WORKPLACE GENDER EQUALITY ACT 2012 - NOTES

WORKPLACE GENDER EQUALITY ACT 2012 - NOTES

No. 91, 1986

Compilation No. 22

Compilation date: 12 April 2023

Includes amendments up to: Act No. 18, 2023

Registered: 8 May 2023

About this compilation

This compilation

This is a compilation of the Workplace Gender Equality Act 2012 that shows the text of the law as amended and in force on 12 April 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

2 Commencement

2A Objects of Act

2B Simplified outline

3 Interpretation

4 Meaning of relevant employer

5 Application of Act

5A Application of Criminal Code

5B Binding the Crown

Part III--Workplace Gender Equality Agency

8A Workplace Gender Equality Agency

10 Functions and powers of Agency

11 Directions by Minister

12 Agency to submit reports to Minister

Part IV--Reports by relevant employers

13 Relevant employers to prepare reports relating to gender equality indicators

13A Reporting periods for reports

13B When public reports are due

13C Personal information

14 Information relating to remuneration

14A Information of a kind specified by the Minister

15 Agency's use of public report

15A Agency must publish information for relevant employers--achieving gender equality in relation to remuneration

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

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

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

16C Certain reports to be given to relevant employer's governing body

17 Agency may grant extensions

Part IVA--Reviewing compliance with this Act and consequences of non-compliance

18 Simplified outline

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

19A Agency may review compliance with Act

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

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

19CA Relevant employer fails to comply with Act if certain reports are not given to governing body

19D Consequences of non-compliance with Act

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

Part V--CEO

20AA CEO

20 Appointment of CEO

21 Tenure of CEO

22 Remuneration and allowances

23 Leave of absence

24 Outside employment

25 Resignation

26 Termination of appointment

27 Disclosure of interest

28 Acting appointment

Part VI--Miscellaneous

29 Staff

30 Consultants

31 Advisory committees

32 Non-disclosure of confidential information

33 Delegation

33A Minister to consult before making legislative instruments

34 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

(a) The Workplace Gender Equality Act 2012 was amended by the Qantas Sale Act 1992, subsections 2(2), (5) and (6) of which provide as follows:

 (2) Subject to subsection  (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

 (5) If, on the 100% sale day, Part  3 of the Schedule has not commenced, then, on the day on which Part 7 of the Schedule commences, Parts 3 and 6 of the Schedule are taken to have been repealed.

 (6) If a provision of this Act has not commenced before 31  August 1995, the provision is taken to have been repealed on that day.

 The Schedule (Parts 3 and 6) are taken to have been repealed on 31 August 1995.

Endnote 4--Amendment history