Workplace Gender Equality Act 2012

This section applies if a relevant employer, without reasonable excuse, fails to comply with this Act.

Examples of a failure to comply with this Act are:

a relevant employer fails to lodge a public report on time (see sections 13A, 13B and 17); and

a relevant employer fails to inform employees, shareholders or members of the employer that a public report has been lodged (see section 16); and

a relevant employer fails to inform employees and relevant employee organisations as required by sections 16A and 16B; and

a relevant employer fails to give the Agency information under section 19A; and

a designated relevant employer fails to select gender equality targets for a target cycle (see subsection 13(3AA)).

The Agency may name the employer as having failed to comply with this Act, and set out details of the non‑compliance, in a report under:

subsection 12(2); or

section 46 of the Public Governance, Performance and Accountability Act 2013.

The Agency may, by electronic or other means, name the employer as having failed to comply with this Act and set out details of the non‑compliance.

For example, the Agency may do this on the Agency’s website or in a newspaper.

If the Agency proposes to:

name an employer in a report under:

subsection 12(2); or

section 46 of the Public Governance, Performance and Accountability Act 2013; or

name an employer under subsection (3) of this section;

give the employer notice in writing of the proposal and the reasons for the proposal; and

invite the employer to make written representations to the Agency about the proposal within the period of 28 days beginning on the day the notice is given; and

have regard to any written representations made by the employer within that period.

If:

a relevant employer lodges a public report under section 13A in respect of a reporting period; and

the report is lodged within the time allowed by section 13B or 17;