How can you ensure compliance with the new 'positive duty' obligations around sexual harassment and sex-based harassment?
In response to the continual rise of sexual harassment as a 'hot topic' issue in Australian workplaces, and as part of the ongoing response to the Sex Discrimination Commissioners Respect@Work Report, the Federal Government changed the law in late 2022 which imposed a new 'positive duty' on all employers. This requires all employers to take reasonable steps to eliminate sexual harassment and other unlawful behaviour from occurring in the workplace.
There is no exemption under this law, no matter the size of the business, if reasonable steps are not taken to eliminate sexual harassment and sex-based harassment in the workplace, the employer could be held liable and face considerable financial and reputational damage to the business.
Some of the recent legislative changes are already in effect, however further changes including new avenues for employees to pursue claims and the Human Rights Commissions powers to enforce the new ‘positive duty’ on employers will take effect from 12 December 2023.
ACCPA has partnered with Australian Business Lawyers & Advisors (ABLA) to support members with undertaking a business health check, identify risk areas and put in place preventative measures that will reduce the risk of sexual harassment and sex-based harassment in your workplace.
