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Positive Duty under the Sex Discrimination Act

The positive duty, introduced in December 2022, shifts the legal responsibility from workers reporting misconduct to organisations proactively preventing unlawful conduct.

This duty reflects recommendations from the Respect@Work National Inquiry, which found reactive approaches insufficient and workplace sexual harassment widespread.

This is a significant change to your legal obligations, and you need to take action if you haven’t already. Whether you’re a sole trader, self-employed, small, medium or large business – you must meet your positive duty obligations, or you open your business to financial and reputational risk.

It requires eliminating, “as far as possible,” the following behaviours:

  • discrimination on the grounds of sex in a work context
  • sexual harassment in connection with work (including from customers or suppliers)
  • sex-based harassment in connection with work
  • conduct creating a workplace environment that is hostile on the grounds of sex
  • related acts of victimisation

NTHA is committed to helping members understand their legal obligations and has partnered with Australian Business Lawyers & Advisors (ABLA) to provide an educational series to assist you. ABLA developed a toolkit that is designed specifically for a business to follow that provides all the instructions, tools and templates that you need to demonstrate your ‘positive duty’.

Members of NTHA receive a 10% discount on the Positive Duty toolkit.

Stay up-to-date

NTHA are providing members with email communications that will take you through the steps to follow to demonstrate that your business has taken ‘all reasonable and proportionate steps’ to eliminate this unlawful behaviour from the workplace.
We will cover:

  • Education on what positive duty is and why you need to take action
  • Creating awareness and managing risk in your business
  • Handling reports/disclosures and making a plan
  • Access to Positive Duty Toolkit to use in your business

Keen to get started now? Head to the ABLA website to watch a video or read more.

Or, if you’re not already a member of NTHA, stay on top of important legislation matters that impact your business by joining up today.