Workplace sexual harassment and the new 'positive duty'

Date of live webcast: Wednesday 26 April 2023

A recent survey by the Australian Human Rights Commission found that one in every three Australian workers reported having experienced workplace sexual harassment in the past five years.

In response to the continual rise of sexual harassment as a “hot topic” issue in Australian workplaces and as part of the ongoing response to the Sex Discrimination Commissioners Respect@Work Report, there has been a seismic shift in the way our laws tackle sexual harassment and the way regulators are dealing with it. In particular, with the introduction of a new ‘positive duty’ on all employers, it is now abundantly clear that the onus is squarely on employers to take action to prevent sexual harassment, sex-based harassment and hostile workplace environments and instead ensure a safe workplace.

Responding to complaints when they arise is no longer enough, businesses must prove they are actively taking preventative steps and managing risks to ensure workplace sexual harassment never occurs in the first place.

Whilst some of the recent changes to the law are already in effect, further changes including new avenues for employees to pursue claims and the Human Rights Commissions powers to actually enforce the new ‘positive duty’ on employers will take effect from 12 December 2023.

Unsure what’s changed and where to start?

In this 60-minute session, our experts Kate Thomson, Senior Associate and Tamsin Lawrence, Senior Associate will unpack the recent changes, guide you through the key requirements step-by-step and provide the clarity you need to ensure compliance.