Gender Equality Act

Background  

In 2020, Victoria introduced the nation’s first gender equality legislation focusing on gender equality in public sector workforces and service delivery, the Gender Equality Act 2020 (Vic) (124). The legislation was introduced in response to the 2015 Royal Commission into Family Violence in recognition of the role that addressing gender inequality plays in reducing family violence and all forms of violence against women. Explicit aims of the Act include addressing violence through structural change and removing systemic causes of gender inequality in public sector workforces, and the policies, programs and services they deliver to communities (124).

The Act applies to Victorian public sector organisations with 50 or more employees (referred to as ‘duty holders’). This includes approximately 300 organisations across Victoria from state government departments to public entities, health services, local councils, universities, courts, emergency services and others (124) (footnote one). 

Duty holders are required to:  

• take action towards achieving gender equality within their workplace through conducting regular workplace gender audits and establishing gender equality action plans  
• consider and promote gender equality in their policies, programs and services through conducting gender impact assessments
• make reasonable and material progress and report on their progress every two years.  

The Public Sector Gender Equality Commissioner oversees implementation of the Act, supported by the Commission for the Gender Equality in the Public Sector (CGEPS). This includes providing education, supporting implementation and enforcing compliance. The Gender Equality Act is an example of how legislation can drive cultural change. It shows how the public sector can lead by example, promoting gender equality and ensuring Victorians of all genders have equitable access to all their government provides.  

Insights

CGEPS plays a crucial role in supporting duty holders as they work towards compliance with their legislative responsibilities. With limited funding and equivalent of 16.5 full-time staff, CGEPS has supported and monitored the progress of duty holders, receiving and analysing close to 300 progress reports and audits from duty holders (122).

As highlighted in a CGEPS-commissioned evaluation, duty holders are making important progress towards embedding gender equality in their workplaces, but there are opportunities for improvement in their understanding and compliance, as well as across the progress reporting and progress audit processes.  

There is improvement needed across many areas including both workplace-focused activity (workplace gender audits and gender equality action plans) and community-facing aspects of the Act, namely gender impact assessments, to enliven the Act’s potential to reach and support broader community change.  

Footnotes