Gender Equality Regulations 2020 (Vic)

Version No. 003

Gender Equality Regulations 2020

S.R. No. 97/2020

Version incorporating amendments as at

30 September 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

4APrescribed defined entities

5Defined entities exempt from application of the Act

5AGender pay equity principles

5BWorkplace gender audit assessment period for universities

5CProgress reports—format and progress audit method

6Prescribed relevant period

7Prescribed designated bodies

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 003

Gender Equality Regulations 2020

S.R. No. 97/2020

Version incorporating amendments as at

30 September 2023

1Objective

The objective of these Regulations is to prescribe—

(aa)defined entities; and

(a)defined entities that are exempt from the application of all or part of the Gender Equality Act 2020; and

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

(ac)the method and format for progress reports; and

(b)alternative relevant periods for the purpose of Part 5 of the Gender Equality Act 2020; and

(c)designated bodies for the purpose of Division 3 of Part 7 of the Gender Equality Act 2020; and

(d)any other matters required to be prescribed under 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 31 March 2021.

4Definitions

In these Regulations—

existing regional library means a regional library that existed under section 196 of the Local Government Act 1989 immediately before the repeal of sections 196 to 197G of that Act on 1 July 2021 by the Local Government Act 2020 and remains in existence under section 330 of the Local Government Act 2020;

school council has the same meaning as in the Education and Training Reform Act 2006;

the Act means the Gender Equality Act 2020;

universityhas the same meaning as in the Education and Training Reform Act 2006.

4APrescribed defined entities

For the purposes of section 5(1)(h) of the Act, an existing regional library is prescribed as a defined entity.

5Defined entities exempt from application of the Act

(1)For the purposes of section 5(2) of the Act, school councils are exempt from the application of the Act.

(2)For the purposes of section 5(2) of the Act, the Tribunal is exempt from the application of the Act (other than Parts 1, 2, 3, 4, 5, 7 and 8) to the extent that the Act applies to a defined entity.

5AGender 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.

5CProgress reports—format and progress audit method

(1)A progress report must be in the format (if any) approved by the Commissioner.

(2)For the purposes of section 19(3)(c)(i) of the Act, a progress report demonstrating a defined entity's progress within the relevant period in relation to the workplace gender equality indicators is to be done in accordance with the following method, known as a progress audit—

(a)collect information relating to the workplace gender equality indicators;

(b)compare that information with information from the immediately preceding workplace gender audit relating to the workplace gender equality indicators;

(c)include in the progress report, in the format (if any) approved by the Commissioner—

(i)the information referred to in paragraph (a); and

(ii)the results of the comparison referred to in paragraph (b).

(3)The Commissioner must publish on the Commissioner's website any format approved for the purpose of subregulation (1) or (2)(c).

6Prescribed relevant period

For the purposes of the definition of relevant period in section 19(6) of the Act, the prescribed period in respect of a university is the previous 2 reporting periods described in section 13A of the Workplace Gender Equality Act 2012 of the Commonwealth.

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;

(c)an existing regional library.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Gender Equality Regulations 2020, S.R. No. 97/2020 were made on 22 September 2020 by the Governor in Council under section 54 of the Gender Equality Act 2020, No. 5/2020 and came into operation on 31 March 2021: regulation 3.

The Gender Equality Regulations 2020 will sunset 10 years after the day of making on 22 September 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Gender Equality Regulations 2020 by statutory rules, subordinate instruments and Acts.

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Gender Equality Amendment Regulations 2021, S.R. No. 177/2021

Date of Making:	21.12.21
Date of Commencement:	1.2.22: reg. 3

Gender Equality Amendment Regulations 2023, S.R. No. 94/2023

Date of Making:	29.8.23
Date of Commencement:	30.9.23: reg. 3

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3   Explanatory details

No entries at date of publication.