Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)
Employers have a proactive duty to prevent workplace sexual harassment — AHRC has enforcement powers from December 2023.
Who must comply
All employers and PCBUs.
What triggers it
Conducting a business or undertaking with workers.
When due
Ongoing.
Evidence required
Policies, prevention plans, training, complaints procedures, monitoring data, leadership commitments.
Max penalty
AHRC can issue compliance notices and apply to Federal Court for orders
Summary
The Sex Discrimination Act 1984 (Cth), as amended in 2022, imposes a positive duty on employers and PCBUs to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments, and related victimisation. The AHRC has powers to investigate and enforce compliance from 12 December 2023.
Enforced by
Source legislation
Topics
Frequently asked questions
- Who must comply with Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)?
- All employers and PCBUs.
- What triggers Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)?
- Conducting a business or undertaking with workers.
- When is Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty) due?
- Ongoing.
- What is the maximum penalty for Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)?
- AHRC can issue compliance notices and apply to Federal Court for orders
- What evidence is required for Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)?
- Policies, prevention plans, training, complaints procedures, monitoring data, leadership commitments.
Source: https://humanrights.gov.au/our-work/sex-discrimination/projects/positive-duty-under-sex-discrimination-act. Rules Mate is not a law firm. Always verify against the live regulator source before acting.