The Australian Human Rights Commission (AHRC) has released guidance material to assist organisations and businesses of all sizes meet their positive duty obligations under the Sex Discrimination Act 1984 (Cth).

Elevate Founder Prabha Nandagopal led the development of the guidance material and established the Australian Human Rights Commissions compliance and enforcement team. Prabha Gulati led the intersectional work on the guidance material ensuring that the publications reflect the cultural diversity of Australian workplaces.

The positive duty provides that an employer or person conducting a business or undertaking (PCBU) must take reasonable and proportionate measures to eliminate as far as possible sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments and victimisation (relevant unlawful conduct). The positive duty will shift the burden away from individuals making complaints, instead putting the onus on employers to prioritise early intervention and prevention.

Guidance material

There are four publications that have been developed to assist businesses of all sizes and resources.

• Guidelines for Complying with the Positive Duty

The Guidelines are the AHRC’s most comprehensive resource about the positive duty. Issued in accordance with s 35A of the Australian Human Rights Commission Act 1986 (Cth), they are intended to help organisations understand their positive duty; the standards that they are expected to meet; and the actions that they can take to assist them to satisfy their legal obligations.

The Guidelines will be used by the AHRC in assessing compliance with the positive duty when its enforcement functions commence in December 2023. While the Guidelines are not legally binding, they are authoritative and may be considered by a Court when assessing compliance with the positive duty.

• Information Guide on the Positive Duty

The Information Guide is a companion to the Guidelines; it covers the types of unlawful conduct covered by the positive duty, when and where it may occur, risks and drivers, who is at risk and impacts.

• A Quick Guide for Complying with the Positive Duty

The Quick Guide is a summary of the Guidelines and the Information Guide. It is designed to provide organisations a snapshot of the positive duty, unlawful conduct that is covered and how to satisfy their obligations.

• A Resource for Small Business on the Positive Duty

The Resource for Small Business is designed to promote understanding in the small business community about the new positive duty. This resource includes a brief outline of the positive duty, who it applies to and who it covers. It outlines the steps small businesses can take to satisfy their obligations and provides practical case studies to help small businesses understand the positive duty and take action.