Positive Duty & Respect@Work

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Let’s work together to enable safe, inclusive and respectful workplaces for everyone.

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What’s Changed?

  • prevention vs response focus – the focus has shifted to prevention of sexual harassment and not just on the ways in which businesses or organisations respond when it occurs. This means that understanding risks, policies and processes, training, awareness and communicating of expectations are vital parts of ensuring a preventative approach. 
  • positive duty – employers need to take reasonable and proportionate measures to prevent and eliminate sexual harassment, conduct creating a hostile work environment, or acts of victimisation against another person. The role of a person conducting a business or undertaking (PCBU) has always had this responsibility, but now the focus is even clearer that worker health and safety isn’t just physical but also psychological health. 

As of 12 December 2023, additional changes to the Australian Human Rights Commission Act 1986 also mean that:

  • The Australian Human Rights Commission (‘the AHRC’) can enforce the positive duty obligation imposed under the Sex Discrimination Act including preparing and publishing guidelines for compliance and undertake research, inquire into matters of systemic or suspected systemic unlawful discrimination and non-compliance. 
  • The AHRC can also deal with complaints received up to 2 years after the alleged behaviour. 

These changes are significant and cannot be ignored by any organisation. There is never a better time to take a proactive approach to ensure you meet the new requirements.