To assist in the preparation of a Gender Equality Bill, the Victorian state government commissioned a Citizens' Jury to consider the issues surrounding using quotas in the public sector to enhance women's representation and participation in public sector leadership.
Problems and Purpose
In 2018 the Victorian State government put forward a draft Gender Equality Bill that would cover the public sector, universities and local councils [1]. The Bill was open for public consultation and the government undertook a number of engagement activities, which included a citizens’ jury. The jury was asked specifically to consider the possible implementation of quotas for public sector organizations [2]. They had to consider and answer the question, "The Victorian Government is drafting a Gender Equality Bill. The setting of quotas for public sector organisations is a key part of this. What Gender Equality quotas are fair? How can they best be implemented?" [2]
Background History and Context
The state of Victoria has implemented a number of deliberative democratic processes in recent years at both state and local level. Infrastructure Victoria, a statutory body managing transport across the state has convened two such engagement processes which included citizens’ juries. In regional Geelong, a citizens’ jury was also used to help decide a new governance structure for the city.
Organizing, Supporting, and Funding Entities
The citizens’ jury was convened by the state government’s Department of Health and Human Services (DHHS). The process was designed by the newDemocracy Foundation and facilitated by MosaicLab.
Participant Recruitment and Selection
A total of 83 jurors participated in the jury, from an initial invited group of 100 [3]. Participants were selected through a random sample stratified for gender, age, linguistic diversity, sexual identity, disability and Aboriginal and Torres Strait Islander identity and location [4].
Methods and Tools Used
The overall engagement process involved a number of activities, including stakeholder workshops and forums [5]. The citizens’ jury itself differed slightly from the traditional model by having a larger juror group, and meeting over one weekend only. A citizens’ jury typically involves up to 25 people that meet several times over a longer period.
What Went On: Process, Interaction, and Participation
The jury met for two full days of deliberation over a single weekend. Prior to meeting, they had been provided with background information about gender equality in Victoria and proposed legislation under the draft Gender Equality Bill.
Facilitators introduced the jury to the concept of critical thinking and how to utilise them [6]. The jury then heard from expert speakers on the subject of quotas, but it is noted in the jury’s final report that the speakers’ views were not diverse, with a bias towards supporting quotas [7].
Jurors also considered case studies of percentages, implementation and long-term success of gender quotas from other countries as part of their deliberation [2].
Jurors deliberated in small groups and worked in small groups to draft proposals, which were then assessed and voted on, and circulated in different groups of jurors to be redrafted and refined [8]. Finally, recommendations were presented to the whole group and were voted on by super-majority for inclusion in the final report. Recommendations that did not reach super-majority were included as a minority report within the final report.
The jury provided 11 practical and 4 aspirational recommendations which included support for 40-40-20 gender quotas, where 40% of roles should be filled by women and men respectively, and 20% for either [9].
Influence, Outcomes, and Effects
The jury’s recommendations fed into a broader consultation process, which included a series of stakeholder forums with entities who will be affected by any legislation. This process continued into 2019 and feedback was used to propose changes to the Gender Equality Bill. It is expected that this will be introduced to the parliament by the end of 2019 [10].
The Bill passed state parliament in February 2020 and is now known as the Gender Equality Act (2020) [1].
Analysis and Lessons Learned
The final jury report includes a minority report that expressed concern over potential bias in the jury’s findings. Only three expert speakers presented to the jury and all three supported the introduction of gender quotas. Therefore, the jury did not have much opportunity to deliberate over opposing views. A small group of jurors also expressed concern that the jury process ‘was extremely rushed and did not allow jury members to reach a proper and truly considered opinion’ [11].
An appendix to the report provides detail of experts who were invited to speak – particularly against quotas – but who were unavailable [12]. This case highlights the challenge for deliberative practitioners of sourcing diverse perspectives and the important and complex role of experts in deliberative processes.
See Also
References
[1] Government of Victoria (2019) Gender Equality Legislation. Available at: https://engage.vic.gov.au/gender-equality
[2] MosaicLab (2018) Current Projects: Gender Equality Citizens' jury. Available at: https://www.mosaiclab.com.au/current-projects
[3] Hanasz, P. (2018). A citizen’s jury in Victoria managed to reach a consensus on gender quotas. Women's Agenda. Available at: https://womensagenda.com.au/politics/a-citizens-jury-in-victoria-managed-to-reach-a-consensus-on-gender-quotas/
[4] Gender Equality Bill Citizens' Jury (2018). Gender Equality Bill Citizens' Jury Final Report [doc]. Available at: https://engage.vic.gov.au/gender-equality
[5] Government of Victoria (2019) Gender Equality Legislation. Available at: https://engage.vic.gov.au/gender-equality
[6] Hanasz, P. (2018). A citizen’s jury in Victoria managed to reach a consensus on gender quotas. Women's Agenda. 25 September 2018. Available at: https://womensagenda.com.au/politics/a-citizens-jury-in-victoria-managed-to-reach-a-consensus-on-gender-quotas/
[7] Donaldson, D. (2018). Citizens’ jury endorses public sector gender quotas. The Mandarin. 20 September 2018. Available at: https://www.themandarin.com.au/98838-citizens-jury-endorses-public-sector-gender-quotas/
[8] Ibid.
[9] Gender Equality Bill Citizens' Jury (2018). Gender Equality Bill Citizens' Jury Final Report [doc]. Available at: https://engage.vic.gov.au/gender-equality
[10] Government of Victoria (2019) Gender Equality Legislation. Available at: https://engage.vic.gov.au/gender-equality
[11] Gender Equality Bill Citizens' Jury (2018). Gender Equality Bill Citizens' Jury Final Report [doc]. Available at: https://engage.vic.gov.au/gender-equality
External Links
https://www.newdemocracy.com.au/2018/10/18/victorian-government-gender-equality-bill-citizens-jury/
https://engage.vic.gov.au/gender-equality
