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Positive Duty is a legal obligation introduced into the Sex Discrimination Act 1984 (Cth) in December 2022. It applies to ‘persons conducting a business or undertaking’ and ‘employers’ (as defined in the Sex Discrimination Act).
Positive Duty requires organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate the following behaviours as far as possible:
- discrimination on the grounds of sex in a work context
- sexual harassment in connection with work
- sex-based harassment in connection with work
- conduct creating a workplace environment that is hostile on the grounds of sex
- related acts of victimisation.
Every business has a responsibility and opportunity to prevent sexual harassment at work.
What is Positive Duty
Getting started with Positive Duty
Positive Duty laws are in effect, which means employers must take all reasonable steps to prevent workplace sexual harassment and discrimination, rather than only responding after it occurs.
What this looks like in practice will vary from business to business. But by taking simple steps you can address Positive Duty and help Lead the change.
