Positive duty regarding sexual harassment

Under the Sex Discrimination Act 1984 (Cth), employers now have a positive duty to take “reasonable and proportionate measures” to eliminate sexual harassment in the workplace. Otherwise you may be held liable for any sexual harassment committed by an employee.

From 12 December 2023, the Australian Human Rights Commission (Commission) now has the authority to enforce compliance with the positive duty and may issue compliance notices to employers. 

When determining if the positive duty obligation has been met, the Commission will consider factors such as the number of employees of the business, the nature of the industry of the business, the operation of the business and any other relevant matters.

Action

Ensure sexual harassment policy up to date and provide mandatory sexual harassment training (minimum annually) to assist in showing how you have complied with the positive duty obligation. Take any complaints seriously.