27 Pages Posted: 6 Nov 2015
Date Written: November 5, 2015
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.
Suggested Citation: Suggested Citation
Spender, Peta, Gender Quotas on Boards -- Is it Time for Australia to Lean in? (November 5, 2015). Deakin Law Review, Vol. 20, No. 1, 2015; ANU College of Law Research Paper No. 15-31. Available at SSRN: https://ssrn.com/abstract=2686955