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