BAL Insights

What is a DEI Workplace? Recent Reforms to the Workplace Gender Equality Act 2012 (Cth)

Chelsea Francis-Hartman — Mon, 05 Oct 2026 19:00:00 GMT

On Friday 18 September 2026, Chelsea Francis-Hartman, Associate in BAL Lawyers’ Employment Law and Investigations team, presented this month’s HR Breakfast Club session, examining what a genuine “DEI workplace” looks like under Australian law and unpacking recent reforms to the Workplace Gender Equality Act 2012 (Cth) (the WGE Act).

Chelsea opened by distinguishing broader diversity, equity and inclusion initiatives from the specific obligations the WGE Act imposes on employers. While “DEI” is often used as a catch all term, the WGE Act regulates gender equality directly: pay, representation, flexible work, caring responsibilities and harassment, rather than policing every diversity initiative an organisation might adopt.

The session then turned to why this area of law is attracting so much attention right now. Significant amendments commencing in April 2025 introduced a new obligation for large employers to select measurable Gender Equality Targets, with the first targets being selected and reported through 2026. This sits alongside the positive duty under the Sex Discrimination Act 1984 (Cth), now enforceable by the Australian Human Rights Commission, and the public release of employer-level gender pay gap data, which has sharpened scrutiny of individual organisations rather than national averages alone.

Attendees were taken through the practical obligations that apply to employers and HR teams, including the distinction between a “relevant employer” (100 or more employees) and a “designated relevant employer” (500 or more direct employees), the annual reporting obligations that flow from that status, and the requirement for designated relevant employers to select three Gender Equality Targets from a prescribed menu and report on progress over a three-year period.

A highlight of the morning was an interactive workshop segment, in which attendees worked through each of the six Gender Equality Indicators (GEIs): workforce composition, governing body composition, equal remuneration, flexible work and caring support, employee consultation, and sexual harassment or sex-based discrimination, considering how their own organisations might approach the numeric and action targets available under each indicator. Working in small groups, attendees tested potential targets against their organisations’ current data and policies, identifying which options were realistic and which policy or practice changes would be needed to support a chosen target in practice.

Chelsea closed the formal session with the legal risks of non-compliance, including public naming by the regulator, exclusion from Commonwealth contracts and grants, potential criminal liability for false or misleading reporting, and the reputational and ESG exposure that can follow a poor pay gap result or a “bluewashed” public commitment. She then turned to the opportunities these reforms present, encouraging attendees to treat Gender Equality Targets as more than a compliance formality and to use the process to address structural issues such as career interruptions linked to caring responsibilities and the undervaluation of feminised roles, aligning WGEA reporting with related obligations such as positive duty compliance and psychosocial risk management.

Attendee feedback singled out the workshop component in particular, with many noting that working through the GEIs against their own organisations’ circumstances made the obligations feel more concrete and actionable.

BAL Lawyers thanks everyone who attended, and looks forward to seeing you at next month’s HR Breakfast Club session.

Look What You Made Me Disclose: AI decision-making and your new privacy policy obligations

Katie Innes — Wed, 30 Sep 2026 14:00:00 GMT

On 10 December 2026, two significant changes to Australia’s privacy framework take effect.

Organisations that use computer programs, including AI, to make decisions about individuals need to say so in their privacy policies. And the Office of the Australian Information Commissioner (OAIC) must register the Children’s Online Privacy Code (the Code) adding new rules for online services that children are likely to use.

Both changes were introduced by the Privacy and Other Legislation Amendment Act 2024 (Cth) which we outlined in our Essential Guide: Privacy Act Reforms in May 2025. This article sets out what is changing, who is caught, and what to do before December.

Integrated development update: no longer optional and now through the Development Coordination Authority

Alice Menyhart — Tue, 29 Sep 2026 02:00:00 GMT

The Bucketty decision

On 11 September 2026, the Land and Environment Court delivered judgment in Friends of Bucketty Incorporated v Buckettys Brewery Pty Ltd.[1] In this judgment, Pritchard J held that the question of whether a development is “integrated development” within the meaning of s 4.46(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) is a jurisdictional fact. Her Honour also held that, for integrated development, the provisions of Div 4.8 are mandatory. They are not procedures that an applicant may elect to opt out of.[2]

Beyond the contract: I’m a public servant. What are my rights at work?

John Wilson & Kieran Pender — Mon, 28 Sep 2026 02:00:00 GMT

Public sector employment is no ordinary employment. What does that mean for your rights at work?

Can lawyers have side hustles? The law of secondary employment

John Wilson & Kieran Pender — Thu, 10 Sep 2026 02:00:00 GMT

In the modern workplace, the idea of having one employer and a single role is increasingly unusual. The gig economy, the cost of living and the rise of workers wanting to pursue external hobbies has seen the proliferation of side hustles – employees pursuing additional work, whether motivated by pay or passion.

Enterprise Agreements: What Employers Need to Know

Ash Borg — Mon, 07 Sep 2026 02:00:00 GMT

The August 2026 edition of the HR Breakfast Club, led by Special Counsel Ash Borg and assisted by Lawyer Ed Kang, examined enterprise agreements and the bargaining process. The session outlined that while an enterprise agreement can be an important tool for consolidating and tailoring employment conditions, the process for getting one approved by the Fair Work Commission (FWC) can be demanding, and recent reforms continue to reshape the enterprise bargaining landscape.

Essential Guide: Are you in an Acquisition Corridor?

Alice Menyhart — Fri, 28 Aug 2026 02:00:00 GMT

In NSW, all levels of government can acquire privately owned land for a public purpose (an acquiring authority). An acquiring authority may decide to acquire land for development such as roads, schools, pipelines or electricity infrastructure. The process of acquiring land or an interest in land, such as an easement, is regulated by the Land Acquisition (Just Terms Compensation) Act 1991 (the Act). If your land is being acquired, it is important to understand the process and your rights as a landowner. The key steps in the acquisition process, and some practical tips for landowners, are set out below.

WorkSafe ACT: Update

Bill Pardy — Tue, 04 Aug 2026 02:15:00 GMT

At the July 2026 HR Breakfast Club discussion, Director Bill Pardy presented an update on the activities of WorkSafe ACT, covering the regulator’s priorities, enforcement approach, and attitude to emerging WHS risks.

On priorities, Bill noted Commissioner Agius’s reappointment through to 2030, and that the recently updated WHS (2025) and workers compensation (2026) strategic plans reflected a desire for consistency, transparency, proportionality, and accountability, balancing collaborative engagement with duty holders against enforcement activity.

In discussing enforcement, Bill detailed the escalating options available to WorkSafe ACT, including improvement, prohibition, and infringement notices, enforceable undertakings, prosecutions, and other sanctions.

On emerging risks, Bill addressed the distinction between psychological safety (safe interpersonal interactions) and psychosocial safety (the broader work environment) and flagged the rapid integration of AI into workplaces as a new frontier for workplace, legal and commercial risks.

The presentation closed with some practical reminders: stay current on work health and safety and workers compensation obligations, seek expert advice when in doubt, ensure adequate resources are made available to manage risks, and keep workplace risk as a standing agenda item for senior management meetings.

Join us again for BAL Lawyers’ next HR Breakfast Club event on Friday 21 August 2026.

Member Voting Rights in Co-operatives

Katie Innes — Fri, 24 Jul 2026 05:15:00 GMT

Published 1 July 2026

Co-operative Compliance Calendar

Katie Innes — Fri, 24 Jul 2026 02:45:00 GMT

KEY DATES & DEADLINES CHECKLIST

FINANCIAL YEAR: 1 JULY – 30 JUNE
Published 1 July 2026

1. KEY DATES

Date	Action	CNL Reference
30 September (within 3 months of financial year end)	For a co-operative that is a disclosing entity within the meaning of the Corporations Act, it must lodge its annual reports with the Registrar	Section 289
30 November (within 5 months of financial year end)	Must hold its Annual General Meeting	Section 252
30 November (within 5 months of financial year end)	A small co-operative must lodge an annual return with the Registrar for each financial year or A large co-operative (that is not a disclosing entity) must lodge its annual reports to the Registrar for each financial year	Section 293 or Section 289
Within 75 days after the end of the half-year (approx. 13 March if half-year ends 31 December)	If a co-operative is a disclosing entity, it must lodge a half-year report with the Registrar	Section 290
Must comply by the later of: · 2 months after the date on which a direction is given, or · 5 months after the end of the financial year	A co-operative must prepare a financial report and a directors report (and issue to members) if the co-operative is given a direction by at least 5% of all members. Members must give this direction within 12 months of the end of the financial year	Section 271
By the time stated in the direction by the Registrar	A co-operative must prepare a financial report and a directors report (and issue to members) if the co-operative is given a direction by the Registrar. The Registrar can give this direction up to 6 years after the end of the financial year	Section 272
7 years after the transactions covered by the records are completed	Co-operative must retain the financial records	Section 265