Positive Duty demands change in sexual harassment response
The Australian Human Rights Commission will have new powers from 12 December 2023 to investigate and enforce an employer’s positive duty under the Sex Discrimination Act 1985. Positive duty, introduced in December 2022, was a key recommendation of the Commission’s Respect@Work Report, led by former Sex Discrimination Commissioner Kate Jenkins AO and published in March 2020. It imposes a legal obligation on organisations and businesses to take proactive and meaningful action to prevent certain unlawful conduct from occurring and to create safe, respectful and inclusive workplaces for everyone. Trauma Informed Practice Training (TIPT) founder Tanya Hallett says that while individual states offer objective tools and resources for addressing sexual harassment and assault in the mining industry, more needs to be…