The landscape of workplace rights and protections in Australia has evolved significantly. Most recently, the Australian Human Rights Commission (AHRC) has unveiled a set of guidelines meant to empower employers in their fight against sexual harassment and discrimination. This effort stems from a broader commitment known as the “positive duty.”
What is the “Positive Duty”?
Introduced in December 2022 as an amendment to the Sex Discrimination Act 1984 (Cth), the concept of “positive duty” signifies the obligation of Persons Conducting a Business or Undertaking (PCBU) to proactively prevent and tackle harassment and discrimination in their workplace.
Interestingly, the guidelines are sculpted around the Work Health and Safety (WHS) framework, signalling that the responsibility, and potential legal repercussions, may extend to individuals at executive or directorial levels.
7 Key Standards for Employer Compliance
To be fully compliant with their “positive duty,” employers should align with seven critical standards. Here’s a quick overview:
- Leadership: Senior executives should:
- Understand their obligations under the Act.
- Establish and monitor effective systems to combat discrimination and harassment.
- Lead by example and ensure all staff are aware and compliant.
- Culture: Create a workplace that values respect, safety, diversity, and gender inclusivity. Employees should feel safe reporting any incidents without fear of retaliation.
- Knowledge: Develop clear policies that define and denounce harassment or discrimination. Ensure that every employee, regardless of their position, is aware of these standards.
- Risk Management: Adopt a WHS-oriented approach for assessing and mitigating risks related to harassment and discrimination.
- Support: Prioritise the welfare of harassment and discrimination victims by providing them with accessible, confidential, and comprehensive support services.
- Reporting and Response: Implement transparent and efficient systems for reporting any incident. Ensure a fair, impartial, and swift response, with appropriate consequences for violators.
- Monitoring, Evaluation, and Transparency: Regularly collect and assess data to gauge the extent of workplace discrimination and harassment. Continuously refine risk-management practices based on these insights.
Record-Keeping: A Necessary Best Practice
Much like the WHS guidelines, maintaining precise records regarding these standards is crucial. This not only ensures compliance but also prepares employers should any legal challenges arise. However, the primary aim should always be creating a workplace environment that is devoid of any discrimination or harassment, thereby eliminating the possibility of any unfavourable circumstances.
In conclusion, the AHRC’s new guidelines offer a clear roadmap for employers. By understanding and implementing these seven standards, employers can not only foster a healthier work environment but also safeguard their organisations from potential legal pitfalls.
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