Overview
Have you carried out your 'positive duty'?
Every Australian employer now has a legal obligation to take proactive steps to prevent workplace sexual harassment and related unlawful conduct.
Under the Positive Duty provisions in the Sex Discrimination Act 1984 (Cth), employers must take reasonable and proportionate measures to eliminate workplace sexual harassment, sex-based harassment, sex discrimination, hostile workplace environments and victimisation, as far as possible. Simply responding to complaints after they arise is no longer enough. The focus is now on prevention.
The Positive Duty applies to every employer, regardless of size, industry or workforce. There is no small business exemption.
Since December 2023, the Australian Human Rights Commission has had powers to investigate and enforce compliance with the Positive Duty, placing greater scrutiny on whether employers can demonstrate they have taken meaningful action to prevent unlawful workplace behaviour.
The risks of getting it wrong are significant and can include legal claims, regulatory investigations, financial penalties, reputational damage and reduced employee trust.
The reality is that workplace sexual harassment remains a widespread issue. The Australian Human Rights Commission's national survey found that one in three Australian workers experienced workplace sexual harassment within a five-year period, highlighting the importance of prevention and education.
Our Sexual Harassment Positive Duty Toolkit has been developed by workplace law experts to help employers understand their obligations and implement a practical compliance framework across their organisation.
Take action
What should you do?
Many employers understand they have obligations under the Positive Duty but are unsure where to start.
The Australian Human Rights Commission expects employers to take a holistic approach that includes leadership accountability, workplace culture, education, risk management, reporting processes and ongoing review.
As a minimum, employers should:
- Deliver regular training to directors, executives, managers and employees on expected workplace conduct and unlawful behaviour.
- Assess workplace risks and implement measures to prevent sexual harassment and related unlawful conduct before it occurs.
- Establish policies, reporting processes and response procedures.
- Monitor, review and improve compliance measures over time.
The challenge for many businesses is translating broad legal obligations into practical actions.
That's why ABLA developed this toolkit.
Our six-step framework provides a clear pathway for employers to implement the measures regulators expect, using practical templates, policies, checklists and guidance materials that can be adapted to your workplace.
Instead of spending hundreds of hours developing documents and processes from scratch, you'll have access to a comprehensive compliance resource designed to help you take action immediately.
Toolkit contents
What's in the toolkit?
The Sexual Harassment Positive Duty Toolkit provides a practical, step-by-step roadmap to help employers implement and maintain compliance with their Positive Duty obligations.
The toolkit includes:
- A comprehensive 39-page implementation guide
- Six practical steps aligned with regulator expectations
- Seven instructional videos explaining each stage of the process
- A workplace sexual harassment knowledge module that can be incorporated into employee induction and awareness programs
- More than 15 practical tools and resources ready for immediate use
- Template policies and procedures
- Risk assessment and compliance checklists
- Manager guidance materials
- Employee communications and awareness resources
- Posters, templates and reporting tools
The toolkit has been designed to provide employers with the resources required to establish a documented, repeatable and defensible approach to preventing workplace sexual harassment and related unlawful conduct.
Most importantly, it helps demonstrate that your business is taking reasonable and proportionate steps to meet its Positive Duty obligations.
- A comprehensive 39-page 'how-to guide'
- Six clear, practical steps you need to follow
- Seven short instructional videos to guide you through the process, including one on 'Knowledge' that can be used as part of your inhouse induction training
- 15 tools including checklists, templates, processes to follow, draft emails, posters to display, and a policy document to download and use immediately in your business
Queensland businesses
Additional requirements for Queensland businesses
If your business operates in Queensland or has workers based there, you now have additional legal obligations under the state’s Work Health and Safety (WHS) laws. Non-compliance can result in fines up to $29,034.
Queensland employers may be required to maintain a documented Prevention Plan addressing sexual harassment, sex-based harassment and gender-based harassment risks. Failure to comply can attract significant financial penalties.
The Queensland-specific version of this toolkit has been developed to address both Commonwealth Positive Duty requirements and Queensland's additional workplace health and safety obligations.
Your Prevention Plan should include:
- Workplace risk assessments
- Consultation with workers and health and safety representatives
- Clear reporting and response procedures
- Documented prevention measures
- Processes aligned to dispute resolution and representation requirements
Queensland employers should enquire about our Queensland-specific version of the toolkit.
Reasonable steps
What's considered 'reasonable steps'?
One of the most common questions employers ask is: "What does the law actually expect us to do?"
The Positive Duty requires organisations to take measures that are both reasonable and proportionate having regard to factors such as the size of the business, its resources and the nature of the workforce.
While the specific steps may differ between organisations, regulators generally expect employers to be able to demonstrate that they have:
- Identified workplace risks relating to sexual harassment and related unlawful behaviour
- Implemented effective policies and procedures
- Educated leaders, managers and employees
- Created pathways for reporting concerns
- Responded appropriately to complaints and disclosures
- Monitored and reviewed the effectiveness of their controls
- Maintained records demonstrating compliance efforts.
Leadership commitment, training, communication and risk management are all essential components of a compliant prevention framework.
Many businesses know they need to do something but are uncertain about the scope of their obligations or how to implement them effectively.
That's exactly why ABLA developed this toolkit.
It provides a clear, practical and legally informed framework to help employers understand what regulators expect and implement a system that can be maintained year after year.
Don't wait until a complaint, investigation or regulatory enquiry exposes a gap in your compliance.
Take proactive steps now to reduce risk, educate your workforce and build a safer, more respectful workplace.
To arrange a demonstration, discuss your requirements or obtain pricing information, complete the Enquiry Form on this page.