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 environments free from harassment and discrimination. At the forefront of these standards is Standard 1: Leadership.
Effective leadership not only sets the tone for an organisation but also plays a pivotal role in implementing and maintaining a culture that values diversity and gender equality.
In this article, we’ll look at the essentials of Standard 1, exploring why strong leadership is foundational to meeting Positive Duty requirements and how senior leaders can actively contribute to a safer and more inclusive workplace.
Understanding Standard 1: Leadership
In accordance with the Australian Human Rights Commission’s guidelines, a ‘Senior Leader’ is any individual with responsibilities for the management and governance of the organisation or business. In smaller organisations, this is typically the owner and any manager. In larger organisations and businesses, this can be the board (or equivalent), chief executive officer (CEO), executive leadership team (ELT), partners or executive manager.
Why is Leadership Important?
Leaders play a huge part in creating safe, respectful, and inclusive workplaces. They can shape organisational culture and foster an environment where all individuals feel valued and respected. Their accountability extends beyond governance and legal compliance; they set the tone for workplace behaviour through their actions and decisions.
Senior leaders also have considerable influence over how resources are allocated, helping determine which preventive measures against discrimination and harassment are implemented and sustained.
Key Responsibilities of Senior Leaders
Senior leaders play a pivotal role in ensuring that organisations and businesses comply with their Positive Duty obligations under the Sex Discrimination Act. Their responsibilities include:
- Understanding legal obligations and relevant unlawful conduct.
- Developing, documenting, and communicating measures to prevent and respond to unlawful conduct.
- Regularly reviewing and updating these measures.
- Being visible and active in their commitment to diversity and gender equality.
By setting clear expectations and modelling respectful behaviour, senior leaders can significantly influence the overall workplace environment and drive positive change.
Practical Steps to Achieve Positive Duty Standard 1: Leadership
These are some practical steps that can help various types of organisations meet the leadership standard. (Not all will apply to every organisation.)
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Education and Awareness
- Read Guidance Materials: Senior leaders should read materials published by the Commission and the Respect@Work website.
- Subscribe to Updates: Arrange for the organisation to subscribe to updates from regulators and peak bodies on laws related to unlawful conduct.
- Attend Education Sessions: Senior leaders should attend regular education sessions to stay informed about their legal responsibilities and best practices.
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Monitoring and Review
- Regular Reviews: Senior leaders should regularly review research and reports to stay up-to-date on trends related to unlawful conduct.
- Establish Monitoring Systems: Set up systems to track best practices for eliminating unlawful conduct and share these updates with the organisation.
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Resource Allocation
- Allocate Resources: Ensure adequate resources are allocated towards measures for preventing and responding to unlawful conduct e.g. create or approve a ‘prevention and response plan’.
- Support Measures: Senior leaders should actively support and champion measures to eliminate unlawful conduct.
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Communication and Implementation
- Role Model Behaviour: Senior leaders should visibly demonstrate their commitment to a safe, respectful, and inclusive workplace by modelling respectful behaviour.
- Communicate Measures: Clearly communicate the measures taken to prevent and respond to unlawful conduct to all employees.
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Regular Updates and Feedback
- Update Workers: Regularly update workers on the effectiveness of measures and any changes or improvements made e.g. in meetings, through signs, brochures
- Gather Feedback: Collect feedback from workers to assess the impact of the measures and make necessary adjustments.
How can you show that your business has taken action to meet Standard 1: Leadership
To demonstrate your business’s commitment to meeting Standard 1: Leadership, consider documenting and showcasing the following:
- Meeting Agendas: Document discussions on preventing unlawful conduct and implementing Positive Duty measures.
- Attendance Records: Keep track of senior leaders’ participation in training and educational sessions.
- Feedback from Workers: Collect and review feedback from worker surveys and exit interviews. Take action to address issues raised by workers.
- Policies and Codes of Conduct: Develop and update policies and codes of conduct that reflect the commitment to preventing unlawful conduct. Include relevant clauses in senior leaders’ contracts and KPIs.
- Induction Manuals: Ensure induction materials cover the importance of leadership in preventing unlawful conduct.
Meeting Positive Duty Standard 1: Leadership is crucial for fostering a safe, respectful, and inclusive workplace. By actively engaging senior leaders in understanding their obligations and implementing effective measures, businesses can set the tone for a positive workplace culture that values diversity and gender equality.
Take the right steps towards compliance and creating a respectful workplace. Contact us today to learn how we can help your business meet its obligations under the Sex Discrimination Act and ensure a safer, more inclusive environment for all your employees.
