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Adopting a Risk Management Approach for the Positive Duty under the Sex Discrimination Act 1984

Topic: Workplace Relations

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Updated 19 Mar 2024Print this page
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.

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