On 12 December 2023, the Australian Human Rights Commission's new powers to ensure compliance with and enforcement of the 'positive duty' in the Sex Discrimination Act 1984 (Cth) commenced.

The positive duty requires employers and PCBUs to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, behaviours that create a hostile workplace environment on the ground of sex and related acts of victimisation occurring in a work context or in connection with work.

However, the positive duty under the Sex Discrimination Act also operates at the same time as the separate (and co-existing) duty of PCBUs and other duty holders to take proactive action to prevent the risk of harm to workers from psychosocial hazards in the workplace under work health and safety laws. Unlawful conduct for the purposes of the positive duty under the Sex Discrimination Act will usually be a psychosocial hazard under work health and safety laws.

These two separate positive duties, which operate at the same time, require a collaborative approach from Human Resources and WHS professionals.

This webinar – Part 2 of a two-part series – assists Ai Group members to understand and comply with the positive duty.

Part 2:

• The positive duty under the Sex Discrimination Act 1984 (Cth)
• Navigating the positive duty:
  • The interaction between Respect@Work and WHS Regulations
  • The importance of HR and WHS collaboration
• How your organisation can implement appropriate actions and demonstrate compliance with the Sex Discrimination Act, focusing on four of the seven standards:
  • Risk Assessment and Transparency
  • Support
  • Reporting
  • Measuring

Presenters:

Joanna Knoth, Special Counsel, Ai Group Workplace Lawyers; Principal Adviser, Ai Group

Trinette Jaeschke, National Manager WHS & Workers' Compensation Services, Ai Group