A key reform of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 was the introduction of a positive duty in the Sex Discrimination Act 1984 (SD Act).
The positive duty requires employers and PCBUs to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, behaviours that create a hostile workplace environment on the ground of sex and related acts of victimisation occurring in a work context or in connection with work.
From December 12, 2023, the Australian Human Rights Commission (AHRC) will enforce the new positive duty (for further information see Member Advice NAT 031/23: New Guidelines for complying with Positive Duty).
The Respect@Work and the positive duty HR Resource Centre topic contains useful key resources to help members understand and comply with their obligations in respect of the positive duty under the SD Act.
Along with the tools and tmplates found below, members may also be interested in the following sample policies that have been updated to include information and guidance related to the positive duty:
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