Respect@Work – Changes to the Sex Discrimination Act for Employers

New Positive Duty on Employers to Prevent Workplace Sexual Harassment, Sex Discrimination, and Victimisation

Sexual harassment remains an unacceptably common occurrence in Australian workplaces, with one in three workers reporting experiences of workplace sexual harassment in the last five years, as revealed by the National Survey on Sexual Harassment in Australian Workplaces.

Since December 2022, employers and persons conducting a business or undertaking (PCBUs) have had a positive duty to prevent workplace sexual harassment, sex discrimination, and victimisation.

The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 amended the Sex Discrimination Act 1984, introducing a positive duty on employers and PCBUs to eliminate, as far as possible, the following unlawful behavior:

• Discrimination on the grounds of sex in a work context
• Sexual harassment in connection with work
• Sex-based harassment in connection with work
• Conduct creating a workplace environment that is hostile on the grounds of sex
• Related acts of victimisation

This significant shift demands that organisations and businesses actively prioritise the prevention of workplace sexual harassment, sex discrimination, and other relevant unlawful conduct, rather than merely reacting after it occurs.

Regardless of size or resources, all Australian organisations and businesses covered by the Sex Discrimination Act must adhere to this duty, encompassing sole traders, the self-employed, small, medium, and large businesses, as well as government entities.

Guidelines for Complying with the Positive Duty:

The Australian Human Rights Commission has developed these Guidelines to help Australian employers and business owners understand their responsibilities and the changes they may need to make to meet new legal obligations"

Guidelines for Complying with the Positive Duty (PDF)

Effective from December 12, 2023, the Commission will have the authority to enforce compliance with the positive duty, using these guidelines to assess adherence.