Diversity, Equity and Inclusion Policy (Australia)

A Diversity, Equity and Inclusion Policy in Australia is a legally binding written instrument.

In Australia, DEI policies are supported by a thorough framework of Commonwealth and state anti-discrimination legislation. At the Commonwealth level, the key statutes include: the Sex Discrimination Act 1984 (Cth) — prohibiting sex discrimination, sexual harassment, and (following the Respect@Work amendments) imposing a positive duty on employers to eliminate these forms of conduct; the Racial Discrimination Act 1975 (Cth) — prohibiting discrimination on the ground of race, colour, descent, or national or ethnic origin; the Disability Discrimination Act 1992 (Cth) — prohibiting discrimination on the ground of disability and requiring reasonable adjustments; the Age Discrimination Act 2004 (Cth) — prohibiting age-based discrimination in employment and other areas; and the Australian Human Rights Commission Act 1986 (Cth) — which establishes the AHRC and gives it jurisdiction to investigate and conciliate complaints under all the federal anti-discrimination statutes.

The Fair Work Act 2009 (Cth) also prohibits adverse action in employment on the grounds listed in s 351, which covers the same protected attributes. In addition, the Workplace Gender Equality Act 2012 (Cth) requires relevant employers to report annually to the WGEA on gender equality indicators.

State and territory equal opportunity legislation provides additional protections — for example, the Equal Opportunity Act 2010 (VIC) includes protections against attributes not covered by Commonwealth law, such as physical features and personal association.

The legal framework governing the Diversity, Equity and Inclusion Policy (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Diversity, Equity and Inclusion Policy (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.

A DEI Policy is needed by every Australian employer — regardless of size — as a proactive measure to comply with anti-discrimination laws and to create a positive and inclusive workplace culture.

For employers with 100 or more employees who are 'relevant employers' under the Workplace Gender Equality Act 2012 (Cth), a DEI policy is an important tool for meeting the positive duty obligations under the Sex Discrimination Act 1984 (Cth) and for supporting the organisation's WGEA reporting obligations.

Following the Respect@Work legislative amendments, which introduced a positive duty on employers to take reasonable and proportionate measures to prevent sex discrimination and sexual harassment, all Australian employers need documented policies and procedures as part of their positive duty compliance framework.

For organisations in industries with high rates of discrimination complaints — including hospitality, construction, retail, healthcare, and financial services — a DEI policy is essential risk management, reducing the likelihood of complaints to the Australian Human Rights Commission, Fair Work Commission, or state anti-discrimination tribunals.

For employers in the public sector, universities, and ASX-listed companies, DEI policies are often mandatory requirements under governance frameworks, employment contracts, and procurement policies.

For growing businesses engaging with corporate clients, DEI policies are increasingly requested as part of tender and procurement assessments — many large organisations require their suppliers to maintain DEI policies as a condition of their supplier approval process.

Parties in Australia should prepare a Diversity, Equity and Inclusion Policy (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A thorough Australian DEI Policy should include the following key provisions.

Scope — State that the policy applies to all workers, including employees, contractors, volunteers, and board members, and to all work-related activities including recruitment, performance management, promotion, training, and client interactions.

Protected Attributes — List all protected attributes under applicable federal and state legislation, including: sex, gender identity, sexual orientation, race, colour, ethnicity, national origin, religion, age, disability, marital status, family responsibilities, pregnancy and parental status, and any additional attributes under applicable state equal opportunity legislation.

Commitment Statement — Include a clear statement of the organisation's commitment to diversity, equity, and inclusion and the business rationale for that commitment (e.g., innovation, client service, talent attraction).

Positive Duty — Reference the employer's positive duty under s 47C of the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and hostile work environments.

Prohibited Conduct — Define unlawful direct and indirect discrimination, harassment, victimisation, and vilification, with examples relevant to the workplace.

Reasonable Adjustments — Commit to providing reasonable adjustments for employees with disability under the Disability Discrimination Act 1992 (Cth) and describe the request process.

Workplace Gender Equality — Address the organisation's commitment to gender pay equity and, if applicable, reference WGEA reporting obligations under the Workplace Gender Equality Act 2012 (Cth).

Complaints Procedure — Describe the process for making a complaint, the investigation procedure, confidentiality obligations, and the protection against victimisation for complainants.

Training and Awareness — Commit to regular DEI training for all workers and describe the accountability mechanisms for policy compliance.

Review — Specify the policy review frequency (at least annually) and the person or role responsible for policy administration.

Additional compliance elements for a Diversity, Equity and Inclusion Policy (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.