Gender Equality Legislation in Victoria

All Victorians benefit from gender equality. We have asked Victorians to have a say on the changes we can make to help achieve it.

Update on the Gender Equality Legislation

Thank you for your input to date on the Exposure Draft of the Gender Equality Bill (the Bill). The Office for Women has recently relocated within the Department of Premier and Cabinet and has been collating and analysing all the feedback provided via submissions in response to our discussion paper, consultation reports and survey results.

What will the Gender Equality Bill do?

The Gender Equality Bill proposes new obligations on the Victorian public sector, universities and local councils to plan, implement strategies and report on gender equality in the workplace and promote gender equality across the wider community through considering how policies, programs and services impact people of different genders.

The Bill will affect a broad range of organisations including:

public service bodies
public entities
special bodies
local government
universities
Court Services Victoria; and
The Office of Public Prosecutions.

All organisations captured under the Bill will be required to take action to achieve workplace gender equality and promote gender equality across the wider community. The main obligations under the Bill include:

Gender Equality Action Plans

The Bill proposes that certain Victorian public sector organisations must develop, implement and publicly report on progress against Gender Equality Action Plans.

At a State level, the Minister for Women will also be required to develop and maintain a State Gender Equality Action Plan and report on progress.

Gender Impact Assessments

The Bill proposes that organisations be required to undertake Gender Impact Assessments on certain policies, programs and services to consider the impact on people of all genders.

The use of Gender Impact Assessments in jurisdictions such as Canada and Austria has enabled better policy and program outcomes such as improved women’s workforce participation, safety and wellbeing.

Targets and quotas

Women are approximately half of the Victorian population. The public organisations that represent them should reflect that make up.

The Bill will allow for the development of tailored targets and quotas through regulations, drawing on baseline data provided by organisations as part of their first Gender Equality Action Plans, jurisdictional comparisons and best practice research.

It is not anticipated that blanket targets or quotas will be introduced, rather targets and quotas will be tailored, flexible and reflect an industry or sector’s status in terms of gender equality.

Targets are a proven means to achieve gender equality and improve female representation across the talent pipeline. The majority of countries that top the World Economic Forum’s Global Gender Gap Index (for example, Iceland and Norway) have successfully used targets and quotas to improve gender equality on boards, in leadership positions and to address workforce segregation.

Targets and quotas will apply to a subset of the workplace gender equality indicators and will be developed in consultation with key stakeholders.

Reporting

In the proposed Gender Equality Bill, organisations will be required to report on progress against key indicators of workplace gender equality and any applicable targets or quotas, as well as progress on the implementation of strategies and measures within Gender Equality Action Plans.

In terms of implementation, organisations may be able to incorporate reporting into existing processes to minimise regulatory reporting burdens. In many public sector organisations required data is available through existing reporting systems; the impact of gender equality reporting may involve undertaking additional analysis as opposed to additional data gathering.

Purchasing and funding guidelines

Each year the Victorian Government spends billions of dollars on goods and services to help deliver its work.

Governments often use purchasing guidelines to help influence positive social outcomes. For example, ensuring that suppliers meet environmental sustainability guidelines.

The Bill proposes that guidelines may be issued to ensure that the Victorian Government promote gender equality through procurement and funding policies and practices.

Monitoring and compliance

We need transparency about what’s working and what’s not in reaching gender equality.

We have received feedback from a range of stakeholders about the importance of support for organisations and the need for an independent body to ensure public bodies are meeting requirements to improve gender equality. The Bill will outline a compliance framework and introduce a body to perform education, monitoring, compliance and enforcement functions.

What we did

The Victorian Government released the Bill for public comment in August 2018, with consultation occurring from 21 August to 28 September 2018. Community engagement on the Bill was substantial, with 56 submissions received and 700 Victorians responding to the Bill through this website in 2018.

On 15 and 16 September 2018 a Citizens' Jury of Victorians met to deliberate on the issue of quotas which is a key topic for consideration in the development of the Gender Equality Bill. After being presented with research, data and evidence, the Jury made a number of important recommendations regarding quotas in the Victorian public sector. See the Citizen Jury recommendations in Key Documents on this page.

A series of 10 stakeholder workshops were held between December 2017 and February 2018 and further workshops and targeted consultations were held between May-August 2019 across metropolitan and regional Victoria. Stakeholders represented an array of public sector organisations including universities, councils, police, emergency and essential services, women’s health and legal organisations, multicultural and faith organisations and Victorian Government departments. The consultation process centred on testing the proposed legislative model and seeking stakeholder views on implementation considerations.

What you told us

Stakeholders discussed a range of aspects that the Bill will cover, including:

the potential benefits of gender equality
the principles and objectives of the Bill
the definition of gender and consideration of diversity
the scope of organisations that will be required to take gender equality action
the approach to gender equality
the Bill’s capacity to influence the private and not-for-profit sector
the requirements that organisations will be asked to meet
the setting of targets and quotas
monitoring, support, compliance
resourcing and timelines
the critical preconditions for the success of gender equality legislation

The feedback we received through this process was very positive. Stakeholders expressed strong support for a Gender Equality Bill, emphasising its critical role in achieving substantive equality in practice. Stakeholders viewed the Bill as a once in a generation reform opportunity to influence policy shifts, social norms, cultural expectations and attitudes across Victoria as well as set the standard on gender equality legislation for other jurisdictions in Australia and internationally.

What we heard

Feedback on the content of the Bill was centred around two main areas – strengthening existing provisions and ensuring clarity and certainty. We heard that our stakeholders are in favour of amending the Bill to ensure it is effective in its objective of driving sustainable systemic and structural change on gender equality. The in-depth feedback provided by stakeholders is being synthesised and will contribute significantly to the final drafting of the Bill.

Next steps

The Office for Women has proposed changes to the Bill based on your feedback. The Victorian Government has committed to progressing Victoria’s first Gender Equality Bill, and it is anticipated that the final Bill will be introduced into Parliament by the end of 2019. Please check back here for further updates throughout the process.

Timeline

Timeline item 1

21 August – 28 September 2018

Public consultation on the Gender Equality Bill
Timeline item 2

27 August - 19 September 2018

Face-to-face stakeholder consultations
Timeline item 3

15-16 September 2018

Gender Equality Bill Citizens' Jury
Timeline item 4

May - August 2019

Further face-to-face stakeholder consultations
Timeline item 5

December 2019

Summary report of Gender Equality Bill consultations
Timeline item 6

End of 2019

Gender Equality Bill introduced to Parliament
Timeline item 7

Early 2020

Gender Equality Bill proposed to pass through Parliament
Timeline item 8

2020-21

The Gender Equality Act would take effect for all organisations within scope, including government departments, public entities, universities and local councils

Key Documents

Gender Equality Bill Citizens' Jury Report 2018

MS Word (31.12 KB)

Discussion Paper - Gender Equality Bill 2018

MS Word (92.38 KB)

Safe and Strong: A Victorian Gender Equality Strategy

MS Word (100.32 KB)

Guiding Principles

The Gender Equality Bill proposes to enshrine in legislation a set of principles that all public sector organisations should be guided by.

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.
Gender equality benefits all Victorians, regardless of gender.
Gender equality is a human right and precondition to social justice.
Gender equality brings significant economic, social and health benefits for Victoria.
Gender equality is a precondition for the prevention of family violence and other forms of violence against women and girls.
Advancing gender equality is a shared responsibility across the Victorian community.

We have sought feedback on these principles and will integrate what we have heard through consultations and submissions in the development of the Bill.

FAQs

Why do we need legislation for gender equality?

Gender equality is a human right, and a precondition for social justice and the prevention of family violence and other forms of violence against women and girls. International evidence demonstrates that gender equality also provides significant social and economic benefits.

The Bill represents a once in a generation opportunity to influence policy, social norms, cultural expectations and attitudes across Victoria, as well as set the standard on gender equality legislation for other jurisdictions in Australia.

The evidence is clear: we compel public bodies to promote gender equality by law, gender equality improves. The top three countries on the International Gender Gap Index – Iceland, Finland and Norway – all have gender equality legislation.

“It would be hard to find a country in the world that has successfully tackled entrenched gender inequality without any constitutional or legal reform.” – UN Women

Laws that establish equal rights help achieve gender equality in practice. Laws influence policy shifts, social norms, attitudes and expectations. They improve gender equality by making public institutions accountable.

What is the Gender Equality Bill Citizens' Jury?

We ran a Citizens' Jury in September 2018 to help consider key questions related to the Bill. A citizens' jury is a group of people brought together to debate and discuss an important issue. It is a form of deliberative democracy – when citizens have a direct say in issues that affect them.

Citizens' juries are effective in tackling in big issues. We use them more and more in public engagement processes. They were recently used to develop a 30-year strategy for Victoria’s infrastructure, and to help elect a new Greater Geelong City Council.

The Gender Equality Bill Citizens' Jury allowed Victorians from all walks of life to inform the ways in which the government role models gender equality. It helped to ensure we consider a range of perspectives, making sure our decisions best serve the whole Victorian community.

To create the Citizens’ Jury, we worked with independent and non-partisan experts in deliberative democracy, MosaicLab and newDemocracy Foundation. These experts randomly selected jurors representative of the wider Victorian community and briefed them on the legislation.

The Citizens' Jury also included registered Observers who provided a necessary conduit to the broader community about ‘how’ the Jury considered the issue. It helped build an understanding of the process and allowed the wider community to appreciate the time and effort put into the process by jurors.

The Minister for Women at the time, Natalie Hutchins, attended the second day of the Citizens’ Jury and has taken the advice provided by the Jury directly to government to inform Victoria’s first Gender Equality Bill.

What else are we doing to consult on the Bill?

Stakeholder forums

We have held face-to-face forums with over 179 representatives from sectors affected by the Bill, including local government and public entities. Some organisations not directly affected by the Bill have also been invited to participate, including women’s health and legal organisations, multicultural and faith organisations and peak bodies. Forums have taken place in metropolitan and regional locations.

Targeted consultations

We have been holding further targeted consultations with a diverse range of stakeholders and community organisations that represent Victorians less likely to have a say in the Bill’s development. We’ve also worked with groups who can provide advice on specific aspects of the Bill. The consultation process centred on testing and validating the proposed legislative model and seeking stakeholder views on implementation considerations as well as possible content of the accompanying regulations and guidance materials.

How will new obligations impact on public sector organisations?

The Bill will require organisations to plan and implement gender equality action plans and report on progress against workplace gender equality indicators.

The Bill will require organisations to report on their progress against quotas and targets which will be prescribed in regulations to allow flexibility as organisations change and achieve greater gender equality.

Reporting helps maintain focus on achieving gender equality. It also helps identify where organisations might need extra support.

Many organisations already collect the data required to report on gender equality. They can therefore incorporate any new requirements into their existing reporting.

How will non-government organisations be affected?

The Gender Equality Bill proposes that guidelines be issued to ensure that the Victorian Government promotes gender equality through procurement and funding policies and practices. This will likely have an impact on organisations bidding for funding or contracts in a supply chain, as they change their practices to attract government funding.

In Switzerland for example, a supplier must explain any gender pay gap larger than five per cent, and correct the gap to be eligible for government contracts.

These guidelines would support Victoria’s Social Procurement Framework and will be developed in consultation with a range of key stakeholders.

Is this Bill just about women?

Gender inequality impacts everyone. While the intention of the Bill is to redress the long-standing social and economic disadvantage, prejudice and gender-based violence women have faced historically and in so doing, improve the status of women, men, women and non-binary people will all be considered in the implementation of the Bill. Greater gender equality will be good for everyone and will lead to wider social and economic benefits for all.

Considerations of diversity and intersectional disadvantage and discrimination that impact on gender equality (such as racism or discrimination based on age, sexuality or Aboriginality) have formed part of the feedback we have received, and this will be integrated into the drafting of the Bill.

The Victorian Government acknowledges that additional inequalities exist that and affirms the right to equality and fairness for all Victorians. We acknowledge the Gender Equality Bill will not be able to address all forms of social inequality, but we are committed to removing discrimination from Victorian laws, services and society in a broad range of ways.

Contact Us

Have questions or want to learn more about a project, contact us below:

gender.equality@dpc.vic.gov.au

Want to know more about our gender equality work?

Women Victoria

Engage Victoria

/Department of Premier and Cabinet

Gender Equality Legislation