Commissioner statement on 2026 compliance priorities and actions

Statement from the Commissioner

By 1 May this year, around 300 public sector organisations will submit progress reports and gender equality action plans (GEAPs) to me under the Gender Equality Act 2020 (Act).

When assessing compliance, I will apply a risk-based and outcomes-focused regulatory approach. This means I will prioritise areas with:

• the biggest impact on gendered harms (avoidable social, economic, physical and psychological impacts that people experience because of gender inequalities), and
• the strongest opportunities for systemic improvement.

Under the Act, duty holders must demonstrate reasonable and material progress in relation to the workplace gender equality indicators(opens in a new window). The 2026 progress reports will show the work duty holders have done and the outcomes they have achieved. GEAPs set out the strategies and measures organisations will implement to address gender inequality for the next 4 years.

By publishing their plans and reporting on their progress, public sector organisations set an important example for all Victorian workplaces. They demonstrate what is possible when gender equality is measured, acted on, and reported transparently.

Gender equality drives safer, more productive workplaces and strengthens the public services Victorians rely on. As Commissioner, my job is to monitor, oversee, and enforce compliance with the Act, to deliver on this goal.

2026 progress reporting compliance priorities

When assessing 2026 progress reports, I will be targeting 3 priority areas:

• sexual harassment
• gender pay gap
• gender impact assessments (GIAs)

I will assess compliance with all 7 workplace gender equality indicators, as required by the Act. However, I will focus my regulatory powers on these three areas because they cause the most significant and persistent gendered harms. They also offer the greatest opportunity for meaningful systemic change.

Workplace sexual harassment causes serious harm. This can include negative mental or emotional health outcomes, lower self-esteem and confidence, lower job satisfaction and reduced organisational commitment. For Australian employers and the economy, the cost is huge: $3.5 billion each year. These costs include lost productivity, reduced wellbeing, and impacts on health and justice systems.

Addressing the gender pay gap is both fair and economically essential. Pay inequality weakens women's financial security and slows Australia's economic growth. Wealth inequality builds up over women's entire lives. This means women have much less superannuation saved for retirement than men do. When women have less money and wealth, it affects their freedom to make choices in their personal lives – including relationships. Gender pay gaps arise from structural, occupational and organisational factors - not individual choices - and require deliberate, evidence-based action.

I will also focus on duty holders’ compliance with GIA reporting obligations. GIAs must be applied to all new or under-review policies, programs and services that have a direct and significant impact on the public. GIAs are a powerful tool to identify and reduce gender inequalities in the policies, programs and services that Victorians rely on every day. When done well, GIAs improve how public policies, programs, and services work for all Victorians.

These priority areas will be familiar. I have highlighted them previously in our Preliminary findings from 2023 progress reports(opens in a new window), sexual harassment insights report(opens in a new window), and gender pay gap insights report(opens in a new window). I also provided tailored feedback on 2023 progress reports to all duty holders, stating my expectations and highlighting areas for improvement.

Progress reporting priority organisations

Duty holders vary significantly in size, function, and resourcing. Each is at a different point in its progress towards gender equality.

Consistent with my risk-based approach, I will focus my regulatory powers on duty holders that:

• did not demonstrate compliance on sexual harassment, gender pay gaps, and/or GIAs in both their 2024 and 2026 progress reports
• employ large workforces
• have high public impact or deliver essential public services (such as, but not limited to, those related to health and safety)
• operate in sectors where gender inequality or gendered harms are well-documented or high-risk.

These characteristics are a guide only. Duty holders do not need to meet all of them to be subject to compliance action. I will consider overall risk and impact when deciding where to focus regulatory action. However, I expect organisations with these characteristics to demonstrate a higher level of maturity, rigour and accountability in their gender equality work. This reflects their role and impact on the Victorian community.

Enforcement approach

My regulatory approach is grounded in guidance and education to support voluntary compliance with the Gender Equality Act. To help duty holders prepare their progress reports and GEAPs, the Commission has provided detailed guidance on GEAPs (opens in a new window)and progress reports(opens in a new window) including step-by-step instructions and templates. We have delivered on-demand videos and online drop-in sessions. I, and members of my team, regularly engage with duty holders through communities of practice, sector forums, and in-person workplace visits.

When duty holders do not comply with their obligations under the Act, I have a range of enforcement powers available. Read more about my compliance powers(opens in a new window).

What happens if progress reporting compliance requirements are not met?

If a duty holder does not meet compliance requirements for their 2026 progress report, I will engage with their senior leaders to resolve the issue. Compliance steps may include:

• scheduling meetings with senior leaders to seek informal resolution
• issuing a warning letter (not formal compliance action under the Act)
• issuing a show-cause letter, requiring the duty holder to explain why I should not issue a compliance notice
• serving a formal compliance notice, if the issue cannot be resolved informally. The compliance notice will, state the action the duty holder must take to achieve compliance. A duty holder may dispute a compliance notice.

If a duty holder fails to comply with a compliance notice I may take further statutory action. This may include naming the organisation and their failure to comply on the Commission’s website, recommending action to the Minister to ensure compliance, and/or applying to the Victorian Civil and Administrative Tribunal for an order directing compliance.

What happens if GEAP compliance requirements are not met?

When a duty holder does not meet compliance requirements for their 2026 GEAP , I will provide feedback identifying changes required. Duty holders will have 60 days to address that feedback and resubmit their GEAP to me. If compliance is achieved after addressing my feedback, I will not need to take any formal compliance action.

A compliant GEAP is essential to guide effective gender equality work over the next four years and to support future progress reporting obligations.

Communicating compliance outcomes

I will communicate compliance outcomes to duty holders no later than in October 2026. I will send outcomes to nominated reporting process owners, heads of organisations, and where relevant, Chairs of governing bodies.

Duty holders may dispute my compliance assessment by writing to me within 14 days outlining the reasons for disagreement. I will review the assessment and may seek further discussion with the duty holder.

If I decide to take any of the compliance actions outlined above, I will communicate directly with affected duty holders following delivery of compliance feedback.

Further information

Duty holders seeking further guidance should refer to:

• Our regulatory approach(opens in a new window)
• Compliance with the Gender Equality Act(opens in a new window)
• 2026 progress report guidance(opens in a new window)
• 2026 GEAP guidance(opens in a new window)

You can also contact my team at enquiries@genderequalitycommission.vic.gov.au