FAQs

Frequently asked questions about Positive Duty’s services and approach.

Backed by extensive experience, Positive Duty strives to save you time and money, and reduce the risk of financial and reputational damage to your business.

Positive Duty FAQ

Yes. We provide you with verification of attendees and we retain this information for 7 years in the event your company is ever required to provide evidence of training your staff.

Our service offering involves live training for your employees and supervisors so they are clear on their responsibilities and rights relating to respectful workplaces, and are empowered to lead and advocate for a safer workplace.

In conjunction with an annual survey that identifies risks to your business and the delivery of a policy that contains reasonable and proportionate recommendations for you to implement, your organisation is able to demonstrate a commitment to responding to unlawful behaviour.

The Positive Duty subscription is designed to be a cost efficient, yet effective method to assist businesses meet their new obligations. This includes the delivery of our weekly, live webinars. At this time, we are not offering a bespoke service.

Respect@Work FAQ

Positive duty refers to practical and meaningful processes implemented by a business to remove and respond to sexual harassment in the workplace. The Australian Human Rights Commission expects measures to be reasonable and proportionate to the size and the nature of the business. Therefore actions will look different for different businesses.

Organisations:

  • Ensure, as far as is reasonably practicable, the health and safety of workers while at work (including work that occurs beyond the normal workplace and normal working hours)
  • Take all reasonable steps to prevent bullying, workplace sexual harassment or other discriminatory conduct
  • Not victimise (take retaliatory action against) a worker for exercising their workplace rights

Individuals:

  • Not bully, sexually harass, or harass on the basis of sex, another person
  • Not engage in misconduct
  • Not cause, instruct, induce, aid or permit another person to engage in workplace bullying, sexual harassment or other discriminatory conduct

Organisations can be held vicariously liable for certain actions of their employees. This liability means despite the organisation not committing the unlawful behaviour, it is responsible for the actions of their employees in the course of their employment, unless they can show they took steps to prevent the sexual harassment from occurring.

If a complaint is lodged by someone and an inquiry by the Australian Human Rights Commission is triggered, and you are unable to demonstrate you have acted to reasonably and proportionately to remove and respond to sexual harassment, you and your company may be liable.

Alternatively, in severe cases of unlawful conduct a victim may pursue legal action, where you may be held liable.

Yes. The new laws apply to all employers, regardless of the size and nature of the business. There are no exemptions. However, the processes required to be implemented in your business will reflect the size of your business and the resources available.

It is important you listen actively to the victim and provide support where you can and where they agree to be provided with support. Ensure them the conversation is confidential, and only report the harassment if the victim is agreeable. Provide them with details of support services from your workplace, or free services such as 1800 Respect, Lifeline, Headspace, 13Yarn

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Enquire now to find out how our experienced team can help you reduce vicarious liability risks and protect your business today.

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