Submission to the Inquiry into the Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024
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Recommendation 1: That serious consideration be given to how the privacy concerns raised by the Review of the Workplace Gender Equality Act 2012 (Cth) in relation to the collection of diversity data may be mitigated through additional safeguards and through existing federal and state anti-discrimination law. State-based regulatory models, such as the Gender Equality Act 2020 (Vic), should be looked to for guidance.
Recommendation 2: Conduct further consultation with representative organisations and peak bodies about amending the Workplace Gender Equality Act 2012 (Cth) to collect mandatory intersectional and diversity data.
Recommendation 3: Provide further guidance as to what constitutes a ‘reasonable excuse’ in the Explanatory Memorandum.
Recommendation 4: Establish a formal mechanism for stakeholder consultations with trade unions or other bodies representing employees likely to be affected by the use of delegated legislation to set gender equality targets.
Recommendation 5: Employers repeatedly non-compliant over a two-year period should undergo an external audit conducted by the WGEA or another government agency equipped with the authority to enter workplaces, access relevant information, and issue enforceable compliance notices.
Recommendation 6: Resourcing for the WGEA should be increased to ensure that it is able to sustainably carry out additional functions in relation to the proposed gender equality targets.