Positive Duty Legislation: What Australian Businesses Need to Know

As I get ready to deliver sexual harassment training today, I’ve been thinking about how much the landscape has changed with Australia’s new Positive Duty laws.

Since December 2023, every employer — from sole traders to large organisations — must take proactive, ongoing steps to prevent sexual harassment, sex-based harassment, discrimination and hostile work environments.
The era of “we’ll deal with it if someone complains” is over.
Positive Duty is about identifying risks early and stopping harm before it occurs.

The Australian Human Rights Commission now has the power to investigate businesses at any time, and the question they’ll ask is simple:
Can you prove you’ve taken reasonable and proportionate action?

That means demonstrating progress across seven areas: leadership, culture, knowledge, risk management, support, reporting and monitoring.

Positive Duty is a legal obligation, and it requires systems, evidence and consistency — not good intentions. an opportunity to build a workplace where people feel safe, respected and supported. And that benefits culture, performance and reputation.

If your organisation hasn’t yet taken steps to meet its obligations, this is the moment to start — not when issues surface.

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