Gender Equality Amendment Regulations 2021 (Vic)

Gender Equality Amendment Regulations 2021

S.R. No. 177/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective amended

6New regulations 5A and 5B inserted

7Regulation 7 substituted

═════════════

Endnotes

STATUTORY RULES 2021

S.R. No. 177/2021

Gender Equality Act 2020

Gender Equality Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 21 December 2021

Responsible Minister:

GABRIELLE WILLIAMS
Minister for Women

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Gender Equality Regulations 2020—

(a)to prescribe matters that must be included in Gender Equality Action Plans; and

(b)to exempt universities from certain requirements in section 11 of the Gender Equality Act 2020 on the condition that other specified requirements are complied with; and

(c)to prescribe universities as designated bodies for the purposes of Division 3 of Part 7 of the Gender Equality Act 2020.

2Authorising provision

These Regulations are made under section 54 of the Gender Equality Act 2020.

3Commencement

These Regulations come into operation on 1 February 2022.

4Principal Regulations

In these Regulations, the Gender Equality Regulations 2020[1] are called the Principal Regulations.

5Objective amended

(1)After regulation 1(a) of the Principal Regulations insert—

"(ab)matters that must be included in Gender Equality Action Plans; and".

(2)In regulation 1(c) of the Principal Regulations, for "2020." substitute "2020; and".

(3)After regulation 1(c) of the Principal Regulations insert—

"(d)any other matters required to be prescribed under the Gender Equality Act 2020.".

6New regulations 5A and 5B inserted

After regulation 5 of the Principal Regulations insert—

"5A   Gender pay equity principles

(1)For the purposes of section 10(1)(c) of the Act, a prescribed matter is how the defined entity has taken the following gender pay equity principles into account in preparing the Gender Equality Action Plan—

(a)equal pay for work of equal or comparable value, which refers to work valued as equal or comparable in terms of skill, effort, responsibility and working conditions, including different types of work;

(b)employment and pay practices are free from bias and discrimination, including the effects of unconscious bias and assumptions based on gender;

(c)employment and pay practices, pay rates and systems are transparent and information about these matters is readily accessible and understandable;

(d)employment and pay practices recognise and account for different patterns of labour force participation by employees who undertake unpaid or caring work;

(e)interventions and solutions are collectively developed and agreed to, sustainable and enduring;

(f)employees, unions and employers work collaboratively to achieve mutually agreed outcomes.

(2)In subregulation (1)(a), pay means remuneration and includes but is not limited to salary, bonuses, overtime payments, allowances and superannuation.

5BWorkplace gender audit assessment period for universities

(1)A university is exempt from the requirement in section 11(2) of the Act that a workplace gender audit must assess the state and nature of gender inequality in the workplace of the defined entity as at 30 June in the Gender Equality Action Plan reporting year to which the audit relates, on the condition that it complies with the requirement specified in subregulation (2).

(2)A workplace gender audit undertaken by a university must assess the state and nature of gender inequality in the workplace of the university as at 31 March in the Gender Equality Action Plan reporting year to which the audit relates, having regard to the matters set out in section 11(2) of the Act.

(3)A university is exempt from the requirement in section 11(3) of the Act that a workplace gender audit must be based on the data specified in that subsection as at 30 June in the Gender Equality Action Plan reporting year on the condition that it complies with the requirement specified in subregulation (4).

(4)A workplace gender audit undertaken by a university must be based on the data specified in section 11(3) of the Act as at 31 March in the Gender Equality Action Plan reporting year.".

7Regulation 7 substituted

For regulation 7 of the Principal Regulations substitute—

7Prescribed designated bodies"

For the purposes of paragraph (d) of the definition of designated body in section 38(1) of the Act, the following defined entities are prescribed—

(a)a Council;

(b)a university.".

═════════════

Endnotes

[1] Reg. 4: S.R. No. 97/2020.