Bringing you the latest legal news, information and insights impacting the sport and leisure industry.
To download this update as a PDF, click here.
Introduction of the National Gender Equity in Sports Governance Policy
Impact on the sport and leisure industry
The Australian Sports Commission (ASC) and the State and Territory Agencies for Sport and Recreation (STASR) have collaborated to develop the National Gender Equity in Sports Governance Policy, launched last week. The aim of the policy is to improve gender equity in governance and leadership positions in sport. It sets gender equity targets for National Sporting Organisations, State Sporting Organisations and other organisations receiving funding from government agencies, such as peak bodies and recreation organisations.
According to the Policy, all organisations that are subject to the Policy must, by no later than 1 July 2027:
- ensure 50% of all board directors are women and/or gender diverse;
- have a woman or gender diverse person in place as either the organisation's Chair or Deputy Chair; and
- for Tier 1 and 2 organisations, ensure 50% of all members of both the Nominations Committee and Finance, Audit & Risk Committee (or equivalents) are women and/or gender diverse.
What does this mean for your organisation?
Under the Policy, the targets must be met by 1 July 2027. However, each state and territory may set its own timelines and mechanisms for organisations within its jurisdiction. To prepare for the upcoming changes, we recommend you consider the following:
- Conduct an audit of your organisation's current board members. This includes term length and position composition, whether directors have been elected or appointed, and whether any existing terms run up to or over the date by which the targets must be met. Update your board matrix with information about terms and the diversity, skills, expertise, experience and characteristics of the directors.
- Does your constitution need to be amended to facilitate the gender equity targets? Is there an alternative mechanism within the constitution that can be used to achieve the targets?
- Does your organisation have a nominations committee? Review the regulations or by-laws of the nominations committee and consider whether they require amendments to meet the targets.
- How does your organisation find its pool of candidates for new directors? How can this process be improved or altered to achieve the gender equity targets?
Contact Lander & Rogers' Sport & Leisure team for advice on navigating and achieving the new gender equity targets to ensure your organisation is compliant with the Policy.
Access a copy of the Policy here.
Find further supporting materials here.
Privacy reform update: Impending changes announced
What is it?
A Bill containing the first stage of highly anticipated changes to Australia's Privacy Act 1988 (Cth) has been tabled. This follows 116 recommendations made by the Attorney-General's Department in the Privacy Act Review Report, and the Australian Government Response.
The Bill:
- mandates the development of a Children’s Online Privacy Code to better protect the online privacy of children;
- introduces new tiered civil penalty provisions for interferences with privacy;
- introduces a statutory tort for the serious invasion of privacy;
- amends the Commonwealth Criminal Code to introduce criminal penalties for doxxing (i.e. the malicious release of personal data online); and
- introduces a requirement that privacy policies contain information about how automated decision-making processes are used by an organisation.
What does this mean for sports?
The Bill contains several amendments to the Privacy Act that will impact sport organisations and may require updates to privacy policies, collection notices and internal procedures.
Increased penalties, combined with the new statutory tort, broaden the scope and powers of the regulator and increase legal risk associated with privacy and handling of personal information.
The Bill does not deal with some of the more contentious issues forming recommendations in the Privacy Act Review, such as the removal of the employee records and small business exemptions. We expect these will be the subject of further consultation and legislation after the 2025 federal election.
Further information
Our Digital Economy team has prepared an article (four-minute read) that explains the proposed changes in further detail and summarises key takeaways for organisations.
Please also reach out to your Sport & Leisure team contact if you would like further information.
All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.
