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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-17 Daily Xml
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Bills

Gender Equality Bill

Second Reading

Adjourned debate on second reading.

(Continued from 26 May 2021.)

The Hon. C.M. SCRIVEN (23:05): I rise today to speak to the Hon. Connie Bonaros' Gender Equality Bill 2021. It is every person's responsibility to address gender inequality and, as parliamentarians, we must help to lead the way. The bill sets out objects focused on the achievement of gender equality, the intersectionality of disadvantage, the need for structural change and the need to enhance economic and social participation by people of different genders.

The bill sets out principles focused on the importance of all people, regardless of gender, being able to live their lives fully, safely, free from violence and on the fact that it is everyone's responsibility to achieve gender equality. The bill contains two main elements focused on achieving gender equality and provides for the appointment of a gender equality commissioner. It sets out obligations for entities as defined in the bill in relation to the setting and achievement of gender equality targets and in relation to the conduct of workplace gender audits, and the development and publication of action plans.

This bill contributes to the achievement of gender equality, and Labor broadly supports its focus. Labor will, however, continue its work to focus on a range of strategies to achieve gender equality and will continue to consider the areas that this bill covers.

Labor is proud to have a shadow cabinet that comprises 50 per cent women, and proud that we have had a clear, targeted, affirmative action strategy in place that continues to see the number of Labor women in parliament grow. We are also proud that South Australia was the first place in Australia and the second in the world in which women successfully fought for the right to vote and stand for parliament. Whilst our state has this mantle, we still have much to do.

The scourge of domestic violence persists. It is deeply unacceptable, and everything that can possibly be done to prevent and end it must be progressed. This means addressing the gender inequality that lies as the root cause of disrespect and violence towards women. Labor is committed to doing what it can to prevent violence, to ensure that the legislative framework for dealing with perpetrators and ensuring those impacted have the best possible rights in place, and to ensure that crisis support is available when needed.

Labor has moved multiple bills in this session of parliament, including the bill to criminalise coercive control; to electronically monitor as a condition of bail those charged with serious domestic violence offences; to toughen penalties for breaches of domestic violence intervention orders; and to make the experience of domestic violence a ground of discrimination in the Equal Opportunity Act. It has also given notice of a motion to inquire into all laws and programs relating to consent to sexual activity. We also campaigned for two years to outlaw the vile slogans on Wicked Campers campervans, with the government being finally dragged to the table after community outcry.

We have campaigned against this government's cruel cut to Labor's $24 million dedicated female sporting facilities program, and have raised questions about the axing of the Premier's Women's Directory. We have done all of this and more because we believe that women and girls should be empowered to equally and actively participate in every aspect of our community and our economy because gender equality is the right thing for all people, and the right thing for our state. Gender equality makes our community, our state, a better and fairer place, and provides respect and dignity for all.

The bill follows similar work undertaken in Victoria, where outstanding former South Australian equal opportunity commissioner, Dr Niki Vincent, is now their Gender Equality Commissioner. Labor will be supporting the bill with one small amendment, which we have included simply to clarify the meaning of what a relevant entity is. I would like to thank the Hon. Connie Bonaros for her attention and work on this important piece of legislation.

The Hon. R.I. LUCAS (Treasurer) (23:09): I rise on behalf of the government to speak to the bill. As the Minister for the Public Sector, I am pleased to be able to report that women make up 69 per cent of the employees in the South Australian public sector but, more importantly, for the first time ever, now represent more than 50 per cent of the executive level of leadership in the public sector in South Australia.

The figure I have here is 52.76 per cent, but I think the latest figures will show an even higher percentage when the Commissioner for Public Sector Employment releases the 2021 figures, which are going to show that for the first time we will see significantly more females than males in executive level positions right across the public sector.

The Attorney-General has provided the following advice in relation to the government's position to the Gender Equity Bill as follows. This legislation in the government's view is unnecessary, adding little value to what currently exists. The government believes that if stronger measures are still required, specific functions of the bill can be performed by an existing statutory body within government, such as the Office of the Commissioner for Public Sector Employment or the equal opportunity commissioner.

The objectives set out in the bill could be achieved through other government initiatives and strategies, such as the SA Public Sector Diversity and Inclusion Strategy 2019-21. This is a proactive as opposed to punitive initiative, proving that there are currently strategies in place that are aspirational, forward looking and future building. The Workplace Equality and Respect Project was a whole-of-government initiative implemented with the intention of improving gender equality and fostering a public sector culture of respect.

Through the project, participating agencies have developed gender equality and respect action plans that set clear targets for workplace equality and respect devised by Our Watch, a non-government organisation. Action plans support White Ribbon reaccreditation of state government agencies.

The government indicates that the creation of a new office of Commissioner for Gender Equality is likely to require a budget of approximately $1 million per annum, based on the basis of the office of the commissioner assuming a salary of $250,000 and approximately four full-time equivalent staff and additional expenses.

Additional funding and resources would also be required for SACAT and SAET (South Australian Employment Tribunal), with the bill placing obligations for review and dispute consultation on these tribunals. Further consultation is required to estimate budget impacts of SACAT and SAET and to quantify the expected additional workload.

The Attorney-General outlines that in the government's view there is no clear evidence to support the need for another independent commissioner. The provisions in this bill that refer to the appointment and independence of the commissioner are based on the ICAC and appear, in the government's view, to be disproportionately extreme. This could also raise issues for consistency of employment conditions and is likely to have negative budget impacts.

The Attorney-General outlines that the bill fails to define a responsible minister, which would normally be the case for legislation of this type, such as the Ombudsman Act 1972. For those reasons and others, the Attorney-General outlines the reasons why the government will be opposing this bill.

The Hon. C. BONAROS (23:13): I thank honourable members for their contributions on this bill. I have to say that I am somewhat disappointed with the position of the government, especially because of some of the more recent progressive initiatives that we have seen from this government.

I do acknowledge the Treasurer's contribution as it relates to that 52.7 per cent, which is anticipated to be higher than that actual figure, but if you need any proof of why a separate commission works and is required and is necessary you really need look no further than how the Victorian model is working. It is working extraordinarily well and is proof of how gender equality issues can be progressed through a standalone commission whose goals and outcomes are focused entirely on gender equality.

I just want to run through a couple of things that this bill does not do, to be clear, for the record because we have talked about things and the Treasurer has outlined things that it may not have done, all of which could be fixed by way of amendments, but there are things that the bill does not seek to do. It is not an affirmative action initiative. It does not arbitrarily set targets, or even provide the parameters for this, because it is intended to be highly accustomed to the gender equality challenges that the agencies in question face. They will vary greatly and the bill is responsive to this.

I would have thought that this government would have been open to leading the way in this space, especially given those current numbers that the Treasurer has quoted. It seems to me, based on that contribution, that the cost of establishing this framework has been given priority over the aims of the framework, namely gender equality, which is extremely disappointing.

I am grateful to the opposition and to the Greens and the crossbench for their support and look forward to progressing this debate.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 to 4 passed.

Clause 5.

The Hon. C.M. SCRIVEN: I move:

Amendment No 1 [Scriven–1]—

Page 5, line 19 [clause 5(d)]—Delete paragraph (d)

This is a minor amendment which makes it clear that the scope of this bill, in describing relevant entities, is referring to the public sector. Every organisation should consider how it can advance equality; however, we are unsure how the Gender Equality Commissioner and systems set up through this bill could apply to entities beyond this sector. So to remove confusion we have moved this amendment. It is a simple one which we hope will be supported.

The Hon. R.I. LUCAS: Whilst the government opposes the bill, the government supports the amendment as we believe it limits the application of a bill which we oppose.

The Hon. C. BONAROS: Can I indicate for the record that the intention of this bill is not to extend beyond the public sector and that this amendment—the advice that I have in drafting this bill—is that this particular amendment would not extend it beyond the public sector, or agencies that fall within the public sector. Given the position that has been put by both the government and the opposition, I am happy for this matter to be considered further between the houses, but I would say that by its very nature the bill is one that applies specifically to the public sector.

I do not see, on the advice I have, that this particular provision provides the level of confusion that the opposition has outlined. However, in good faith, I am happy to accept the amendment at this stage so that it can be considered between the houses and we can use that as an opportunity to see if indeed the advice that we have is correct and that this will not extend beyond the public sector or any of those agencies or entities. I propose to resolve the issue in that way, between the houses.

Amendment carried; clause as amended passed.

Remaining clauses (6 to 37), schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. C. BONAROS (23:22): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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