Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 - Initial Scrutiny [2024] AUSStaCSBSD 237 (27 November 2024)

• Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 202491
• Significant matters in delegated legislation92

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Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024^[91]

Purpose	The bill seeks to amend the Workplace Gender Equality Act 2012 to expand on designated relevant employers’ reporting obligations to include gender equality indicators and targets which the designated relevant employer must make progress towards, or complete, within a set timeframe.
Portfolio	Women
Introduced	House of Representatives on 20 November 2024
Bill status	Before the House of Representatives

Significant matters in delegated legislation^[92]

1.94 The bill seeks to expand on reports relating to gender equality indicators by providing that designated relevant employers (employers)^[93] must also include gender equality targets which they are to commit to achieving.^[94] Once these targets are selected, a target cycle begins^[95] and the employer will report their selected targets at the end of that reporting period. The employer will have three years to make progress on, or achieve, their chosen target before the cycle repeats.^[96]

1.95 Proposed section 17B provides that the minister may, by legislative instrument, set targets in relation to specified gender equality indicators and specified target cycles, and specify rules for the selection of targets by employers in specified target cycles.^[97] Failure to comply with these gender equality targets without reasonable excuse will result in the employer being named in a report given to the minister by the Workplace Gender Equality Agency and tabled in Parliament.^[98]

1.96 The targets and selection rules for gender equality indicators are an essential part of the workplace gender equality scheme. The committee's view is that significant matters should be included in primary legislation unless a sound justification for the use of delegated legislation is provided. In this instance, the explanatory memorandum contains no justification regarding why it is necessary to allow significant matters to be set out in delegated legislation.^[99]

1.97 The committee requests that an addendum to the explanatory memorandum containing a justification for the use of delegated legislation, to set gender equality targets and selection rules, be tabled in the Parliament as soon as practicable, noting the importance of these explanatory materials as a point of access to understanding the law and, if needed, as extrinsic material to assist with interpretation.^[100]

1.98 The committee otherwise draws this matter to the attention of senators and leaves to the Senate as a whole the appropriateness of including significant matters in delegated legislation.

1.99 The committee also draws this matter to the attention of the Senate Standing Committee for the Scrutiny of Delegated Legislation.

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^[91] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024, Scrutiny Digest 15 of 2024; [2024] AUSStaCSBSD 237.

^[92] Schedule 1, item 11, proposed section 17B. The committee draws senators’ attention to this provision pursuant to Senate standing order 24(1)(a)(iv).

^[93] Schedule 1, item 5, proposed subsection 4A(1) provides that designated relevant employers are defined as employing 500 or more employees at any time and is not already a designated relevant employer at that time.

^[94] Schedule 1, item 8, proposed subsection 13(3AA).

^[95] Schedule 1, item 11, proposed section 17A.

^[96] Explanatory memorandum, pp. 16–18.

^[97] Schedule 1, item 11, proposed section 17B.

^[98] Schedule 1, item 11, proposed section 17C, in conjunction with existing sections 12 and 19D of the Workplace Gender Equality Act 2012.

^[99] Explanatory memorandum, p. 18.

^[100] See section 15AB of the Acts Interpretation Act 1901.