Gender Quotas on Boards - Is It Time for Australia to Lean In?

Peta Spender

Abstract


This article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors — the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue —may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored.

Keywords


Corporate Law, Corporate Governance, Feminist Analysis of Law, Board Gender Diversity, Board Gender Quotas, Legislation

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DOI: http://dx.doi.org/10.21153/dlr2015vol20no1art496

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