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This is a Bill, not an Act. For current law, see the Acts databases.
EQUAL OPPORTUNITY FOR WOMEN IN THE WORKPLACE AMENDMENT BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Equal Opportunity for Women in the
Workplace Amendment Bill 2012
No. , 2012
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the Equal Opportunity
for Women in the Workplace Act 1999, and for
related purposes
i Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
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 Bill 2012 No. , 2012 1
A Bill for an Act to amend the Equal Opportunity
1
for Women in the Workplace Act 1999, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Equal Opportunity for Women in the
6
Workplace Amendment Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
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.
2. Schedule 1,
items 1 to 74
The later of:
(a) 1 April 2012; and
(b) the day this Act receives the Royal
Assent.
3. Schedule 1,
items 75 to 79
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Equal Opportunity for Women in the Workplace Act 1999
3
1 Title
4
Omit "equal opportunity for women in employment, to establish the
5
Equal Opportunity for Women in the Workplace Agency and the
6
office of the Director of Equal Opportunity for Women in the
7
Workplace", substitute "gender equality in the workplace, to
8
establish the Workplace Gender Equality Agency and the office of
9
the Director of Workplace Gender Equality".
10
2 Section 1
11
Omit "Equal Opportunity for Women in the Workplace Act 1999",
12
substitute "Workplace Gender Equality Act 2012".
13
Note:
This item amends the short title of the Act. If another amendment of the Act is
14
described by reference to the Act's previous short title, that other amendment has effect
15
after the commencement of this item as an amendment of the Act under its amended
16
short title (see section 10 of the Acts Interpretation Act 1901).
17
3 Section 2A
18
Repeal the section, substitute:
19
2A Objects of Act
20
The principal objects of this Act are:
21
(a) to promote and improve gender equality (including equal
22
remuneration between women and men) in employment and
23
in the workplace; and
24
(b) to support employers to remove barriers to the full and equal
25
participation of women in the workforce, in recognition of
26
the disadvantaged position of women in relation to
27
employment matters; and
28
(c) to promote, amongst employers, the elimination of
29
discrimination on the basis of gender in relation to
30
employment matters (including in relation to family and
31
caring responsibilities); and
32
Schedule 1 Amendments
Part 1 Main amendments
4 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
(d) to foster workplace consultation between employers and
1
employees on issues concerning gender equality in
2
employment and in the workplace; and
3
(e) to improve the productivity and competitiveness of
4
Australian business through the advancement of gender
5
equality in employment and in the workplace.
6
2B Simplified outline
7
The following is a simplified outline of this Act:
8
·
This Act requires various employers (relevant employers) to
9
lodge reports each year containing information relating to
10
various gender equality indicators (for example, equal
11
remuneration between women and men).
12
·
Those reports are available to the public, subject to some
13
exceptions for information that is personal information,
14
information relating to remuneration and information of a kind
15
specified by the Minister.
16
·
There is a Workplace Gender Equality Agency. Its functions
17
include advising and assisting employers in promoting and
18
improving gender equality in the workplace and undertaking
19
research and programs for the purpose of promoting and
20
improving gender equality in the workplace.
21
·
There is a Director of Workplace Gender Equality, who
22
manages the Agency.
23
·
The Agency may review a relevant employer's compliance
24
with this Act by seeking further information from the
25
employer.
26
·
If a relevant employer fails to comply with this Act, the
27
Agency may name the employer in a report given to the
28
Minister or by electronic or other means (for example, on the
29
Agency's website or in a newspaper).
30
4 Subsection 3(1) (definition of Agency)
31
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 5
Omit "Equal Opportunity for Women in the Workplace Agency",
1
substitute "Workplace Gender Equality Agency".
2
5 Subsection 3(1) (definition of club)
3
Repeal the definition.
4
6 Subsection 3(1) (definition of confidential report)
5
Repeal the definition.
6
7 Subsection 3(1) (definition of Director)
7
Omit "Equal Opportunity for Women in the Workplace", substitute
8
"Workplace Gender Equality".
9
8 Subsection 3(1)
10
Insert:
11
employee organisation has the same meaning as in the Fair Work
12
Act 2009.
13
9 Subsection 3(1) (paragraph (d) of the definition of
14
employment matters)
15
After "organisation", insert ", including flexible working
16
arrangements".
17
10 Subsection 3(1) (paragraph (e) of the definition of
18
employment matters)
19
After "employees", insert ", including equal remuneration between
20
women and men".
21
11 Subsection 3(1) (paragraph (f) of the definition of
22
employment matters)
23
Omit "women", substitute "employees".
24
12 Subsection 3(1) (at the end of the definition of
25
employment matters)
26
Add:
27
; (h) arrangements relating to employees with family or caring
28
responsibilities.
29
Schedule 1 Amendments
Part 1 Main amendments
6 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
13 Subsection 3(1) (definition of equal opportunity for women
1
in the workplace program)
2
Repeal the definition.
3
14 Subsection 3(1)
4
Insert:
5
gender equality indicators means the following:
6
(a) gender composition of the workforce;
7
(b) gender composition of governing bodies of relevant
8
employers;
9
(c) equal remuneration between women and men;
10
(d) availability and utility of employment terms, conditions and
11
practices relating to flexible working arrangements for
12
employees and to working arrangements supporting
13
employees with family or caring responsibilities;
14
(e) consultation with employees on issues concerning gender
15
equality in the workplace;
16
(f) any other matters specified in an instrument under
17
subsection (1A).
18
15 Subsection 3(1)
19
Insert:
20
governing body of a relevant employer means the board of
21
directors, trustees, committee of management, council or other
22
governing authority of the employer.
23
16 Subsection 3(1)
24
Insert:
25
man means a member of the male sex irrespective of age.
26
17 Subsection 3(1)
27
Insert:
28
minimum standard means a standard set by an instrument in force
29
under section 19.
30
18 Subsection 3(1)
31
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 7
Insert:
1
personal information has the same meaning as in the Privacy Act
2
1988.
3
19 Subsection 3(1) (at the end of the definition of relevant
4
employer)
5
Add:
6
Note:
See also subsection (2A).
7
20 Subsection 3(1)
8
Insert:
9
reporting period means a period referred to in subsection 13A(2).
10
21 Subsection 3(1) (definition of trade union)
11
Repeal the definition.
12
22 Subsection 3(1) (definition of workplace profile)
13
Repeal the definition.
14
23 Subsection 3(1) (definition of workplace program)
15
Repeal the definition.
16
24 After subsection 3(1)
17
Insert:
18
(1A) The Minister may, by legislative instrument, specify matters for the
19
purposes of paragraph (f) of the definition of gender equality
20
indicators in subsection (1).
21
Note:
See also section 33A.
22
(1B) The matters specified in an instrument under subsection (1A) may
23
relate to employment matters.
24
(1C) Subsection (1B) does not limit subsection (1A).
25
(1D) An instrument under subsection (1A) has no effect in relation to a
26
reporting period unless it is made before the first day of that
27
period.
28
Schedule 1 Amendments
Part 1 Main amendments
8 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
25 After subsection 3(2)
1
Insert:
2
(2A) If, at any time, an employer ceases to be a relevant employer
3
because the number of employees of the employer falls below 100,
4
this Act continues to apply to the employer as if the employer were
5
a relevant employer unless and until the number of employees falls
6
below 80.
7
26 Subsection 3(5)
8
Omit "trade union" (wherever occurring), substitute "employee
9
organisation".
10
27 Subsection 5(4)
11
Repeal the subsection, substitute:
12
(4) By virtue of this subsection, this Act has the effect it would have to
13
the extent that this Act relates to the collection of statistics.
14
28 Subsection 5(9)
15
Repeal the subsection, substitute:
16
(9) By virtue of this subsection, this Act has the effect it would have to
17
the extent that this Act is appropriate to give effect to, or carry out
18
the purposes of:
19
(a) the Convention on the Elimination of all Forms of
20
Discrimination Against Women, done at New York on
21
18 December 1979 ([1983] ATS 9); or
22
(b) the ILO Convention (No. 100) concerning Equal
23
Remuneration for Men and Women Workers for Work of
24
Equal Value, done at Geneva on 29 June 1951 ([1975] ATS
25
45); or
26
(c) the ILO Convention (No. 111) concerning Discrimination in
27
respect of Employment and Occupation, done at Geneva on
28
25 June 1958 ([1974] ATS 12); or
29
(d) the ILO Convention (No. 156) concerning Equal
30
Opportunities and Equal Treatment for Men and Women
31
Workers: Workers with Family Responsibilities, done at
32
Geneva on 23 June 1981 ([1991] ATS 7); or
33
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 9
(e) the International Covenant on Economic, Social and Cultural
1
Rights, done at New York on 16 December 1966 ([1976]
2
ATS 5); or
3
(f) the Convention on the Rights of the Child, done at New York
4
on 20 November 1989 ([1991] ATS 4).
5
Note 1:
In 2012, the text of an international agreement in the Australian Treaty
6
Series was accessible through the Australian Treaties Library on the
7
AustLII website (www.austlii.edu.au).
8
Note 2:
For paragraphs (b), (c) and (d): ILO refers to the International Labour
9
Organization.
10
29 Part II
11
Repeal the Part.
12
30 Part III (heading)
13
Repeal the heading, substitute:
14
Part III--Workplace Gender Equality Agency
15
31 Section 8A (heading)
16
Repeal the heading, substitute:
17
8A Workplace Gender Equality Agency
18
32 Subsection 8A(1)
19
Omit "Equal Opportunity for Women in the Workplace Agency",
20
substitute "Workplace Gender Equality Agency".
21
33 Subsection 8A(2)
22
Omit "Equal Opportunity for Women in the Workplace", substitute
23
"Workplace Gender Equality".
24
34 Subsection 9(1)
25
Omit "Equal Opportunity for Women in the Workplace", substitute
26
"Workplace Gender Equality".
27
35 Paragraph 10(1)(a)
28
Repeal the paragraph, substitute:
29
Schedule 1 Amendments
Part 1 Main amendments
10 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
(a) to advise and assist employers in promoting and improving
1
gender equality in the workplace; and
2
(aa) to develop, in consultation with relevant employers and
3
employee organisations, benchmarks in relation to gender
4
equality indicators; and
5
36 At the end of paragraph 10(1)(b)
6
Add "and".
7
37 Paragraphs 10(1)(c) and (d)
8
Repeal the paragraphs, substitute:
9
(c) to review compliance with this Act by relevant employers, to
10
review public reports lodged by relevant employers and to
11
deal with those reports in accordance with this Act; and
12
(d) to collect and analyse information provided by relevant
13
employers under this Act to assist the Agency to advise the
14
Minister in relation to legislative instruments made under this
15
Act; and
16
38 Paragraph 10(1)(e)
17
Omit "promoting equal opportunity for women in the workplace;",
18
substitute "promoting and improving gender equality in the workplace;
19
and".
20
39 Paragraph 10(1)(f)
21
Repeal the paragraph, substitute:
22
(ea) to work with employers to maximise the effectiveness of the
23
administration of this Act, including by minimising the
24
regulatory burden on employers; and
25
(f) to promote and contribute to understanding and acceptance,
26
and public discussion, of gender equality in the workplace;
27
and
28
40 Paragraph 10(1)(h)
29
Omit "equal opportunity for women in the workplace", substitute
30
"gender equality in the workplace".
31
41 At the end of subsection 10(1)
32
Add:
33
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 11
Note:
Paragraph (d): see also section 33A.
1
42 After subsection 12(2)
2
Insert:
3
(2A) The Agency must, as soon as practicable after the end of:
4
(a) the 2-year period ending on 31 May 2016; and
5
(b) each later 2-year period;
6
submit to the Minister a report on the progress achieved in relation
7
to the gender equality indicators in that period.
8
43 Subsection 12(3)
9
Omit "subsection (1) or (2)", substitute "this section".
10
44 Section 13
11
Repeal the section, substitute:
12
13 Relevant employers to prepare reports relating to gender
13
equality indicators
14
(1) In respect of each reporting period, a relevant employer must
15
prepare a public report in writing containing information relating to
16
the employer and to the gender equality indicators.
17
Matters that must be included in the report
18
(2) The public report in respect of a reporting period must contain
19
details of the matters specified in an instrument under
20
subsection (3).
21
(3) For the purposes of subsection (2), the Minister must, by legislative
22
instrument, specify matters in relation to each gender equality
23
indicator.
24
Note:
See also section 33A.
25
Timing of instrument
26
(4) An instrument under subsection (3) has no effect in relation to a
27
reporting period unless it is made before the first day of that
28
period.
29
Schedule 1 Amendments
Part 1 Main amendments
12 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
Reports to be signed
1
(5) The public report must be signed by the chief executive officer
2
(however described) of the relevant employer.
3
45 At the end of subsection 13A(1)
4
Add:
5
Note:
Sections 137.1 and 137.2 of the Criminal Code create offences for
6
providing false or misleading information or documents.
7
46 Sections 13C and 14
8
Repeal the sections, substitute:
9
13C Personal information
10
(1) At the time of lodging a public report under section 13A, a relevant
11
employer must, in writing (either in the report or otherwise),
12
inform the Agency of the information included in the report that is
13
personal information.
14
(2) Subject to subsection (3), that personal information:
15
(a) must not be published under section 15; and
16
(b) must not be used in a report of the Agency under section 12.
17
(3) Particular personal information may be so published or used if the
18
individual to whom the information relates consents in writing to
19
the publication or use.
20
14 Information relating to remuneration
21
(1) Subject to this section, any information relating to remuneration
22
that is included in a public report lodged by a relevant employer
23
under section 13A:
24
(a) must not be published under section 15; and
25
(b) must not be used in a report of the Agency under section 12.
26
(2) Information referred to in subsection (1) (except personal
27
information) may be so published or used if the relevant employer
28
has, by written notice given to the Agency, agreed to that
29
information being so published or used.
30
Note:
Section 13C deals with personal information.
31
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 13
(3) Information referred to in subsection (1) may be so published or
1
used if the information is in an aggregated form that does not
2
disclose, either directly or indirectly, information about a specific
3
relevant employer or another specific person.
4
14A Information of a kind specified by the Minister
5
(1) Subject to this section, information of a kind specified in an
6
instrument under subsection (2):
7
(a) must not be published under section 15; and
8
(b) must not be used in a report of the Agency under section 12.
9
(2) The Minister may, by legislative instrument, specify kinds of
10
information for the purposes of subsection (1).
11
Note:
See also section 33A.
12
(3) Information referred to in subsection (1) may be so published or
13
used if the information is in an aggregated form that does not
14
disclose, either directly or indirectly, information about a specific
15
relevant employer or another specific person.
16
47 Section 15 (heading)
17
Repeal the heading, substitute:
18
15 Agency's use of public report
19
48 Section 15
20
Omit "A", substitute "(1) Subject to sections 13C, 14 and 14A, a".
21
49 Paragraph 15(a)
22
Repeal the paragraph, substitute:
23
(a) may be published by the Agency by electronic or other
24
means; and
25
50 Paragraph 15(b)
26
Omit "subsection 12(1) or (2)", substitute "section 12".
27
51 At the end of section 15
28
Add:
29
Schedule 1 Amendments
Part 1 Main amendments
14 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
(2)
If:
1
(a) a relevant employer lodges a public report under section 13A
2
in respect of a reporting period; and
3
(b) the report is lodged within the time allowed by section 13B
4
or 17;
5
then, during the period of 28 days beginning on the day the report
6
is lodged, subsection (1) of this section does not apply in relation
7
to the report.
8
52 Section 16
9
Repeal the section, substitute:
10
16 Relevant employer to make public reports accessible to
11
employees and shareholders etc.
12
(1) A relevant employer must, as soon as reasonably practicable after
13
lodging a public report under section 13A, inform:
14
(a) the employees of the employer; and
15
(b) any shareholders or members of the employer;
16
that the employer has lodged the report and of the way in which the
17
report may be accessed (whether electronic or otherwise).
18
(2) The relevant employer must, as soon as reasonably practicable
19
after that lodgement, provide those employees and shareholders or
20
members with access (whether electronic or otherwise) to the
21
public report (excluding information to which subsection (3)
22
applies).
23
(3) This subsection applies to the following information:
24
(a)
personal
information;
25
(b) information relating to remuneration that the relevant
26
employer considers should not be subject to the requirement
27
in subsection (2);
28
(c) information of a kind specified in an instrument under
29
section 14A.
30
(4) Paragraph (3)(a) does not apply in relation to particular
31
information if the individual to whom the information relates
32
consents in writing to the information being subject to the
33
requirement in subsection (2).
34
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 15
16A Relevant employer to inform employee organisations of
1
lodgement of public report
2
A relevant employer must, within 7 days after lodging a public
3
report under section 13A, take all reasonable steps to inform each
4
employee organisation, that has members who are employees of
5
the employer, that the employer has lodged the report.
6
16B Relevant employer to inform employees and employee
7
organisations of the opportunity to comment
8
A relevant employer must, when informing employees under
9
section 16 or an employee organisation under section 16A, advise
10
the employees or employee organisation that comments on the
11
report may be given to the employer or to the Agency.
12
53 Subsection 17(1)
13
Omit "or a confidential report".
14
54 Sections 18 and 19
15
Repeal the sections.
16
55 After Part IV
17
Insert:
18
Part IVA--Reviewing compliance with this Act and
19
consequences of non-compliance
20
21
18 Simplified outline
22
The following is a simplified outline of this Part:
23
·
The Minister will set minimum standards in relation to gender
24
equality indicators, relevant employers and reporting periods.
25
·
The Agency may review a relevant employer's compliance
26
with this Act by seeking further information from the
27
employer. The Agency may do this on a random basis.
28
Schedule 1 Amendments
Part 1 Main amendments
16 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
·
If a relevant employer fails to comply with this Act, the
1
Agency may name the employer in a report given to the
2
Minister or by electronic or other means (for example, on the
3
Agency's website or in a newspaper).
4
·
Examples of a failure to comply with this Act are a failure by
5
a relevant employer to lodge a public report on time or to give
6
the Agency information under section 19A.
7
·
If the Agency proposes to name a relevant employer, the
8
Agency must give the employer notice in writing of the
9
proposal and the reasons for the proposal.
10
·
Relevant employers failing to comply with this Act may not
11
be eligible to compete for contracts under the Commonwealth
12
procurement framework and may not be eligible for
13
Commonwealth grants or other financial assistance
.
14
19 Minister will set minimum standards in relation to gender
15
equality indicators
16
(1) Before 1 April 2014, the Minister will, by legislative instrument,
17
set minimum standards in relation to specified gender equality
18
indicators, specified relevant employers and specified reporting
19
periods.
20
Note 1:
See also section 33A of this Act.
21
Note 2:
For specification by class, see subsection 13(3) of the Legislative
22
Instruments Act 2003.
23
Note 3:
An instrument under subsection (1) may make different provision with
24
respect to different relevant employers and different reporting periods:
25
see subsection 33(3A) of the Acts Interpretation Act 1901.
26
(2) An instrument under subsection (1) has no effect in relation to a
27
reporting period unless it is made before the first day of that
28
reporting period.
29
19A Agency may review compliance with Act
30
(1) The Agency may, by written notice, require a relevant employer to
31
give the Agency information:
32
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 17
(a) that relates to the employer's compliance with this Act or to
1
the employer's performance against the minimum standards;
2
and
3
(b) that is specified in the notice.
4
(2) The notice must specify the period within which, and the manner in
5
which, the information must be given.
6
(3) A period specified in a notice under subsection (1) must be at least
7
14 days after the notice is given.
8
Note:
Sections 137.1 and 137.2 of the Criminal Code create offences for
9
providing false or misleading information or documents.
10
19B Relevant employer fails to comply with Act if employer gives
11
false or misleading information
12
For the purposes of section 19D, a relevant employer is taken to
13
fail to comply with this Act if:
14
(a) the employer lodges a public report under section 13A and
15
any information included in the report is false or misleading;
16
or
17
(b) the employer gives the Agency information under
18
section 19A and the information is false or misleading.
19
Note:
If the employer does not have a reasonable excuse for the failure, the
20
Agency may name the employer in a report given to the Minister or by
21
electronic or other means: see section 19D.
22
19C Relevant employer fails to comply with Act if employer fails to
23
improve against minimum standard
24
If:
25
(a) a relevant employer lodges a public report under section 13A
26
in respect of a reporting period (the base period); and
27
(b) in a case where a minimum standard (the base standard)
28
applies in relation to the employer and the base period--at
29
the end of the base period, the employer fails to meet that
30
standard; and
31
(c) the employer lodges a public report under section 13A in
32
respect of the second reporting period (the comparison
33
period) after the base period; and
34
Schedule 1 Amendments
Part 1 Main amendments
18 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
(d) at the end of the comparison period, the employer's
1
performance against the base standard has failed to improve
2
from the employer's performance against that standard at the
3
end of the base period;
4
then the failure referred to in paragraph (d) is taken, for the
5
purposes of section 19D, to be a failure to comply with this Act.
6
Note:
If the employer does not have a reasonable excuse for the failure
7
referred to in paragraph (d) of this section, the Agency may name the
8
employer in a report given to the Minister or by electronic or other
9
means: see section 19D.
10
19D Consequences of non-compliance with Act
11
(1) This section applies if a relevant employer, without reasonable
12
excuse, fails to comply with this Act.
13
Note:
Examples of a failure to comply with this Act are:
14
(a) a relevant employer fails to lodge a public report on time (see
15
sections 13A, 13B and 17); and
16
(b) a relevant employer fails to inform employees, shareholders or
17
members of the employer that a public report has been lodged
18
(see section 16); and
19
(c) a relevant employer fails to inform employees and relevant
20
employee organisations as required by sections 16A and 16B;
21
and
22
(d) a relevant employer fails to give the Agency information under
23
section 19A.
24
Naming employer in Agency report
25
(2) The Agency may, in a report under subsection 12(1) or (2), name
26
the employer as having failed to comply with this Act and set out
27
details of the non-compliance.
28
Naming employer in other ways
29
(3) The Agency may, by electronic or other means, name the employer
30
as having failed to comply with this Act and set out details of the
31
non-compliance.
32
Note:
For example, the Agency may do this on the Agency's website or in a
33
newspaper.
34
Prior notice to employer
35
(4) If the Agency proposes to:
36
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 19
(a) name an employer in a report under subsection 12(1) or (2);
1
or
2
(b) name an employer under subsection (3) of this section;
3
the Agency must:
4
(c) give the employer notice in writing of the proposal and the
5
reasons for the proposal; and
6
(d) invite the employer to make written representations to the
7
Agency about the proposal within the period of 28 days
8
beginning on the day the notice is given; and
9
(e) have regard to any written representations made by the
10
employer within that period.
11
(5)
If:
12
(a) a relevant employer lodges a public report under section 13A
13
in respect of a reporting period; and
14
(b) the report is lodged within the time allowed by section 13B
15
or 17;
16
then, during the period of 28 days beginning on the day the report
17
is lodged, the Agency must not give the employer a notice under
18
subsection (4) of this section in relation to the lodgement of that
19
report.
20
19E Agency to offer relevant employers advice and assistance if
21
employers fail to meet minimum standards
22
If:
23
(a) a relevant employer lodges a public report under section 13A
24
in respect of a reporting period; and
25
(b) in a case where a minimum standard applies in relation to the
26
employer and that reporting period--the Agency becomes
27
aware that, at the end of that reporting period, the employer
28
fails to meet that standard;
29
the Agency must offer to provide the employer with advice and
30
assistance in relation to improving the employer's performance
31
against that standard.
32
56 Part V (heading)
33
Repeal the heading, substitute:
34
Schedule 1 Amendments
Part 1 Main amendments
20 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
Part V--Director of Workplace Gender Equality
1
57 Subsection 31(1)
2
Omit "workplace programs" substitute "gender equality in the
3
workplace.
4
58 At the end of paragraph 31(3)(a)
5
Add "or".
6
59 Paragraph 31(3)(b)
7
Omit "trade unions;", substitute "employee organisations; or".
8
60 At the end of paragraph 31(3)(c)
9
Add "or".
10
61 Paragraph 31(3)(d)
11
Repeal the paragraph.
12
62 Paragraph 31(3)(e)
13
Omit "workplace programs" substitute "gender equality in the
14
workplace.
15
63 Paragraph 32(1)(a)
16
Omit "information relating to a confidential report or".
17
64 Paragraph 32(1)(b)
18
Omit "such report or".
19
65 Paragraph 32(1)(c)
20
Omit "a confidential report or".
21
66 Subsection 32(1A)
22
Repeal the subsection, substitute:
23
(1A) Subsection (1) does not apply to a person's conduct if the person
24
is:
25
(a) performing a duty or function, or exercising a power, under,
26
or in connection with, this Act; or
27
Amendments Schedule 1
Main amendments Part 1
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 21
(b) performing a function, or exercising a power, under an
1
arrangement in force under section 33.
2
Note:
A defendant bears an evidential burden in relation to the matters in
3
subsection (1A) (see subsection 13.3(3) of the Criminal Code).
4
67 Paragraph 32(2)(a)
5
Omit "information relating to a confidential report or".
6
68 Paragraph 32(2)(b)
7
Omit "a confidential report or".
8
69 Subsection 32(2)
9
Omit "to the extent that the report or information was the subject of a
10
consent under subsection 16(2) or".
11
70 Subsection 33(5)
12
Repeal the subsection.
13
71 After section 33
14
Insert:
15
33A Minister to consult before making legislative instruments
16
(1) Before making a legislative instrument under this Act, the Minister
17
must consult the Agency and have regard to any recommendations
18
of the Agency.
19
(2) The Minister must also consult such persons mentioned in
20
subsection 31(3) as the Minister considers appropriate.
21
Note:
For consultation requirements generally, see Part 3 of the Legislative
22
Instruments Act 2003.
23
72 Transitional--change of name of Agency and Director
24
For the purposes of section 25B of the Acts Interpretation Act 1901:
25
(a) the amendment made by item 32 is taken to be an amendment
26
altering the name of the Equal Opportunity for Women in the
27
Workplace Agency; and
28
(b) the amendment made by item 34 is taken to be an amendment
29
altering the name of the office of Director of Equal
30
Opportunity for Women in the Workplace.
31
Schedule 1 Amendments
Part 1 Main amendments
22 Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012
73 Application, saving and transitional--reports and
1
compliance
2
(1)
Subject to subitem (2), the amendments made by this Part, to the extent
3
to which they relate to:
4
(a) the preparation and lodgement of public reports by relevant
5
employers; and
6
(b)
compliance
with
the
Workplace Gender Equality Act 2012 by
7
relevant employers;
8
apply in respect of the reporting period commencing on 1 April 2013
9
and all later reporting periods.
10
(2)
Sections 16, 16A, 16B, 19A, 19B and 19D of the Workplace Gender
11
Equality Act 2012, as inserted by this Part, also apply in relation to the
12
reporting period commencing on 1 April 2012. However, subsections
13
16(3) and (4) of that Act do not apply in relation to that period.
14
(3)
Subject to subitems (4) and (5), despite the amendments and repeals
15
made by this Part, the Equal Opportunity for Women in the Workplace
16
Act 1999, as in force immediately before the commencement of this
17
item, to the extent to which it relates to:
18
(a) the preparation and lodgement of reports by relevant
19
employers; and
20
(b) compliance with that Act by relevant employers;
21
continues to apply on and after that commencement in relation to the
22
reporting period commencing on 1 April 2012 and all earlier reporting
23
periods. For this purpose, a reference in a provision of that Act to the
24
Agency is taken to be a reference to the Workplace Gender Equality
25
Agency.
26
(4)
Sections 13, 14 and 16 of the Equal Opportunity for Women in the
27
Workplace Act 1999, as in force immediately before the commencement
28
of this item, do not apply in relation to the reporting period
29
commencing on 1 April 2012. Instead, Part IV of that Act is taken to
30
require a relevant employer to prepare, in respect of that reporting
31
period, a public report in writing that sets out the employer's workplace
32
profile.
33
(5)
Sections 18 and 19 of the Equal Opportunity for Women in the
34
Workplace Act 1999, as in force immediately before the commencement
35
of this item, do not apply in relation to the reporting period
36
commencing on 1 April 2012.
37
Amendments Schedule 1
Other amendments Part 2
Equal Opportunity for Women in the Workplace Amendment Bill 2012 No. , 2012 23
Part 2--Other amendments
1
Equal Employment Opportunity (Commonwealth
2
Authorities) Act 1987
3
74 Subsection 3(1) (definition of authority)
4
Omit "Equal Opportunity for Women in the Workplace Act 1999",
5
substitute "Workplace Gender Equality Act 2012".
6
Equal Opportunity for Women in the Workplace Act 1999
7
75 Subsection 3(1) (paragraph (a) of the definition of
8
authority)
9
Omit "higher education institution", substitute "registered higher
10
education provider".
11
76 Subsection 3(1) (definition of higher education institution)
12
Repeal the definition.
13
77 Subsection 3(1)
14
Insert:
15
registered higher education provider means a person or body that
16
is a registered higher education provider for the purposes of the
17
Tertiary Education Quality and Standards Agency Act 2011.
18
Note:
This definition includes bodies taken to be registered higher education
19
providers for the purposes of that Act by Schedule 3 to the Tertiary
20
Education Quality and Standards Agency (Consequential Amendments
21
and Transitional Provisions) Act 2011.
22
78 Subsection 3(1) (paragraph (a) of the definition of relevant
23
employer)
24
Omit "higher education institution", substitute "registered higher
25
education provider".
26
79 Paragraph 31(3)(c)
27
Omit "higher education institutions", substitute "registered higher
28
education providers".
29