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Australian Government Boards (Gender Balanced Representation) Bill 2015

Part 2 Gender balanced representation on Government boards

   

  7   Government boards must be gender balanced

             (1)  When appointing a Government appointee to a Government board, a Government appointer must ensure that the Government board consists of:

                     (a)  at least 40% male board members; and

                     (b)  at least 40% female board members.

Exceptions

             (2)  Subsection (1) does not apply to the following:

                     (a)  appointments to a court or tribunal;

                     (b)  appointments which must be made on the basis of a nomination by a non-Government third party (including a State or Territory, or a foreign country);

                     (c)  appointments that a Commonwealth law requires a particular individual or office holder to hold;

                     (d)  appointments to a Government board where:

                              (i)  the maximum number of board members is 4 or less; or

                             (ii)  the maximum number of board members means it is not mathematically possible for the requirement to be complied with;

                     (e)  where there are extraordinary circumstances that mean that it is not reasonably practicable for the Government appointer to comply with the obligation in relation to a particular appointment.

Example 1: In relation to paragraph (2)(c)—an Act may require that the Secretary of a Department also be the chair of a particular board.

Example 2: In relation to paragraph (2)(d)—if a Government board has 3 members (2 female board members and 1 male board member) it is not mathematically possible for both of the requirements in subsection (1) to be met.

             (3)  If paragraph (2)(d) or (e) applies, the Government appointer must ensure that the Government board consists of a balance of male and female board members that complies with the requirements of subsection (1) to the greatest extent possible.