Rules Mate

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Positive duty assessment

Since 12 December 2022, every employer and PCBU has a positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, sex discrimination, hostile workplace environments and victimisation. This tool scores your program against the AHRC's seven standards and prioritises gaps by severity.

Last verified: 1 July 2026
Scope
Profile
AHRC seven standards

Leadership

Standard 1 — senior leaders understand the positive duty, are accountable for it, and actively drive prevention.

Culture

Standard 2 — you foster a safe, respectful and inclusive culture where workers feel able to speak up.

Knowledge — policy on prohibited conduct

Standard 3 — a clear, accessible policy defines sexual harassment and other prohibited conduct and sets expected behaviours.

Knowledge — training for all workers

Standard 3 — regular, tailored training for all workers, managers and leaders on rights, obligations and how to respond.

Risk management (WHS / psychosocial)

Standard 4 — sexual harassment is treated as a WHS / psychosocial hazard: risks are identified, assessed and controlled.

Support for workers

Standard 5 — accessible support is available to workers who experience or witness conduct, regardless of whether they report.

Reporting & response

Standard 6 — accessible, trauma-informed and consistent options exist to report conduct and respond appropriately.

Confidential / anonymous reporting options

Standard 6 — reporting options include confidential and, where appropriate, anonymous channels.

Measuring, evaluating & transparency

Standard 7 — you collect data on the nature and extent of conduct, evaluate your measures, and act transparently on the findings.

Reference tool — not professional advice. The positive duty is principles-based and proportionate to your size, resources and risk profile. Always confirm your specific obligations with the Australian Human Rights Commission or a suitably qualified adviser for material decisions.

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Frequently asked questions

Who does the positive duty apply to?
All employers and PCBUs (persons conducting a business or undertaking) in Australia, regardless of size or industry. There is no small-business exemption. If you engage workers in any capacity, the duty applies to you.
When did the positive duty commence?
The positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) commenced on 12 December 2022. The Australian Human Rights Commission (AHRC) gained enforcement and inquiry powers from 12 December 2023 and is now actively enforcing compliance.
What must the duty prevent?
Reasonable and proportionate measures to eliminate, as far as possible: sexual harassment, sex-based harassment, sex discrimination, conduct that creates a hostile workplace environment on the ground of sex, and related victimisation.
What can the AHRC do if we don't comply?
The AHRC can conduct inquiries, issue compliance notices specifying action to be taken, enter into enforceable undertakings, and apply to the Federal Court to enforce a compliance notice. The duty is proactive — you must act before a complaint is made.

Not sure which obligations apply to you?

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