Positive duty requirements under Respect@Work laws require employers to satisfy a set of seven standards to remain compliant. We step you through them.
Under Respect@Work laws, the Australian Human Rights Commission (AHRC) has the power to enforce positive duty under the Sex Discrimination Act 1984.
By Law, employers must take reasonable and proportionate measure to eliminate sexual harassment and other relevant unlawful conduct such as:
- unlawful sex discrimination;
- sex-based harassment;
- work environments that are hostile on the grounds of sex; and
- victimisation (referred to as relevant unlawful conduct).
The legal responsibility of positive duty applies to persons conducting a business or undertaking (PCBU) and employers (organisations and businesses). Regardless of size and resources, all organisations and businesses in Australia that have obligations under the Sex Discrimination Act must satisfy the positive duty against seven standards.
- Leadership: Senior leaders must understand their obligations and have up-to-date knowledge of relevant unlawful conduct. Senior leaders are responsible for ensuring appropriate measures for preventing and responding to relevant unlawful conduct are developed, recorded in writing, communicated to workers and implemented.
- Culture: Foster a culture that is safe, respectful and inclusive, and values diversity and gender equality.
- Knowledge: Develop, communicate and implement a policy regarding respectful behaviour and relevant unlawful conduct.
- Risk management: Recognise that relevant unlawful conduct is an equality and health and safety risk, and should take a risk-based approach to prevention and response.
- Support: Ensure there is appropriate support available to workers who experience or witness relevant unlawful conduct.
- Reporting and response: Ensure appropriate options for reporting and responding to relevant unlawful conduct are provided and regularly communicated to workers and other impacted people. Responses should be consistent and timely, and consequences consistent and proportionate.
- Monitoring, evaluation and transparency: Collect appropriate data to understand the nature and extent of relevant unlawful conduct. This data should be used to develop measures for preventing and responding to relevant unlawful conduct.
In addition, organisations and businesses should be transparent about the nature and extent of reported behaviours, including what action has been taken to address the behaviours, and arrange meaningful staff and senior leaders training at least once a year.
CCIWA has developed three different Respect@Work packages to help businesses meet their obligations under the new positive duty.
In addition, we offer a Respect@Work Gap Analysis looking at current operations against the AHRC seven standards. To find out more contact [email protected].
Positive duty requirements under Respect@Work laws require employers to satisfy a set of seven standards to remain compliant. We step you through them.
Under Respect@Work laws, the Australian Human Rights Commission (AHRC) has the power to enforce positive duty under the Sex Discrimination Act 1984.
