2023 has ushered in significant changes in the Industrial Relations and Human Resource spaces, creating an overwhelming environment.

To help you stay updated, we are breaking down our HR Alerts into 3 focused parts, delivered weekly:

1. Australian Human Rights Commission (AHRC) – New enforcement and Investigative powers.
   Starting from 12 December 2023, the AHRC is set to gain more power to enforce positive duty requirements against workplace sexual harassment, aiming to create safer work environments.
2. 6 Common Psychosocial Hazards.
   Stay tuned for our next alert, where we’ll dive into identifying and addressing 6 common psychosocial hazards. Access our free template and resources in our next HR Alert!
3. Closing Loopholes Bill – Changes for 2024.
   On our next HR Alert, our HR experts will be sharing insights into the proposed changes, focusing on the “Closing Loopholes Bill.”

 

GUIDELINES FOR POSITIVE DUTY TO ELIMINATE SEXUAL HARASSMENT

 

Starting on December 12, 2023, the Australian Human Rights Commission (AHRC) will gain enhanced enforcement and investigative powers, enabling them to scrutinize employers/PCBUs suspected of not complying with the positive duty requirements outlined in the Sex Discrimination Act.

As a result of this coming into effect, the AHRC has recently published its guidelines and information on how employers can satisfy their obligations. Additionally, they set out 7 expectations Your Business needs to meet to ensure compliance with the Positive Duty under the Sex Discrimination Act 1984 (Cth).

 

What you need to know:

 

• Senior Leaders: Should understand positive duty, establish, update, and communicate measures, and set the standard as role models for acceptable behaviour.
• Employers/PCBUs: Create a safe, inclusive workplace culture, promote and mandate reporting of unlawful behaviour to mitigate legal, reputational, and financial risks.
• Policy: Develop a concise document for respectful behaviour, educating staff on conduct standards, recognising unlawful behaviour, consequences, and workplace rights and responsibilities.
• Consult: Engage stakeholders to assess sexual harassment risks, adopting a risk-based approach for prevention and response.
• Work Health and Safety: Comply with legislation by eliminating or minimising psychosocial hazards like sexual harassment.
• Support: Offer accessible support to employees who experience or witness unlawful workplace behaviour, even without reporting.
• Ensure Reporting Options: Communicate reporting methods, respond consistently, and promptly to minimize harm to victims.
• Data: Collect relevant data on unlawful behaviour in workplaces.

 

If you want to know what your obligations are to meet the positive duty requirements, click here.