Consequences of non-compliance

The Workplace Gender Equality Act 2012 (the Act) specifies a relevant employer’s obligations as well as the consequences for non-compliance. If an employer does not meet all compliance requirements, WGEA may:

• name the employer in a report to the Minister that is tabled in both Houses of Parliament
• name the employer publicly by electronic or other means
• not issue the employer with a certificate of compliance.

For further information, refer to Reporting compliance. 

If a subsidiary fails to meet any compliance requirement – other than those that specifically apply to designated relevant employers (DREs) – the parent company will be considered non-compliant. This is because the parent company is ultimately responsible for the subsidiary.

DREs have additional compliance requirements to meet related to Gender Equality Standards and Gender Equality Targets. Failure to meet these additional requirements will result in the DRE’s non-compliance – but this will not affect the compliance status of other related entities in the organisational structure.

For further information, refer to:

• Corporate structures
• Reporting compliance 

Relevant employers who do not meet their compliance requirements will not receive a certificate of compliance from WGEA. 

For information on how this might affect your ability to tender for contracts, or receive Commonwealth grants or other financial assistance, refer to Government tenders.

If you are a private sector relevant employer and have received a section 19A notice, this means you did not lodge your Report by the 31 May deadline (or within an approved extension period). Under the Act, you are now considered non-compliant.

What this means for you

• You have 14 days from the date of the notice to respond.
• The purpose of the notice is to give you a final opportunity to lodge your report before the reporting program closes on 31 October.
• Lodging your report is the best way to avoid being named as non-compliant.

What you need to do

• Lodge your Report immediately.
• If you are unable to do so, provide a reasonable excuse to WGEA and inform us of the following:
  • whether your organisation or corporate structure's employee count has fallen below 80
  • any changes to your organisation's contact details
  • any changes to your organisation's structure
  • whether you have ceased trading or are in liquidation or receivership.

For further information, refer to the Non-compliance notification process. 

These steps apply to private sector relevant employers.

1. Initial notice (section 19A)

• WGEA will notify the employer of their non-compliance (by providing a section 19A notice) and request that the employer:
  • lodge their Report before program closure (31 October), or
  • provide a reasonable excuse to WGEA.
• Please note:
  • The employer is given 14 days to provide additional information explaining the circumstances and reasons for not lodging on time.
  • If the employer lodges their Report before 31 October, no further compliance action will be taken.

2. Assessment of employer’s response

• If the employer provides a reasonable excuse, they will remain non-compliant but will not be publicly named.
• If the employer fails to respond or does not provide a reasonable excuse, WGEA will proceed to the next step or may exercise its discretion not to name the employer.

3. Final warning (section 19D)

• WGEA will inform the employer (by providing a section 19D notice) of its intention to publicly name them.
• The employer then has 28 days to explain in writing why they should not be named.

4. Final decision

• After considering the employer’s written response, WGEA will decide whether to publicly name them as non-compliant.
• Employers who are named as non-compliant will generally be published on WGEA’s website.
   

To view the legislative authority guiding these notices, please refer to sections 19A and 19D of the Workplace Gender Equality Act 2012.

WGEA assesses an employer’s response and context before making a final decision on whether to name the employer as non-compliant.

WGEA considers the employer’s response, in addition to its context, size and compliance history, in deciding whether to take compliance action.

Where a relevant employer is repeatedly non-compliant, WGEA is more likely to publicly name them as non-compliant. WGEA is unlikely to accept the following reasons as a reasonable excuse for non-compliance:

• The employer was busy during the lodgement period.

• There were changes to the CEO or other key personnel during the lodgement period.