Respect@Work compliance: how to ensure your business gets it right
Preventing sexual harassment and discrimination is an ongoing responsibility for employers under Respect@Work laws.
While policies and training are essential, businesses also need to reinforce expectations, identify risks and check that their prevention measures are working.
It’s important employers take a proactive approach across their entire workforce, with regular training for all staff and clear processes for reporting and responding to concerns.
In short:
- Respect@Work compliance requires sustained action to prevent unlawful conduct.
- Regular training, effective policies and ongoing reviews can help protect your people, manage business risks and demonstrate the steps you are taking.
Understand your positive duty
The positive duty under the Sex Discrimination Act 1984 (Cth) requires employers to take reasonable and proportionate measures to eliminate, as much as possible, sexual harassment, sex-based harassment, sex discrimination, hostile workplace environments on the ground of sex, and related victimisation.
It applies regardless of business size, although appropriate measures depend on each business’ circumstances.
Since December 12, 2023, the Australian Human Rights Commission (AHRC) has had powers to investigate and enforce compliance.
What is at risk if your business falls short?
Unlawful conduct can harm employees and undermine trust in the workplace. Businesses may also face complaints, potential liability, reputational damage and the time and expense of responding.
The AHRC can inquire into suspected non-compliance, issue compliance notices and accept enforceable undertakings. Court orders can be sought to enforce compliance notices.
There can also be commercial consequences, as positive duty compliance can be a procurement consideration, particularly for service contracts.
Related reading
- Employers' positive duty requirements to prevent sexual harassment
- The seven standards of Respect@Work laws explained
- Lack of Respect@Work compliance could lead to losing contracts
Other resources
- Workpalce training – build your team's knowledge to manage risks early.
- Our free Respect@Work assessment –your starting point to know what you need support with.
- Respect@Work packages – to help you with policies, procedures, templates to assist with claims and more.
Benefits of compliance – it’s more than a box tick
Effective prevention helps staff understand expected behaviour, recognise inappropriate conduct and know where to seek support.
A documented approach can also help businesses demonstrate their prevention measures to clients and prospective employees.
“Regular training helps keep expectations clear and gives employees the knowledge to recognise and raise concerns,” said CCIWA HR and Workplace Relations Consultancy Manager Chris Nunn.
“If an issue arises, your business should be able to show how those expectations have been communicated and reinforced over time.”
Training records contribute to that evidence, alongside risk assessments, policies and action taken. They do not, on their own, establish compliance or guarantee protection from liability.
Four steps to strengthen your compliance
1. Identify your gaps
Start with our free Respect@Work assessment. This self-rated online tool provides an overall score and a breakdown to help identify areas needing attention.
For further support, we provide a free initial consultant review covering two of the AHRC’s seven standards, with verbal feedback. A full gap analysis and written report are also available.
2. Put prevention into everyday practice
Use the seven standards of Respect@Work to guide your approach: leadership, culture, knowledge, risk management, support, reporting and response, and monitoring, evaluation and transparency.
This includes maintaining relevant policies, assessing workplace risks, providing accessible reporting options and ensuring leaders model respectful behaviour.
Consider risks arising from customer interactions, work functions and online communications, alongside behaviour within your team.
3. Train all staff and reinforce the message
Training should reach every staff member, with additional guidance for managers, leaders and those handling complaints.
Include education in induction and schedule regular refreshers.
“Every staff member needs to understand what respectful behaviour looks like, how to report concerns and where support is available,” Nunn said.
“Managers and leaders need additional skills to respond appropriately, but training leaders alone leaves gaps across the workforce.”
Our Respect@Work training builds practical knowledge for owners, managers and HR professionals.
Businesses can also enquire about customised training and eLearning options for their workforce.
4. Record, review and improve
Keep records of training dates, content, participation and follow-up actions. Check employees’ understanding and arrange training for anyone who misses a session.
Review your policies, risks and reporting processes as your workforce or operations change. Annual refreshers should form part of a broader prevention program.
Make Respect@Work an ongoing part of your business
Whether you’re just getting started or need a review on your current Respect@Work practices, we have a suite of services to support your business:
- Our free Respect@Work assessment – identify where your business may need support with.
- Respect@Work packages to suit different business needs, covering:
- Your Respect@Work policy
- Reporting procedures
- Record keeping
- Employee wellbeing guide
- Templates to assist with claims
- Respect@Work Gap Analysis – we can review your current operations against the AHRC seven standards, provide a report outlining results and recommendations for what needs to be done to improve compliance.
If you’d like to learn more about our packages and services to help ensure you meet your positive duty obligations, contact us via [email protected] or on 08 9365 7415.
