Section 47C of the Sex Discrimination Act 1984 (Cth) (SD Act) requires an employer and person conducting a business or undertaking (PCBU) to take reasonable and proportionate measures to eliminate, as far as possible, relevant unlawful conduct.
This is referred to as the positive duty. The positive duty was inserted into the SD Act by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth).
The Australian Human Rights Commission (AHRC) is responsible for compliance and enforcement of the positive duty.
The AHRC has published resources on the positive duty, including the Guidelines for complying with the positive duty and Information Guide on the Positive Duty.
This Toolkit identifies the key resources members may use to inform themselves on their obligations in respect of the positive duty under the SD Act including:
To determine how they can comply with the positive duty and other laws, or for assistance regarding the contents of the SD Act or its potential implications for their organisation, Ai Group Members can contact the Workplace Advice Line on 1300 55 66 77 or workplaceadvice@aigroup.com.au.
Members who would like specific advice or support for their business around compliance with the positive duty and/or their obligations under the Respect@Work legislation, please contact Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au or contact the Workplace Advice Line on the above number. For advice and support on obligations under WHS legislation, please contact AI Group’s WHS Consulting Services on safety.services@aigroup.com.au or via our website here.
Ai Group members receive unlimited access to Ai Group Resource Centres by simply logging into our website. If you are a member and do not have log in credentials then please email us at info@aigroup.com.au
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To become a member of Ai Group and get access to Ai Group Resource Centres and countless other services to help your business. please contact us or call 1300 55 66 77. To learn more about the benefits of membership visit our Why Join page.
