Positive Duty To Prevent Sexual Harassment
Since December 2023 national laws oblige all employers to take positive steps to eliminate, as far as possible, sex based discrimination and harassment, sexual harassment and conduct creating a hostile work environment on the grounds of sex.
The laws empower the Australian Human Rights Commission (AHRC) to investigate and enforce breaches of these obligations. It isn’t good enough for an employer to only respond to complaints – they must take steps to eliminate the conduct in the first place.
The AHRC has launched a suite of resources including fact sheets, animations, webpages and posters which can be used in retail and fast food workplaces. If your employer is not taking positive steps, you can report them to the AHRC and get RAFFWU involved.
You can report an employer’s failure to meet the positive duty to the AHRC here: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act/compliance-enforcement
Resources:
AHRC Positive Duty resources can be found here: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act
Resources suitable for workers include:
- Positive Duty Form: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act/compliance-enforcement
- Animations:
- What is the Positive Duty? https://youtu.be/L2O-jYIbOzo
- Positive Duty and Reporting to the AHRC: https://youtu.be/b4vFdpZ7wL4
- Positive Duty: Customers, Clients and Contractors: https://youtu.be/sS0CS3bZjnQ
- Factsheet for workers: https://humanrights.gov.au/sites/default/files/2024-10/Factsheet-for-workers.pdf
- Factsheet on Seeking support – Counselling and support services: https://humanrights.gov.au/sites/default/files/factsheet_-_seeking_support_-_counselling_and_support_services_0_0_0.pdf
Posters:
- Posters: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act/factsheets-other-resources
- In particular, poster for customer and client facing organisations and businesses: https://humanrights.gov.au/sites/default/files/2023-12/positive_duty_poster_third_party_short_print.pdf
Resources suitable for duty holders include those above and:
- AHRC guidance materials: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act/guidance-materials
- In particular, A Resource for Small Business provides a brief overview of the positive duty, and how duty holders can satisfy it: https://humanrights.gov.au/sites/default/files/2023-08/resource_for_small_business_on_the_positive_duty_2023.pdf
- AHRC Factsheets: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act/factsheets-other-resources
- In particular, Steps to meet the positive duty: https://humanrights.gov.au/sites/default/files/2310_fs_steps_to_meet_the_positive_duty_v2_0.pdf
- AHRC Mini eLearning courses: https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act/education
