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RESPECT@WORK

Understanding Respect@Work: Your Positive Duty Obligations

Workplace culture is no longer just a human resources objective: it is a strict legal requirement.

Under federal legislation, Australian employers and persons conducting a business or undertaking (PCBUs) are legally required to take proactive measures to eliminate, as far as possible, workplace sexual harassment, sex discrimination, sex-based harassment, and hostile work environments on the ground of sex, and related victimisation.

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The Respect@Work framework represents a major shift in employment law.

Historically, businesses reacted only when someone made a complaint.

Today, the law enforces a Positive Duty, meaning employers must actively prevent harmful behaviours before they happen.

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The Cost of Non-Compliance

Failing to meet these expectations allows the Australian Human Rights Commission (AHRC) to:

  • Investigate your business
  • Issue compliance notices
  • Pursue legal remedies

You must take "reasonable and proportionate measures" based on the size, nature and resources of your organisation.

The AHRC also expects organisations to apply these standards using a person-centred, trauma-informed, intersectional and gender-equal approach.

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What Must Be Eliminated?

The Respect@Work laws explicitly require businesses to prevent and eliminate five specific categories of unlawful conduct:

  • Workplace Sexual Harassment: Any unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated.
  • Sex Discrimination: Treating someone less favourably because of their sex, gender, or marital status.
  • Sex-Based Harassment: Unwelcome conduct targeted at someone simply because of their sex (even if the behaviour is not explicitly sexual).
  • Hostile Work Environments: Conduct that creates a workplace environment that is intimidating, hostile, humiliating or offensive on the ground of sex. This can include tolerating sexual jokes, crude materials, gender-based put-downs or other behaviour that contributes to an unsafe or exclusionary workplace culture.
  • Victimisation: Subjecting a person to detriment because they made, supported, or intended to make a complaint under discrimination law.

The 7 Standards for Meeting Your Positive Duty.

To evaluate whether a business is doing enough to satisfy its Positive Duty, the AHRC uses 7 interconnected standards as its framework for assessing whether organisations are meeting their Positive Duty obligations.

Your business should be able to demonstrate active processes in each of these areas:

Leadership

Board members, business owners, and senior executives must actively understand their obligations, role-model respectful behaviour, and ensure organisational systems prevent harm.

Culture

Businesses must cultivate an inclusive workplace that actively values diversity and gender equality, ensuring that safe bystander action and early reporting are encouraged.

Knowledge

Employers must ensure workers understand behavioural expectations, reporting pathways, rights and responsibilities through appropriate communication, education and training.

Risk Management

Businesses must treat systemic inequality and sexual harassment as recognised health, safety, and operational risks. You must systematically identify, assess, and control these specific risks.

Support

When an incident or report occurs, the business must provide immediate access to confidential, trauma-informed, and person-centred support services, regardless of whether a formal complaint is pursued.

Reporting and Response

Your organisation must provide clear, trusted, and highly accessible paths for reporting misconduct. All responses must prioritise the victim’s well-being and enforce timely, fair, and clear accountability.

Monitoring, Evaluation and Transparency

Organisations cannot rely on the absence of formal complaints as proof of safety. You must regularly collect data, audit culture trends, evaluate prevention strategies, and transparently share relevant reporting trends, insights and progress with staff and leadership.

See what you’re missing before it becomes a problem.

Take the R@W Score Risk Self-Assessment. It's free and only takes three minutes to complete.

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How We Help: Respect in Motion

Satisfying Positive Duty requires formal, intentional frameworks rather than simple policy updates. Through our Respect in Motion program, Impact Experts provides practical compliance mapping, leadership alignment workshops, and employee training aligned to the AHRC’s 7 Standards.

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Frequently Asked Questions

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Most organisations don't deliberately ignore these obligations. They simply overestimate how prepared they are.

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