In December 2022, the Australian Government amended the Sex Discrimination Act 1984 to introduce a new Positive Duty on employers. This duty requires organisations to take “reasonable and proportionate measures” to eliminate workplace sex discrimination, sexual harassment, and victimisation.
Through human resources consulting, cultural advisory servicespositive duty compliance reviews, and leadership training, we’re helping businesses to understand their legal responsibility and shape a workplace where safety, respect, and courage are values shared by everyone.
What is the Positive Duty?
The Positive Duty in brief: Organisations are now legally obliged to proactively prevent harm. It is no longer enough to respond after issues are raised. The change reflects a shift in workplace law with impacts that extend across Australian society.
Positive Duty was a key recommendation put forward in the Australian Human Rights Commission’s (AHRC) Respect@Work: Sexual Harassment National Inquiry Report published in March 2020. Respect@Work highlighted that 39% of women and 26% of men had experienced workplace sexual harassment in the past five years.
What it Means for Australian Businesses
Under the amendments, the AHRC has the power to monitor compliance and enforce the Positive Duty through investigations and compliance notices. In practice, this means organisations must develop policies and processes to stop misconduct before it occurs. Leaders must demonstrate active commitment to safe, respectful workplaces.
The Positive Duty can feel broad, but its application comes down to everyday behaviours:
- Call it out: Address inappropriate behaviour directly and early.
- Create safe spaces: Encourage open and respectful conversations.
- Embed prevention: Invest in policies, training, and reporting mechanisms.
- Model values: Leaders must show accountability, courage, and respect.
Progressive organisations recognise that the Positive Duty is more than a legal obligation. It is a call to strengthen workplace culture, and in doing so, make positive changes in Australian society.
Beyond Compliance: Building a Better Culture
Positive Duty requires Australian businesses – of all sizes, all over the country – to band together, creating a culture based on values like:
- Empowerment: Confidence to act and authority to change things.
- Kindness: Treating others with respect and care.
- Positive collaboration: Working together to do better every day.
- Inclusion: Diversity is valued and visible.
- Courage: People step in, speak up, and support each other.
- Safety: Intimidation, exclusion and fear have no place.
Changing culture requires every employee to become an upstander, not a bystander. They must understand that they have a circle of control, be willing to challenge poor behaviour, and have the tools to support colleagues.
Putting the Positive Duty Into Action With Human Resources Consulting
Human resources consulting transforms the Positive Duty from a concept into a catalyst for cultural change. Our experienced consultants are helping organisations implement practical, people-focused strategies:
- Auditing current practices, processes, and policies.
- Identifying gaps and risks.
- Designing strategies that comply with the law and transform workplace culture.
- Guiding change management to embed the Positive Duty for good.
- Monitoring wellbeing, compliance, and effectiveness.
Psychological safety is proven to have a significant impact on employee engagement. So by promoting a culture of inclusion, safety, and courage, leaders are safeguarding employee wellbeing and investing in organisational success.
If you would like to learn more about the Positive Duty or speak with experienced human resources consultants, get in touch with deliberatepractice on 1300 deliberate or via the Contact Us page.
