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 Member resource discusses:
This resource is part of a suite of materials intended to support members in addressing their obligations in respect of the positive duty under the SD Act. The materials are summarised in the Toolkit – Complying with the positive duty under the SD Act.
Members may have additional and different obligations under other laws, including anti-discrimination legislation in other States or Territories, industrial legislation and work health and safety legislation which may require members to take further and/or different actions to ensure those obligations are also addressed.
To determine how they can comply with the positive duty and other laws, 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.
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