From 12 December 2023, the Australian Human Rights Commission will have the power to enforce compliance with “positive duty”.
On 28 November 2022, the Anti-Discrimination and Human Rights Legislation (Respect at Work) Bill passed Parliament. A key amendment was the introduction of a positive duty on organisations and businesses to prevent workplace sexual harassment, sex-based harassment, sex discrimination, hostile work environments and victimisation. The positive duty requires organisations and businesses to take reasonable and proportionate measures to eliminate these forms of unlawful conduct, as far as possible.
The Commission has released Guidelines which will be used by the Commission to assess workplace compliance. The Guidelines include practical examples and applications of how organisations can meet each of the new Standards.