Terms of Reference - Review of the Workplace Gender Equality Act 2012

The Review will consider if the Workplace Gender Equality Agency (WGEA) – a statutory agency created by the WGE Act – has appropriate powers, tools and levers to achieve the objectives of the WGE Act.

Context

The Government announced in the Women’s Budget Statement 2021-22 a targeted review (the Review) of the Workplace Gender Equality Act 2012 (the WGE Act). This followed the Workplace Gender Equality Agency’s 2019-20 Progress Report, which recommended a review of the WGE Act to drive further progress on gender equality in Australia.

The WGE Act replaced the Equal Opportunity for Women in the Workplace Act 1999 and has not been reviewed since its introduction in 2012.

The Review will consider if the Workplace Gender Equality Agency (WGEA) – a statutory agency created by the WGE Act – has appropriate powers, tools and levers to achieve the objectives of the WGE Act, including to promote and improve gender equality in Australian workplaces, support employers to remove barriers to the full and equal participation of women in the workplace and to eliminate discrimination on the basis of gender in relation to employment matters.

In the Women’s Budget Statement 2021-22, the Government also committed to amending the WGE Act to require Australian Public Service organisations to report to WGEA on gender equality initiatives.  This amendment will create a more comprehensive, representative and accurate data set of the Australian workforce.