In efforts to promote understanding of the positive duty under the Sexual Discrimination Act 1984 the Australian Human Rights Commission has launched three short animations designed to increase understanding on –
- What is the positive duty?
- What is work-related sexual harassment?
- The role of employers in preventing sexual harassment.
- The right to be safe and respected at work.
You can find the animations here –
The new positive duty was introduced in December 2022, imposing a legal obligation on employers to eliminate, so far as is reasonable, the following behaviour in the workplace –
- Discrimination on the grounds of sex in a work context
- Sexual harassment in connection with work
- Sex-based harassment in connection with work
- Conduct creating a workplace environment that is hostile on the grounds of sex
- Related acts of victimisation
This change requires employers to focus on actively preventing these acts, rather than only responding after it occurs, and includes all businesses regardless of size or resources. Taking such preventative action will help create safe, respectful and inclusive workplaces.
This positive duty was a key recommendation of the AHRC’s 2020 Respect@Work Report by Sex Discrimination Commissioner Kate Jenkins AO.
Read more about work-related gendered violence and sexual harassment here - Gendered Violence and Sexual Harassment - OHS Reps
VTHC offers Safe Respectful Workplaces training – check out our training calendar and register here - Safe Respectful Workplaces - We Are Union VTHC
VTHC will be delivering two new courses in 2025: a 2-hour course looking at the Positive Duty and associated legislative changes that were introduced following the Respect@Work report; and a 1-day course that explores the range of legislative support for working women, drawing on various pieces of legislation, including the Sex Discrimination Act 1984 (Cth), Fair Work Act 2009 (Cth), Equal Opportunity Act 2010 (Vic) and OHS Act 2004 (Vic), covering entitlements and safety in the workplace. Keep an eye on our website for when these become available for enrolment.
