Equality for all

IN AN AUSTRALIAN FIRST GENDER EQUALITY IS NOW

LAW FOR THE PUBLIC SECTOR

The Gender Equality Act came into effect on 31 March 2021. It requires local Councils to take positive action towards gender equality within their organisation and in their public programs, policies and services. Here Dr Niki Vincent, Commissioner for Gender Equality in the Public Sector outlines progress of the Act and its implications.

What does the Gender Equality Act 2020 mean for Victorian Councils and what areas of their operation does it apply to?

Organisations must undertake comprehensive workplace gender audits across seven key indicators and based on this data, consult with their employees, governing body and employee representatives to develop Gender Equality Action Plans every four years. They must publicly report on progress every two years. In addition, gender impact assessments are required for all new public-facing policies, programs and services, as well as those under review.

What other public employers are covered under the Act?

The Gender Equality Act applies to 300-plus Victorian organisations – including the Victorian Public Service, public entities, special bodies, Court Services Victoria, and the Office of Public Prosecutions. All up, it will cover around 380,000 employees – some 11 per cent of Victoria’s workforce.

Why is the Act important?

There is a plethora of economic and social research evidence that demonstrates the problems of gender inequality. There is currently a 10.7 per cent gender pay gap across the Victorian public sector. As one of Victoria’s largest employers, the public sector must lead by example and address the systemic drivers of gender inequality within the workforce.

KPMG analysed the components contributing to the gender pay gap in Australia in their She’s Price(d)less Report on the economics of the gender pay gap in 2019. Their results showed that the most significant component contributing to the gender pay gap in Australia continues to be gender discrimination, accounting for 39 per cent. This is conscious and unconscious bias against women in the workforce. Taking time out to have babies is an important contributor to the pay gap at 25 per cent, but it is blitzed by gender discrimination. Importantly, as KPMG noted, gender discrimination and stereotyped gender norms also influence the other factors that drive the gender pay gap – such as industrial and occupational segregation, which together contribute to 17 per cent of the gender pay gap.

This is why it is very important to target gender discrimination through legislation that really has teeth, such as the Gender Equality Act. Every organisation covered by the Gender Equality Act will be required to publish their data on inequality and demonstrate they are making reasonable and measurable progress in addressing this. When each organisation is transparent about where they need to improve, it means their staff, my office and the broader community will be able to hold them to account.

What do you see as the main reasons for the Act?

The Act will address the drivers of gender inequality. It will increase workforce participation rates – including by reducing discrimination experienced by carers and parents and increasing flexible work arrangements. It will increase women’s economic security – including by addressing the gender pay gap, gendered segregation in the workforce, and structural inequalities preventing women from accessing leadership positions. It will improve health and wellbeing outcomes – including by reducing rates of sexual harassment in the workplace, and improving access to flexible working arrangements, appropriate return-towork arrangements and family violence leave. There will be economic outcomes such as increased GDP and economic productivity through addressing workforce participation, the gender pay gap, and increasing retention. Public policies, programs and services will be more effective and efficient as a result of designing and reviewing them with the needs of all community members in mind.

Women make up 68 per cent of the public sector workforce, but they are significantly over-represented in lower paid roles. Even in leadership positions, the gender pay gap persists for women in the public sector.

Workplaces, and communities, are evolving all the time, why do we need legislation to change the role of women?

According to the World Economic Forum, based on current pace of change, gender equality won’t be achieved for a century. This change has been glacial because it requires new learning, changes in people’s values, priorities, beliefs and loyalties – in their sense of identity. It also creates a fear of loss for those who hold power and privilege. These are slow and painful adjustments.

This is why this legislation is needed. It has put in place the framework to break down outdated stereotypes and systemic inequalities – to achieve what organic change hasn’t. You can’t manage what you don’t measure, and this legislation makes that happen, so organisations can understand where gender inequality exists and focus attention and resources on doing something about it. This will clear the way for workplaces and communities to evolve much more rapidly to achieve gender equality for all.

What is the Commissioner’s role in the Act’s rollout across the public sector?

My role has distinct education, monitoring, research, dispute resolution and enforcement functions under the Act.

What assistance does the Gender Equality Commission provide to Councils? Is support available? If so, what?

We published detailed guidance materials on undertaking workplace gender audits, gender impact assessments and Gender Equality Action Plans. These are fantastic, detailed resources and will be really helpful for anyone involved in these areas.

We have also established a Panel of Providers that organisations can engage for specific assistance to meet their obligations under the Act. They will deliver support services across the following areas: workplace gender auditing, gender impact assessments, strategies to improve gender equality, evaluation, and IT services. We are providing free workshops, tailored to individual sector needs through the Panel, so Councils can access training on how to audit their workforce and how to conduct a gender impact assessment on a new policy, program or service. What is your sense of how Councils are going with meeting their obligations?

Different organisations are at different stages. So, while some are still very much in the early stages, others are well ahead of the game and already have strategies in place to promote gender equality. A majority of Councils (73 of 79) have opted-in to the Victorian Public Sector Commission’s People Matter survey, which will provide important data for the workplace gender equality audit, which is the first step in developing a Gender Equality Action Plan.

What action can you take if an organisation is found to be in breach of the Act?

My role as Commissioner enables me to enforce compliance. This may include an informal resolution, issuing a compliance notice, or recommending that the Minister takes action with the organisation. If all else fails, I can apply to the Victorian Civil and Administrative Tribunal for an order directing the organisation to comply.

Who can Councils contact with their inquiries?

We have comprehensive information on our website and while there, you can also subscribe to our newsletter. Visit www.genderequalitycommission.vic.gov.au or email us at enquiries@genderequalitycommission.vic.gov.au