Category Archives: Resources

Are you familiar with the term “vicarious liability”? If not, here’s the uncomfortable truth: your business can be held legally responsible for sexual harassment or discrimination committed by your employees: even if you had no idea it was happening. But there’s a defence. Under Australian law, you can avoid vicarious liability if you can prove…

Are you confident that your business could withstand an Australian Human Rights Commission (AHRC) investigation today? Since the Positive Duty legislation came into effect, Australian employers aren’t just responsible for responding to sexual harassment and discrimination complaints: you’re now legally required to prevent them from happening in the first place. This isn’t just a paperwork…

The Importance of Monitoring, Evaluation and Transparency in Meeting Positive Duty Requirements The 7 Standards of Positive Duty exist to create safe and respectful workplaces. But how do do know if the efforts you’re making are working? Standard 7: Monitoring, Evaluation, and Transparency provides a framework for understanding unlawful conduct, and providing clues for how…

The Importance of Reporting and Response in Meeting Positive Duty Requirements In any workplace, it’s important to be able to report and respond to incidents of unlawful conduct effectively for legal compliance, but also to maintain a safe and respectful environment. Standard 6 of the Positive Duty under the Sex Discrimination Act 1984 outlines the…

The Importance of Support in Meeting Positive Duty Requirements Standard 5: Support ensures that organisations provide necessary support to employees who experience or witness unlawful conduct, promoting a safe, respectful and inclusive environment. Effective support not only aids in the immediate well-being of employees but also underpins the broader objectives of the Positive Duty requirements…

Navigating Risk Management: Ensuring Compliance and Safety Under Standard 4 Risk management plays a critical role in maintaining not only compliance but also a thriving work environment. Under the Positive Duty requirements of the Sex Discrimination Act 1984, Standard 4: Risk Management compels organisations to proactively identify and mitigate risks associated with unlawful conduct.  This…

The Importance of Knowledge in Meeting Positive Duty Requirements In today’s workplace, knowledge is more than power – it’s protection. Under the Sex Discrimination Act 1984, Standard 3: Knowledge mandates that organisations instil a deep understanding of respectful behaviour and unlawful conduct amongst all employees. This standard is a crucial component of Positive Duty requirements,…

The Importance of Culture in Meeting Positive Duty Requirements Creating a workplace culture that values safety, respect and inclusion is essential for any organisation. The Australian Human Rights Commission, under the Sex Discrimination Act 1984 (Cth), has established 7 Standards of Positive Duty to guide organisations in eliminating unlawful conduct. Among these, Standard 2: Culture,…

The Importance of Leadership in Meeting Positive Duty Requirements Ensuring safety, respect, and inclusion in your workplace has become more critical than ever. To support this, the Australian Human Rights Commission has outlined seven Standards of Positive Duty under the Sex Discrimination Act 1984 (Cth).  These standards are designed to help organisations and businesses create…

Navigating the AHRC’s Positive Duty Enforcement Introduced in December 2023, the positive duty requires Australian businesses to take proactive steps to prevent sexual harassment and related misconduct. The Australian Human Rights Commission (AHRC) now holds the power to enforce compliance with this duty. While many businesses are committed to fostering safe workplaces, navigating AHRC requirements…