Recent changes to the Sex Discrimination Act 1984 mean that employers, PCBUs and duty holders must take preventative action to foster safe, respectful and inclusive workplaces.
The Sex Discrimination Act 1984 (Cth) introduces a positive duty legal obligation on persons conducting a business or undertaking (PCBUs), employers and duty holders to take ‘reasonable and proportionate measures’ to eliminate the following behaviours as far as possible:
- 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
These are referred to as ‘relevant unlawful conduct’ or ‘unlawful behaviours’ in related factsheets on the positive duty.
The positive duty obligations require organisations to assess and put in place measures to eliminate relevant unlawful in the workplace and/or in connection with work as far as possible – as well as having effective response measures for addressing such conduct once it has occurred. The positive duty shifts the burden from the individual to employers and organisations to take action to prevent unlawful behaviours from occurring in the first place, rather than adopting a reactionary approach after it has happened.
The development and implementation of such measures should occur in consultation with employees and their union. These legislative obligations are in addition to duties held by employers and PCBUs under Work Health and Safety Act 2011.
Get the facts
Download our Positive Duty to Prevent Workplace Sexual Harassment fact sheet for more information of your rights and responsibilities.
CPSU members also have access to our member-only resources, including:
- Positive duty to prevent workplace sexual harassment
- Unlawful conduct covered by positive duty
- Understanding risks and risk assessment of unlawful conduct covered by the positive duty
- Developing a model policy for the prevention of workplace sexual harassment and related unlawful conduct
- Developing good practice training for the prevention of workplace sexual harassment and related unlawful conduct
- Preventing and addressing unlawful conduct covered by the positive duty: A guide for union representatives