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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Government Boards (Gender
Balanced Representation) Bill 2015
No. , 2015
(Senators Xenophon, Lambie, Lazarus and Waters)
A Bill for an Act to require Government board
members to be appointed with regard to ensuring
gender balanced representation, and for related
purposes
No. , 2015
Australian Government Boards (Gender Balanced Representation) Bill
2015
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Simplified outline of this Act ............................................................. 2
4
Definitions ......................................................................................... 2
5
Crown to be bound ............................................................................. 3
6
Extension to external Territories ........................................................ 3
Part 2--Gender balanced representation on Government
boards
4
7
Government boards must be gender balanced ................................... 4
Part 3--Reporting requirements
6
8
Annual report on gender composition ................................................ 6
9
Minister must prepare and publish compiled report .......................... 8
Part 4--Miscellaneous
9
10
Act is special measure ........................................................................ 9
No. , 2015
Australian Government Boards (Gender Balanced Representation) Bill
2015
1
A Bill for an Act to require Government board
1
members to be appointed with regard to ensuring
2
gender balanced representation, and for related
3
purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Australian Government Boards
9
(Gender Balanced Representation) Act 2015.
10
2 Commencement
11
This Act commences on the day after this Act receives the Royal
12
Assent.
13
Part 1 Preliminary
Section 3
2
Australian Government Boards (Gender Balanced Representation) Bill
2015
No. , 2015
3 Simplified outline of this Act
1
This Act requires Commonwealth officials making appointments to
2
Government boards to ensure that each board is made up of at least
3
40% men and at least 40% women.
4
This Act also requires each portfolio Department to prepare a
5
report each financial year setting out information relating to the
6
gender composition of Government boards within that portfolio.
7
The Minister must then publish a consolidated report setting out
8
the statistics regarding gender composition across all Government
9
boards.
10
4 Definitions
11
In this Act:
12
Australia, when used in a geographical sense, includes the external
13
Territories.
14
board member means a member of a Government board, and
15
includes the chair of the board (if any).
16
Cabinet includes a committee of the Cabinet.
17
Government appointee means a person who is appointed to a
18
Government board by a Government appointer.
19
Government appointer means any of the following to the extent
20
that the person or body is responsible for appointing an individual
21
to a Government board:
22
(a) the Governor-General;
23
(b) the Cabinet;
24
(c) a Commonwealth Minister;
25
(d) a Secretary of a Department of State.
26
Government board means the following:
27
Preliminary Part 1
Section 5
No. , 2015
Australian Government Boards (Gender Balanced Representation) Bill
2015
3
(a) a Commonwealth entity (within the meaning of the Public
1
Governance, Performance and Accountability Act 2013);
2
(b) a Ministerial advisory committee;
3
(c) a review committee that is comprised entirely of
4
appointments made by a Minister or the Cabinet;
5
(d) a Commonwealth statutory authority.
6
5 Crown to be bound
7
This Act binds the Crown in right of the Commonwealth.
8
However, it does not bind the Crown in right of a State, of the
9
Australian Capital Territory, of the Northern Territory or of
10
Norfolk Island.
11
6 Extension to external Territories
12
This Act extends to every external Territory.
13
Part 2 Gender balanced representation on Government boards
Section 7
4
Australian Government Boards (Gender Balanced Representation) Bill
2015
No. , 2015
Part 2--Gender balanced representation on
1
Government boards
2
3
7 Government boards must be gender balanced
4
(1) When appointing a Government appointee to a Government board,
5
a Government appointer must ensure that the Government board
6
consists of:
7
(a) at least 40% male board members; and
8
(b) at least 40% female board members.
9
Exceptions
10
(2) Subsection (1) does not apply to the following:
11
(a) appointments to a court or tribunal;
12
(b) appointments which must be made on the basis of a
13
nomination by a non-Government third party (including a
14
State or Territory, or a foreign country);
15
(c) appointments that a Commonwealth law requires a particular
16
individual or office holder to hold;
17
(d) appointments to a Government board where:
18
(i) the maximum number of board members is 4 or less; or
19
(ii) the maximum number of board members means it is not
20
mathematically possible for the requirement to be
21
complied with;
22
(e) where there are extraordinary circumstances that mean that it
23
is not reasonably practicable for the Government appointer to
24
comply with the obligation in relation to a particular
25
appointment.
26
Example 1: In relation to paragraph (2)(c)--an Act may require that the Secretary
27
of a Department also be the chair of a particular board.
28
Example 2: In relation to paragraph (2)(d)--if a Government board has 3 members
29
(2 female board members and 1 male board member) it is not
30
mathematically possible for both of the requirements in subsection (1)
31
to be met.
32
Gender balanced representation on Government boards Part 2
Section 7
No. , 2015
Australian Government Boards (Gender Balanced Representation) Bill
2015
5
(3) If paragraph (2)(d) or (e) applies, the Government appointer must
1
ensure that the Government board consists of a balance of male
2
and female board members that complies with the requirements of
3
subsection (1) to the greatest extent possible.
4
Part 3 Reporting requirements
Section 8
6
Australian Government Boards (Gender Balanced Representation) Bill
2015
No. , 2015
Part 3--Reporting requirements
1
2
8 Annual report on gender composition
3
(1) The Secretary of a Department of State must, no later than 30 days
4
after the end of each financial year, prepare a report on the gender
5
composition of the Government boards in the Department's
6
portfolio.
7
(2) A report under subsection (1) must be given to:
8
(a) the Minister; and
9
(b) if the Minister responsible for administering the Department
10
to which the report relates is another Minister--that other
11
Minister.
12
(3) A report under subsection (1) must include the following:
13
(a) a list of all the Government boards in the portfolio;
14
(b) the number of positions on each Government board,
15
including information regarding any requirements as to the
16
minimum or maximum number of board members;
17
(c) the gender composition of each Government board,
18
expressed as both an aggregate and a percentage, as at;
19
(i) the end of the financial year; and
20
(ii) the end of the 3 previous financial years;
21
(d) if there have been any appointments during the financial year
22
in relation to which the Government appointer has not
23
complied with section 7--the particulars as to why the
24
Government appointer did not comply with that section;
25
(e) the total number of Government appointees appointed during
26
the financial year:
27
(i) as board members (other than the chair of a board); and
28
(ii) as chair of a board;
29
(f) the aggregate gender of those Government appointees.
30
(4) A report under subsection (1) must not include:
31
Reporting requirements Part 3
Section 8
No. , 2015
Australian Government Boards (Gender Balanced Representation) Bill
2015
7
(a) the name of a Government appointee; or
1
(b) in relation to any particulars included in the report in
2
accordance with paragraph (3)(d)--any information that
3
may:
4
(i) directly identify a Government appointee; or
5
(ii) directly or indirectly identify any other individual who
6
may have been considered by a Government appointer
7
for a board member position.
8
(5) The Secretary must include in the Department's annual report for
9
the financial year:
10
(a) a statement of compliance setting out whether or not each
11
appointment to each Government board in the portfolio
12
during the financial year was in compliance with section 7;
13
and
14
(b) if section 7 was not complied with in relation to each
15
appointment during the financial year--the particulars as to
16
why the Government appointer did not comply with the
17
requirements of that section in relation to the appointment;
18
and
19
(c) information regarding how the details of the portfolio's
20
compliance can be accessed in the report tabled under section
21
9.
22
(6) Information included in the Department's annual report under
23
subsection (5) must not include:
24
(a) the name of a Government appointee; or
25
(b) in relation to any particulars included in the information in
26
accordance with paragraph (5)(b)--any information that
27
may:
28
(i) directly identify a Government appointee; or
29
(ii) directly or indirectly identify any other individual who
30
may have been considered by a Government appointer
31
for a board member position.
32
Part 3 Reporting requirements
Section 9
8
Australian Government Boards (Gender Balanced Representation) Bill
2015
No. , 2015
9 Minister must prepare and publish compiled report
1
(1) The Minister must prepare and publish a consolidated report on the
2
gender composition of Government boards in the previous
3
financial year.
4
(2) A report under subsection (1) must include the following:
5
(a) the information provided in each report under subsection
6
8(1);
7
(b) the total number of Government boards in each portfolio;
8
(c) the total number of positions on Government boards in each
9
portfolio;
10
(d) the gender composition of Government boards in each
11
portfolio, expressed as both an aggregate and a percentage, as
12
at:
13
(i) the end of the financial year; and
14
(ii) the end of the 3 previous financial years;
15
(e) the total number of Government appointees appointed during
16
the financial year:
17
(i) as board members (other than the chair of a board); and
18
(ii) as chair of a board;
19
(f) the aggregate gender of those Government appointees.
20
(3) The Minister must cause copies of a report under subsection (1) to
21
be tabled in each House of Parliament within 10 sitting days of that
22
House after the Minister has received all the reports under
23
subsection 8(1).
24
(4) A report under subsection (1) must not include:
25
(a) the name of a Government appointee; or
26
(b) in relation to any particulars included in the report in
27
accordance with paragraph 8(3)(d)--any information that
28
may:
29
(i) directly identify a Government appointee; or
30
(ii) directly or indirectly identify any other individual who
31
may have been considered by a Government appointer
32
for a board member position.
33
Miscellaneous Part 4
Section 10
No. , 2015
Australian Government Boards (Gender Balanced Representation) Bill
2015
9
Part 4--Miscellaneous
1
2
10 Act is special measure
3
To avoid doubt, this Act is a special measure for the purposes of
4
section 7D of the Sex Discrimination Act 1984.
5