Understanding the Positive Duty Under the Sex Discrimination Act 1984: A Shift Towards Prevention

Introduction

Most recently, the conversation around workplace discrimination has evolved significantly, particularly with the introduction of the Positive Duty under the Sex Discrimination Act 1984 (Cth).

This statutory obligation represents a fundamental shift in how Australian organisations and employers approach issues of sex discrimination and harassment in the workplace.

Rather than merely responding to incidents after they occur, businesses are now mandated to take proactive measures to prevent discrimination and harm before they happen.

Firstly, what is a Positive Duty?

A ‘Positive Duty’ refers to an obligation to take specific actions to promote a desired outcome or to fulfill a responsibility, rather than simply refraining from harmful actions.

In the context of the Commonwealth Sex Discrimination Act, it means that individuals or organisations must actively ensure the welfare and rights of others, rather than just avoiding wrongdoing.

At its core, the Positive Duty requires that all ‘persons conducting a business or undertaking’ and employers in Australia, regardless of size or resources must implement reasonable and proportionate measures to eliminate unlawful conduct related to sexual harassment and or discrimination  in the workplace.

Who Does This Apply To?

The scope of the positive duty is broad. It applies to all organisations, including:

• Sole traders
• Self-employed individuals
• Small, medium, and large businesses
• Government entities
• Volunteer organisations
• Elected local authority members
• Strata title companies

This comprehensive applicability underscores the critical nature of fostering a workplace free from discrimination and harassment. Essentially, if you are engaged in a business or undertaking, you are required to comply with this law.

Taking Action

So, what can organisations do to meet their obligations under the Positive Duty? Here are a few actionable steps that Centium can assist your organisation with, to address the Positive Duty:

1. Conduct Risk Assessments: Regularly evaluate your workplace for potential risks related to sex discrimination and harassment. Centium can provide expert guidance and tools to identify vulnerabilities and recommend targeted improvements.
2. Develop Policies: Create and implement clear policies addressing discrimination and harassment. Centium offers consulting services to help you draft comprehensive policies that are tailored to your organisation's unique needs, ensuring they are accessible and effective for all employees.
3. Provide Training: Offer training sessions on respectful workplace behaviour, focusing on preventing discrimination and harassment. Centium specialises in customised training programs that engage your workforce and address specific challenges within your organisation.
4. Encourage Open Communication: Foster an environment where employees feel comfortable discussing concerns and reporting incidents without fear of retaliation. Centium can assist in establishing confidential reporting channels and best practices to promote transparency and trust within your teams.
5. Monitor and Review: Continuously assess the effectiveness of your strategies and make adjustments as needed. Centium can help you implement ongoing evaluation processes, including regular feedback mechanisms, to ensure your initiatives are making a real impact.

Conclusion

The introduction of the Positive Duty under the Sex Discrimination Act 1984 marks a significant milestone in the ongoing fight against workplace discrimination and harassment in Australia.

By shifting the focus from reactive to proactive measures, organisations can create safer, more inclusive workplaces that benefit everyone.

Compliance is not just about meeting legal obligations; it’s about fostering a culture where every employee feels valued and respected. As we move forward, let’s embrace this change and commit to preventing discrimination in all its forms, with Centium by your side to guide and support you every step of the way.