Positive duty for employers: Commission’s powers commence

Today, the Australian Human Rights Commission (AHRC) implements pivotal changes to workplace obligations, guiding a new era of accountability and cultural transformation for organisations and businesses across Australia.

“Leaders of organisations and businesses play a crucial role in setting an example in preventing unlawful conduct and fostering a culture of respect and inclusiveness”, says Sex Discrimination Commissioner Dr Anna Cody.

“This is an opportunity for Australian workplaces to become what they should be – safe, inclusive, gender-equal, respectful and free from sexual harassment and sex discrimination.”

As of today, the Commission has new regulatory powers to ensure Australian workplaces, organisations and businesses meet the positive duty requirements.

“Organisations and businesses are now required to focus on actively preventing unlawful conduct connected to work, rather than responding only after it happens,” says Dr Cody.

“The Australian Human Rights Commission will have the authority to ensure and inquire into a duty holder's compliance with the positive duty.”

“The purpose of the positive duty is the creation of safer, more inclusive and respectful workplaces throughout Australia.

By ensuring compliance with the positive duty obligations, the Commission, alongside Australian organisations and businesses, is taking significant strides towards fostering meaningful cultural change,” says Dr Cody.

The Commission has published a Compliance and Enforcement Policy, offering guidance on how it will exercise its regulatory functions and outlining how the Commission will support duty holders and provide the necessary information crucial for compliance.

Acccess further information on the Commission’s positive duty resources and information services.