Under Australian law, employers are now required to take proactive steps to prevent workplace sexual harassment.
Training for both employees and leaders
A complete
‘Seven Standards’ action framework
Monthly support
Ongoing statutory compliance
We offer an all-in-one solution:
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Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
What Is The Positive Duty Legislation?
The positive duty requires employers to actively prevent and respond to sexual harassment in the workplace - not just react after incidents occur. This means taking meaningful, proactive steps through comprehensive systems, policies and cultural change.
The Law Has Changed
The duty is no longer reactive, it requires 'active' prevention.
Since December 2023, every Australian employer has a legal obligation to take proactive steps to eliminate workplace sexual harassment. This 'positive duty' was introduced through amendments to the Sex Discrimination Act 1984 (Cth).
To satisfy your business's duty, your organisation must implement and document:
Requirement
Legal Reference
Purpose
Demonstrates proactive prevention
AHRC compliance standards
Annual training & surveys
Legally aligned policy & process
Section 47C of the SDA
Clarifies expectations, response mechanisms
Enables tracking and evidence of action
Evaluation & monitoring duties
Documented risk assessments & plans
Monitoring systems & regular review
Positive duty framework
Confirms organisation is actively engaged
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
How We Help Businesses Comply With New Respect@Work Obligations
All-In-One Training Solution
Our training solutions are all-inclusive, equipped to meet all requirements from the Australian Human Rights Commission.
Non-Disruptive
Streamlined with little or no disruption to your business operations.
Training is ongoing, ensuring your current and future staff are always empowered to take action against workplace sexual harassment.
On-Going Coverage
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
Roy Solterbeck
Our company has taken proactive measures to stay ahead in preventing sexual harassment by utilising Positive Duty. By ensuring independent surveys, we are committed to creating a safe and respectful workplace. The cost-effective service we use has significantly reduced my workload and streamlined our processes. Highly recommend!
Cost effective & reduced my workload
Rapidline
Positive Duty helped to support our company through the new Respect at Work legislation. Their comprehensive program provides peace of mind that our business is protected from lawsuits, and equips our team with the knowledge and training they need to understand their rights and responsibilities regarding discrimination and harassment in the workplace.
Peace of mind our business is protected
AgForce Queensland
Their tailored approach has been invaluable in helping us navigate complex regulatory requirements with confidence. The resources they offer are clear, practical, and have made it easier for us to foster a positive and compliant workplace culture. We highly recommend Positive Duty to any business seeking expert guidance on workplace responsibilities.
Resources are clear and practical
Hear From Our Happy & Compliant Customers
Compliance With All 7 Standards Is Mandatory
Failure to comply with the Sex Discrimination Act could not only lead to substantial fines and other detrimental financial penalties, it could also cause severe reputational harm to your business and brand, affecting its value, insurance premiums, and a reduced appeal to prospective employees.
We are here to help you conduct a positive duty health check, comply with the seven standard guidelines, and put preventative measures in place to reduce risk.
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
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Leadership
Leaders actively demonstrate commitment to prevention.
Culture
Creating a workplace culture of safety and respect.
Knowledge
Ensuring awareness and understanding at all levels.
Risk Management
Regular assessments of workplace risk factors.
Support
Resources and assistance for affected individuals.
Monitoring, Evaluation & Transparency
Systems to track, assess and communicate effectiveness.
Reporting & Response
Multiple, accessible reporting channels and procedures.
7 Standards Framework
New Laws Can Be Complex Matters To Understand And Implement, We Can Offer Peace Of Mind Through:
Creating a safe and respectful workplace
Reducing your company’s vicarious liability risks
Sexual harassment prevention and response framework
Complying with statutory obligation of positive duty
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
Policy
Commitment to prevent and address sexual harassment while promoting a safe, inclusive workplace.
Prevention & Response Plan
Workplace plan to prevent, identify and respond, aligned with Positive Duty requirements.
Employee Training
Annual training for employees.
Leader Training
Annual training for line managers in their statutory obligations under the Positive Duty legislation.
Reporting
Third party certification of Positive Duty training delivered to your workforce.
Risk Assessments
Annual assessment of your business’s compliance with Positive Duty requirements, including employee survey results.
Surveys
Annual employee survey relevant to the Positive Duty requirements.
Help Desk
Help desk for your line managers (9am-5pm on business days)
Employee Support
Help desk for employees needing assistance with harassment concerns (9am-5pm on business days)
Control Measures
Creation of control measures to enable your business to stay on track to achieve its Positive Duty compliance.
Data Collection
Data collection relevant to the statutory Positive Duty requirements.
Our Service Delivery Includes:
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
Richardson v Oracle Australia
Ms Richardson alleged that she was the victim of eleven incidents of sexual harassment by a co-worker. She sought compensation for economic loss and hurt, humiliation and distress.
The Federal Court found that Ms Richardson’s employer was vicariously liable for the conduct of her co-worker. The court awarded Ms Richardson $18,000 for her pain and suffering, and loss of enjoyment of life.
However, on appeal to the Full Court of the Federal Court of Australia, the damages payable to Ms Richardson were increased to $100,000.
It is estimated that Oracle Australia’s total costs in this case exceeded $200,000 with legal and supporting costs taken into consideration.
Ms Richardson alleged that she was the victim of eleven incidents of sexual harassment by a co-worker. She sought compensation for economic loss and hurt, humiliation and distress.
The Federal Court found that Ms Richardson’s employer was vicariously liable for the conduct of her co-worker. The court awarded Ms Richardson $18,000 for her pain and suffering, and loss of enjoyment of life.
However, on appeal to the Full Court of the Federal Court of Australia, the damages payable to Ms Richardson were increased to $100,000.
It is estimated that Oracle Australia’s total costs in this case exceeded $200,000 with legal and supporting costs taken into consideration.
Yelda v Sydney Water Corporation
Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 107
In 2023, the Fair Work Commission made a significant ruling in the case of Yelda v Sydney Water, and Yelda v Vitality Works Australia Pty Ltd, awarding Ms Yelda $200,000 in damages for sexual harassment and discrimination under workplace laws.
Sydney Water launched the workplace safety campaign created by Vitality Works, featuring posters to promote spine safety. The poster displayed Ms Yelda smiling with an inappropriate slogan.
This poster was prominently displayed across multiple Sydney Water depots, including locations outside the men’s toilets and in lunchrooms.
Additionally, Ms. Yelda is pursuing further damages exceeding $1 million for unlawful termination and four years of lost income, claiming that Sydney Water’s failure to act forced her resignation.
In 2023, the Fair Work Commission made a significant ruling in the case of Yelda v Sydney Water, and Yelda v Vitality Works Australia Pty Ltd, awarding Ms Yelda $200,000 in damages for sexual harassment and discrimination under workplace laws.
Sydney Water launched the workplace safety campaign created by Vitality Works, featuring posters to promote spine safety. The poster displayed Ms Yelda smiling with an inappropriate slogan.
This poster was prominently displayed across multiple Sydney Water depots, including locations outside the men’s toilets and in lunchrooms.
Additionally, Ms. Yelda is pursuing further damages exceeding $1 million for unlawful termination and four years of lost income, claiming that Sydney Water’s failure to act forced her resignation.
Recent Case Studies
Costly real-life scenarios you want to avoid.
Oliver v Bassari
(Human Rights) [2022] VCAT 329
Ms Devorah Oliver, a beauty therapist, filed a complaint against a co-worker, Federico Catalfamo, for sexual harassment and also her office manager and employer (trading as Man Oh Man) for vicarious liability.
They were ordered to pay $150,000 in general damages as they could not show that they had sufficiently taken ‘reasonable and proportionate measures’ to prevent harassment.
This case is a perfect example of why it’s important to actively prevent workplace sexual harassment and sex discrimination through regular and meaningful processes, and the consequences for not implementing these practices.
Ms Devorah Oliver, a beauty therapist, filed a complaint against a co-worker, Federico Catalfamo, for sexual harassment and also her office manager and employer (trading as Man Oh Man) for vicarious liability.
They were ordered to pay $150,000 in general damages as they could not show that they had sufficiently taken ‘reasonable and proportionate measures’ to prevent harassment.
This case is a perfect example of why it’s important to actively prevent workplace sexual harassment and sex discrimination through regular and meaningful processes, and the consequences for not implementing these practices.
Protecting Your Staff Is Easy With Positive Duty
With our reliable and effective service, we can have your business on the way to compliance within weeks, and help you adhere to ongoing positive duty requirements.
Today
Contact us to start your positive duty compliance.
Within
a week
Positive Duty will create your training portal, and training can commence.
Following
week
Company-wide training can continue, and your prevention & response plan will be created.
2-6 months
Training, surveys and action plans are completed.
Ongoing
Ongoing control measures are implemented, such as annual training, induction training, help desks and reporting.
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
PD Essentials | From $70/mo
PD Plus | From $85/mo
PD Plus |
From $85/mo
PD Complete | From $90/mo
Features
Training & Certification
Employee training
Leader training
Certificate of completion
Prevention & Response Plan
Annual staff survey
Help desk support
Risk assessment & action plan
Compliance Is A Fraction Of The Potential Long Term Costs
Select based on features, not company size
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
Bonnie Robertson
They supported us with a comprehensive risk assessment, initial training, and a clear policy plan, which gave us actionable insights and helped us stay compliant with current legislation. The service has been easy to use and well-structured, making it simple for us to integrate into our workplace practices. Highly recommend Positive Duty.
Service has been easy to use and well-structured
Admin
We have been clients of Positive Duty for a number of years and they have been very helpful ensuring our business is compliant with HR laws and are always quick to respond to any queries we may have, which has allowed our administration staff to concentrate on other business areas knowing we have the correct HR policies & procedures in place.
Always quick to respond to any queries
Hear From Our Happy & Compliant Customers
Our Team
Richard Hurlin
Richard, the Director and Co-Founder of Positive Duty, brings a robust decade-long background in team management and compliance to the table. His journey, originating from the competitive realm of professional sports, has endowed him with a profound understanding of teamwork and forward-thinking strategies.
Ian Alcock
Ian, a Co-founder, is a seasoned professional with over 15 years of dedicated service in the HR sector. Ian’s journey in the industry has been marked by a commitment to excellence and a passion for empowering organisations to thrive. At Positive Duty, Ian’s commitment to client satisfaction and his unparalleled level of professionalism are the cornerstones of our service.
Ian, a Co-founder, is a seasoned professional with over 15 years of dedicated service in the HR sector. Ian’s journey in the industry has been marked by a commitment to excellence and a passion for empowering organisations to thrive. At Positive Duty, Ian’s commitment to client satisfaction and his unparalleled level of professionalism are the cornerstones of our service.
Colinda Farrar
Colinda, a Co-Founder of Positive Duty, brings a wealth of experience in health, safety, and quality. Having held key roles at prominent Australian and international heavy industry firms, she has excelled as a Health and Injury Management Advisor. Colinda has a proven track record of facilitating successful return to work initiatives for injured personnel and crafting impactful wellness programs to bolster employee well-being.
Colinda, a Co-Founder of Positive Duty, brings a wealth of experience in health, safety, and quality. Having held key roles at prominent Australian and international heavy industry firms, she has excelled as a Health and Injury Management Advisor. Colinda has a proven track record of facilitating successful return to work initiatives for injured personnel and crafting impactful wellness programs to bolster employee well-being.
Frequently Asked Questions
Do you provide attendance verification of staff who have been trained?
Yes. We provide you with verification of attendees and we retain this information for 7 years in the event your company is ever required to provide evidence of training your staff.
How does your service assist us to meet legislative requirements?
Our service offering involves live training for your employees and supervisors so they are clear on their responsibilities and rights relating to respectful workplaces, and are empowered to lead and advocate for a safer workplace. In conjunction with an annual survey that identifies risks to your business and the delivery of a policy that contains reasonable and proportionate recommendations for you to implement, your organisation is able to demonstrate a commitment to responding to unlawful behaviour.
What is vicarious liability?
Organisations can be held vicariously liable for certain actions of their employees. This liability means despite the organisation not committing the unlawful behaviour, it is responsible for the actions of their employees in the course of their employment, unless they can show they took steps to prevent the sexual harassment from occurring.
When could my company be held liable for acts of sexual discrimination in my workplace?
If a complaint is lodged by someone and an inquiry by the Australian Human Rights Commission is triggered, and you are unable to demonstrate you have acted to reasonably and proportionately remove and respond to sexual harassment, you and your company may be liable. Alternatively, in severe cases of unlawful conduct a victim may pursue legal action, where you may be held liable.
I own a small business and employ only a few people. Do the Positive Duty laws apply to me? Are there any exclusions?
Yes. The new laws apply to all employers, regardless of the size and nature of the business. There are no exemptions. However, the processes required to be implemented in your business will reflect the size of your business and the resources available.
Who has responsibilities under the new laws?
Organisations:
- ° Ensure, as far as is reasonably practicable, the health and safety of workers while at work (including work that occurs beyond the normal workplace and normal working hours)
- ° Take all reasonable steps to prevent bullying, workplace sexual harassment or other discriminatory conduct
- ° Not victimise (take retaliatory action against) a worker for exercising their workplace rights
Individuals:
- ° Not bully, sexually harass, or harass on the basis of sex, another person
- ° Not engage in misconduct
- ° Not cause, instruct, induce, aid or permit another person to engage in workplace bullying, sexual harassment or other discriminatory conduct
How do I immediately respond to a sexual harassment complaint?
It is important you listen actively to the victim and provide support where you can and where they agree to be provided with support. Reassure them that the conversation is confidential. Provide them with details of support services from your workplace, or free services such as 1800 Respect, Lifeline, Headspace, 13Yarn.
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In Respect@Work Compliance Training
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Ongoing measures are implemented, such as annual training, induction training, help desks and reporting.
Under Australian law, employers are now required to take proactive steps to prevent workplace sexual harassment.
Training for both employees and leaders
A complete
‘Seven Standards’ action framework
Monthly support
Ongoing statutory compliance
We offer an all-in-one solution:
is your business protected?
Industry Leaders
In Respect@Work Compliance Training
Don’t risk the fine. Talk to our team about how we can help your business get compliant today.
