The Positive Duty: Why SMEs Can’t Afford to Ignore New Guidelines on Sexual Harassment Prevention

Sally Dillon • October 30, 2024

Introduction

The concept of a Positive Duty isn’t just another HR buzzword—it’s a legal mandate that could cost businesses big if not taken seriously. For small and medium businesses (SMEs), this is a game-changer. The Australian Human Rights Commission (AHRC) has made it crystal clear: prevention of sexual harassment is now your legal responsibility—and there’s nowhere to hide.


The Positive Duty requires employers, regardless of size, to actively identify and eliminate risks of sexual harassment and discrimination. It’s no longer enough to respond to complaints; businesses must demonstrate they’re taking every possible step to prevent unlawful behaviour from happening in the first place.


But what does this actually mean for SMEs? And how do you ensure you’re compliant?


What is Positive Duty?


Introduced in December 2022, the Positive Duty makes all businesses and Persons Conducting a Business or Undertaking (PCBUs) responsible for eliminating sexual harassment and discrimination at the source. Unlike traditional approaches that focus on responding to incidents after they occur, this duty requires proactive risk management.

As of December 2023, the AHRC has been granted enforcement powers, allowing them to investigate businesses that fail to meet their obligations. For SMEs, this means you must ensure every reasonable and proportionate measure is in place to prevent unlawful conduct—or face the legal and financial consequences.



The 7 Standards of Positive Duty: What You Need to Do


To help businesses navigate this new landscape, the AHRC has released guidelines based on seven key standards. These aren’t just suggestions; they form an ‘end-to-end’ framework for creating a safe and inclusive workplace. Here’s what you need to know:

  1. Leadership: It Starts at the Top: Senior leaders must understand their obligations under the Positive Duty and be the drivers of change. This includes setting clear standards for behaviour and ensuring measures are in place, regularly updated, and communicated across the organisation.
    💡 Takeaway for SMEs
    : Leadership isn’t about delegation— it’s about ownership. If your leaders aren’t engaged in fostering a safe and inclusive workplace, you’re already behind.

  2. Culture: More Than a Buzzword: Building a culture of respect and inclusivity isn’t optional. Employees should feel safe and empowered to report unlawful behaviour without fear of retaliation.
    💡
    Takeaway for SMEs: Promote a speak-up culture where staff are encouraged to report concerns. A strong culture can stop problems before they escalate into legal issues.

  3. Knowledge: Train, Train, and Then Train Again: All employees need ongoing education about what constitutes harassment and discrimination, and what their rights and responsibilities are.
    💡 Takeaway for SMEs
    : Training is essential, but it must be meaningful. Tick-the-box sessions won’t cut it anymore—your employees need to be engaged and informed.

  4. Risk Management: Treat Harassment Like a WHS Risk: Just as you manage physical hazards, you now need to manage psychosocial risks, including sexual harassment. This means conducting regular assessments and putting practical measures in place to prevent incidents.
    💡 Takeaway for SMEs
    : Review your workplace regularly and consult with staff to identify risks. Prevention is cheaper than litigation, and it’s the law.

  5. Support: Make Help Accessible: Workers who experience or witness unlawful behaviour must be supported, whether they report it or not. This includes having easily accessible resources and offering help without requiring a formal complaint.
    💡 Takeaway for SMEs
    : Build an environment where employees feel safe asking for help. Offering support before things escalate is key to compliance and employee wellbeing.

  6. Reporting and Response: Consistency is Key: Employers must provide clear, simple ways to report unlawful behaviour and respond promptly. A consistent and transparent process helps reduce harm to victims and ensures the business stays compliant.
    💡 Takeaway for SMEs
    : Make reporting easy and ensure every complaint is taken seriously. Consistent handling of cases builds trust and reduces the risk of further issues.

  7. Monitoring, Evaluation & Transparency: Measure, Adjust, Repeat: Data on workplace behaviour is crucial. By monitoring incidents and responses, businesses can adjust their strategies and improve their culture over time.

💡 Takeaway for SMEs: Transparency is vital. Regularly review your practices and share your progress with employees. Show them you’re committed to creating a safe workplace.


What Happens if You Don’t Comply?

Failure to meet these guidelines can lead to investigations by the AHRC and potential legal action. The AHRC now has the power to investigate businesses suspected of non-compliance, even without a formal complaint. For SMEs, this can be devastating—not only financially but reputationally.



The bottom line: ignoring the Positive Duty is not an option. As an SME, you need to be proactive in managing risks, supporting employees, and creating a culture that doesn’t just prevent harassment—it promotes respect, equality, and safety.


Immediate Steps to Get Compliant

If you’re feeling overwhelmed by the new guidelines, you’re not alone. But getting compliant doesn’t have to be a mammoth task. Start with these simple steps:

  • Engage Leadership: Make sure your senior team is informed and involved. Compliance starts from the top.
  • Consult with Workers: Open up a dialogue with your employees about risks and safety in the workplace. Use this as an opportunity to promote a speak-up culture.
  • Conduct Risk Assessments: Treat harassment like any other work health and safety risk. Identify where incidents are most likely to happen and put plans in place to mitigate them.
  • Review Policies: Take a hard look at your sexual harassment and discrimination policies. Are they easy to understand? Are they accessible? Do they work in practice?
  • Training: Ensure your training programs are effective, engaging, and regular. One-off tick-the-box sessions won’t protect you in the long run.
  • Evaluate and Adjust: Don’t set and forget. Continuously monitor your workplace culture, employee feedback, and incident reports to ensure you’re always improving.


Final Thoughts


SMEs can’t afford to ignore the Positive Duty. This is about more than just ticking a compliance box—it’s about creating a better, safer workplace for everyone. By following these steps, you not only protect your business from legal risks, but you also foster a culture of trust, respect, and equality that will benefit your business in the long run.

If you're unsure where to start or want to ensure you're on the right track, let's connect. My team and I can help you navigate these changes and build a compliance strategy that works for your business.


Need more help?

If you're unsure where to start or want to ensure you're on the right track, reach out to us to explore how our tailored people solutions can help you navigate these changes and build a compliance strategy that works for your business.

  • Click here to book a FREE 15 minute consultation to discuss your HR/WHS challenges.
  • Click here to book a Business Health Check to review your policies, procedures and frameworks.
  • Click here to join our mailing list to get more tips, advice and updates on all things HR, WHS and Leadership.
By Sally Dillon 04 Oct, 2024
Introduction
By Sally Dillon 18 Sep, 2024
Introduction
By Sally Dillon 04 Jul, 2024
Is The Monkey Still Relevant? In the world of modern management, the concept of "Management Time: Who’s Got the Monkey?" by William Oncken Jr. and Donald L. Wass still resonates deeply. Originally published in 1974 and revisited multiple times, this seminal article sheds light on a perennial issue: managers overwhelmed by tasks while subordinates seem to have ample time and energy. Understanding Management Time Today Managers today face a quartet of time demands: Boss-imposed time: Tasks directly mandated by superiors, non-negotiable and swiftly penalised if neglected. System-imposed time: Requests from peers for support, vital for organisational harmony and efficiency. Self-imposed time: Initiatives and tasks originating from the manager themselves, including tasks delegated by subordinates. Team member-imposed time: Requests, questions, or tasks initiated by team members that require the manager's attention or input. The challenge lies in balancing these demands to maximise discretionary time—time not governed by external pressures and crucial for strategic decision-making. The Monkey Metaphor in Today’s Workplace Imagine a manager walking down the hallway, stopped by a subordinate with an urgent issue. Initially, the problem is the subordinate's ("the monkey is on their back"). However, as the manager engages without immediately resolving, the monkey leaps to the manager's back. This shift represents how subordinates can inadvertently burden managers with their tasks and decisions. Practical Leadership Takeaways Empowerment through Initiative: Managers should foster a culture where subordinates take initiative and responsibility. This not only lightens the manager’s load but also enhances team autonomy and morale. Clear Communication: Setting clear boundaries and expectations prevents monkeys from leaping onto the manager's back. Discussions should clarify who owns the next steps and when they should be completed. Time Management: Effective time management is not just about personal efficiency but about strategically using discretionary time to focus on high-impact tasks and strategic priorities. Implementing Modern Strategies Today's managers must proactively manage their time and responsibilities: Appointment-Based Support: Engage with subordinates by appointment rather than ad-hoc interruptions to manage tasks effectively. Documentation and Follow-Up: Use technology and structured communication tools to document tasks and progress, ensuring clarity and accountability without burdening the manager. Training and Empowerment: Invest in training programs that empower subordinates to handle tasks independently and make informed decisions. Conclusion The timeless lesson from "Management Time: Who’s Got the Monkey?" remains clear: managers must reclaim control over their time by preventing subordinate tasks from becoming their own. By fostering initiative, setting clear boundaries, and leveraging technology, modern leaders can achieve greater efficiency and effectiveness in their roles. This approach not only reduces stress but also enhances organisational productivity and employee satisfaction—a win-win for managers navigating today’s complex business environments. You can read the original HBR Article here. Further Enhance Your Leadership Skills If you find yourself grappling with the challenges of balancing managerial responsibilities and empowering your team effectively, consider exploring our Leadership Dynamics Program at Revolution Consulting Group. Designed to equip leaders with modern strategies and practical tools, our program focuses on fostering a culture of accountability, enhancing team dynamics, and maximising leadership potential. Whether you're looking to refine your leadership approach or empower your team to take on greater responsibilities, our tailored coaching and training solutions can support your journey towards becoming a more effective and influential leader. Click here to book an free Triage Call to find out about how our 12 week Leadership Dynamics Program can benefit you. Click here to join our mailing list to get more tips, advice and updates on all things HR and Leadership.
DISC Profiling
By Sally Dillon 27 Mar, 2024
Discover the transformative power of DISC profiling in this essential guide for business leaders and aspiring managers. Dive into the benefits and implementation strategies to elevate your team dynamics today.
By Sally Dillon 26 Mar, 2024
Maximise Your Business Success With A Comprehensive HR Health Check
More Posts

READY TO GET THINGS DONE?

Revolution Consulting Group is your Dedicated HR Partner

Share by: