We make complying with your Positive Duty easy

No. Your federal requirements exist alongside state laws. For instance, while the Respect at Work reforms are federal, many businesses must still navigate the Equal Opportunity Act or similar state-specific health and safety regulations. Our respect at work consultants specialise in aligning these various legal layers into a single, cohesive strategy so you aren’t managing multiple conflicting sets of rules.

While the Positive Duty to eliminate unlawful conduct applies to all organisations, the specific ‘reasonable and proportionate’ measures required will vary based on your individual circumstances. When the Australian Human Rights Commission (AHRC) assesses a workplace, they look at the budget available, the nature of the work environment, and the practicality of the measures. We help you determine what is specifically required for your unique size and scale.

The AHRC now has the power to investigate businesses and issue compliance notices. Beyond legal penalties, failing to take proactive and meaningful action can lead to significant reputational damage and increased insurance premiums. By properly allocating your business or organisation’s resources now, you avoid the high costs associated with litigation and cultural breakdown later.

Compliance is no longer just about having a static policy. The standards require actions that are documented and measurable, such as regular risk assessments and updated reporting protocols. We provide the tools to help you track these actions, ensuring you have a “paper trail of prevention” should you ever be audited or faced with a claim.

Your duty doesn’t end once an incident is reported. Following unlawful behaviour, your organisation must demonstrate a commitment to continuous improvement. This includes conducting a “post-incident review” to see where your preventative systems failed and updating your business or organisation’s resources to ensure the behaviour is not repeated, among other preventative measures.

While internal HR is vital for daily operations, Positive Duty requires a level of objective auditing that can be difficult to achieve from the inside. Our respect at work consultants provide an unbiased gap analysis of your current culture. This external validation is often a key factor when demonstrating to regulators that you have taken “reasonable” steps to meet your legal obligations.