 1 April 2014, the Minister will, by legislative instrument, set minimum standards in relation to specified gender equality indicators, specified relevant employers and specified reporting periods.

Note 1:       See also section 33A of this Act.

Note 2:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 3:       An instrument under subsection (1) may make different provision with respect to different relevant employers and different reporting periods: see subsection 33(3A) of the Acts Interpretation Act 1901.

             (2)  An instrument under subsection (1) has no effect in relation to a reporting period unless it is made before the first day of that reporting period.

19A  Agency may review compliance with Act

             (1)  The Agency may, by written notice, require a relevant employer to give the Agency information:

                     (a)  that relates to the employer’s compliance with this Act or to the employer’s performance against the minimum standards; and

                     (b)  that is specified in the notice.

             (2)  The notice must specify the period within which, and the manner in which, the information must be given.

             (3)  A period specified in a notice under subsection (1) must be at least 14 days after the notice is given.

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

19B  Relevant employer fails to comply with Act if employer gives false or misleading information

                   For the purposes of section 19D, a relevant employer is taken to fail to comply with this Act if:

                     (a)  the employer lodges a public report under section 13A and any information included in the report is false or misleading; or

                     (b)  the employer gives the Agency information under section 19A and the information is false or misleading.

Note:          If the employer does not have a reasonable excuse for the failure, the Agency may name the employer in a report given to the Minister or by electronic or other means: see section 19D.

19C  Relevant employer fails to comply with Act if employer fails to improve against minimum standard

                   If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period (the base period); and

                     (b)  in a case where a minimum standard (the base standard) applies in relation to the employer and the base period—at the end of the base period, the employer fails to meet that standard; and

                     (c)  the employer lodges a public report under section 13A in respect of the second reporting period (the comparison period) after the base period; and

                     (d)  at the end of the comparison period, the employer’s performance against the base standard has failed to improve from the employer’s performance against that standard at the end of the base period;

then the failure referred to in paragraph (d) is taken, for the purposes of section 19D, to be a failure to comply with this Act.

Note:          If the employer does not have a reasonable excuse for the failure referred to in paragraph (d) of this section, the Agency may name the employer in a report given to the Minister or by electronic or other means: see section 19D.

19D  Consequences of non‑compliance with Act

             (1)  This section applies if a relevant employer, without reasonable excuse, fails to comply with this Act.

Note:          Examples of a failure to comply with this Act are:

(a)    a relevant employer fails to lodge a public report on time (see sections 13A, 13B and 17); and

(b)    a relevant employer fails to inform employees, shareholders or members of the employer that a public report has been lodged (see section 16); and

(c)    a relevant employer fails to inform employees and relevant employee organisations as required by sections 16A and 16B; and

(d)    a relevant employer fails to give the Agency information under section 19A.

Naming employer in Agency report

             (2)  The Agency may, in a report under subsection 12(1) or (2), name the employer as having failed to comply with this Act and set out details of the non‑compliance.

Naming employer in other ways

             (3)  The Agency may, by electronic or other means, name the employer as having failed to comply with this Act and set out details of the non‑compliance.

Note:          For example, the Agency may do this on the Agency’s website or in a newspaper.

Prior notice to employer

             (4)  If the Agency proposes to:

                     (a)  name an employer in a report under subsection 12(1) or (2); or

                     (b)  name an employer under subsection (3) of this section;

the Agency must:

                     (c)  give the employer notice in writing of the proposal and the reasons for the proposal; and

                     (d)  invite the employer to make written representations to the Agency about the proposal within the period of 28 days beginning on the day the notice is given; and

                     (e)  have regard to any written representations made by the employer within that period.

             (5)  If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period; and

                     (b)  the report is lodged within the time allowed by section 13B or 17;

then, during the period of 28 days beginning on the day the report is lodged, the Agency must not give the employer a notice under subsection (4) of this section in relation to the lodgement of that report.

19E  Agency to offer relevant employers advice and assistance if employers fail to meet minimum standards

                   If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period; and

                     (b)  in a case where a minimum standard applies in relation to the employer and that reporting period—the Agency becomes aware that, at the end of that reporting period, the employer fails to meet that standard;

the Agency must offer to provide the employer with advice and assistance in relation to improving the employer’s performance against that standard.

56  Part V (heading)

Repeal the heading, substitute:

Part VDirector of Workplace Gender Equality

57  Subsection 31(1)

Omit “workplace programs” substitute “gender equality in the workplace.

58  At the end of paragraph 31(3)(a)

Add “or”.

59  Paragraph 31(3)(b)

Omit “trade unions;”, substitute “employee organisations; or”.

60  At the end of paragraph 31(3)(c)

Add “or”.

61  Paragraph 31(3)(d)

Repeal the paragraph.

62  Paragraph 31(3)(e)

Omit “workplace programs” substitute “gender equality in the workplace.

63  Paragraph 32(1)(a)

Omit “information relating to a confidential report or”.

64  Paragraph 32(1)(b)

Omit “such report or”.

65  Paragraph 32(1)(c)

Omit “a confidential report or”.

66  Subsection 32(1A)

Repeal the subsection, substitute:

          (1A)  Subsection (1) does not apply to a person’s conduct if the person is:

                     (a)  performing a duty or function, or exercising a power, under, or in connection with, this Act; or

                     (b)  performing a function, or exercising a power, under an arrangement in force under section 33.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

67  Paragraph 32(2)(a)

Omit “information relating to a confidential report or”.

68  Paragraph 32(2)(b)

Omit “a confidential report or”.

69  Subsection 32(2)

Omit “to the extent that the report or information was the subject of a consent under subsection 16(2) or”.

70  Subsection 33(5)

Repeal the subsection.

71  After section 33

Insert:

33A  Minister to consult before making legislative instruments

             (1)  Before making a legislative instrument under this Act, the Minister must consult the Agency and have regard to any recommendations of the Agency.

             (2)  The Minister must also consult such persons mentioned in subsection 31(3) as the Minister considers appropriate.

Note:          For consultation requirements generally, see Part 3 of the Legislative Instruments Act 2003.

72  Transitional—change of name of Agency and Director

For the purposes of section 25B of the Acts Interpretation Act 1901:

                     (a)  the amendment made by item 32 is taken to be an amendment altering the name of the Equal Opportunity for Women in the Workplace Agency; and

                     (b)  the amendment made by item 34 is taken to be an amendment altering the name of the office of Director of Equal Opportunity for Women in the Workplace.

73  Application, saving and transitional—reports and compliance

(1)       Subject to subitem (2), the amendments made by this Part, to the extent to which they relate to:

                     (a)  the preparation and lodgement of public reports by relevant employers; and

                     (b)  compliance with the Workplace Gender Equality Act 2012 by relevant employers;

apply in respect of the reporting period commencing on 1 April 2013 and all later reporting periods.

(2)       Sections 16, 16A, 16B, 19A, 19B and 19D of the Workplace Gender Equality Act 2012, as inserted by this Part, also apply in relation to the reporting period commencing on 1 April 2012. However, subsections 16(3) and (4) of that Act do not apply in relation to that period.

(3)       Subject to subitems (4) and (5), despite the amendments and repeals made by this Part, the Equal Opportunity for Women in the Workplace Act 1999, as in force immediately before the commencement of this item, to the extent to which it relates to:

                     (a)  the preparation and lodgement of reports by relevant employers; and

                     (b)  compliance with that Act by relevant employers;

continues to apply on and after that commencement in relation to the reporting period commencing on 1 April 2012 and all earlier reporting periods. For this purpose, a reference in a provision of that Act to the Agency is taken to be a reference to the Workplace Gender Equality Agency.

(4)       Sections 13, 14 and 16 of the Equal Opportunity for Women in the Workplace Act 1999, as in force immediately before the commencement of this item, do not apply in relation to the reporting period commencing on 1 April 2012. Instead, Part IV of that Act is taken to require a relevant employer to prepare, in respect of that reporting period, a public report in writing that sets out the employer’s workplace profile.

(5)       Sections 18 and 19 of the Equal Opportunity for Women in the Workplace Act 1999, as in force immediately before the commencement of this item, do not apply in relation to the reporting period commencing on 1 April 2012.

Part 2Other amendments

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

74  Subsection 3(1) (definition of authority)

Omit “Equal Opportunity for Women in the Workplace Act 1999”, substitute “Workplace Gender Equality Act 2012”.

Equal Opportunity for Women in the Workplace Act 1999

75  Subsection 3(1) (paragraph (a) of the definition of authority)

Omit “higher education institution”, substitute “registered higher education provider”.

76  Subsection 3(1) (definition of higher education institution)

Repeal the definition.

77  Subsection 3(1)

Insert:

registered higher education provider means a person or body that is a registered higher education provider for the purposes of the Tertiary Education Quality and Standards Agency Act 2011.

Note:          This definition includes bodies taken to be registered higher education providers for the purposes of that Act by Schedule 3 to the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011.

78  Subsection 3(1) (paragraph (a) of the definition of relevant employer)

Omit “higher education institution”, substitute “registered higher education provider”.

79  Paragraph 31(3)(c)

Omit “higher education institutions”, substitute “registered higher education providers”.


 [Minister’s second reading speech made in—

House of Representatives on 1 March 2012

Senate on 19 June 2012]

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