As you know, employers have long had a legal obligation to respond to incidents and complaints of discrimination in their workplaces. But did you know that the nature of that obligation changed in 2023.
A positive duty was introduced into the Sex Discrimination Act 1984 and requires employers to proactively prevent sex discrimination, sexual harassment, sex-based harassment, hostile workplaces and victimisation. This positive duty is enforceable by the Australian Human Rights Commission (AHRC).
Rather than simply respond to incidents and complaints, employers must now take ‘reasonable and proportionate measures’ to identify and eliminate these risks. It is not enough to have a policy about sexual harassment or discrimination, and employers must now be taking steps towards action. Employers must demonstrate that they are actively working on how to meet the AHRC standards (leadership, culture, knowledge and accountability). And they must be actively assessing their performance against risk factors in their work environment. The AHRC has powers to enforce compliance where an organisation falls short.
A great place to start is an audit of your current approach. Our associate, Dr Linda Colley, has deep expertise in gender equality and can support your journey to meeting your positive duty. The first step is to work with your team to conduct an audit of your workforce profile, your policies, and your monitoring systems, and identify opportunities to strengthen your approach. Linda can also assist your team to work towards the AHRC standards through coaching and support services.
It’s a daunting prospect to try to navigate this alone, but now you don’t have to do it alone.
If you would like more information on our services or would like an introductory meeting with Linda, please contact your usual Exant advisor or alternatively our HR & IR Consulting team via the form below or on 07 3218 3919.
