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?
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.
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:
💡 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.
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.
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:
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.
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.
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