Positive Duty Under Respect@Work: 7 Standards for Employers
The Respect at Work reforms introduced a positive duty requiring employers to take proactive and reasonable steps to prevent and eliminate workplace sexual harassment, sex discrimination, sex-based harassment, hostile workplace environments based on sex and victimisation.
Unlike traditional complaint-based approaches, the positive duty requires employers to take action before issues arise by identifying risks, implementing preventative measures and creating workplaces where respectful behaviour is expected and supported.
The Australian Human Rights Commission (AHRC) has identified seven standards that outline the actions employers should take to satisfy their positive duty obligations.
These standards provide a practical framework for organisations to assess their workplace culture, leadership practices, policies and response processes.
What is the positive duty under Respect@Work?
The positive duty is a legal obligation requiring employers to take reasonable and proportionate steps to prevent:
workplace sexual harassment
sex discrimination
sex-based harassment
hostile workplace environments based on sex
victimisation connected to complaints or reports of unlawful conduct
The positive duty commenced on 7 December 2022 under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022.
From December 2023, the Australian Human Rights Commission (AHRC) gained powers to assess compliance with the positive duty and take action where organisations are not meeting their obligations.
Employers are expected to take a proactive approach by considering their:
workplace culture
policies and procedures
leadership practices
employee training
complaint and response processes
risk management systems
What are the seven standards to satisfy the positive duty?
The AHRC has identified seven standards that outline the actions employers should take to meet their positive duty obligations.
These standards provide a practical framework for preventing and responding to unlawful workplace conduct.
1. Leadership
Leaders and managers play a critical role in creating safe, respectful and inclusive workplaces.
Employers should:
understand their Respect@Work obligations and maintain current knowledge of relevant unlawful conduct
ensure prevention and response measures are developed, documented, communicated and implemented
regularly review the effectiveness of these measures
demonstrate visible commitment to respectful and inclusive workplaces
model appropriate behaviour and set clear expectations
A workplace culture is shaped by what leaders prioritise, address and role model.
2. Culture
Employers should foster a workplace culture that is safe, respectful and inclusive.
This includes:
encouraging a speak-up culture where workers feel safe raising concerns
promoting respect, diversity and inclusion
addressing harmful behaviours early
ensuring inappropriate conduct is not ignored or normalised
holding people accountable for their actions
A positive workplace culture is a key part of preventing workplace harm.
3. Knowledge
Workers need to understand what respectful workplace behaviour looks like and what to do if concerns arise.
Employers should:
develop, communicate and implement policies addressing respectful behaviour and unlawful conduct
provide appropriate education and training
ensure leaders and managers understand their responsibilities
support employees to recognise and respond appropriately to inappropriate behaviour
Policies alone are not enough. Employees need to understand how workplace expectations apply in practice.
4. Risk management
The positive duty requires employers to take a risk-based approach to preventing unlawful conduct.
Employers should:
recognise unlawful conduct as both an equality risk and a workplace health and safety risk
identify factors that may contribute to workplace harm
implement appropriate prevention and control measures
regularly review workplace practices and risks
This approach aligns with broader workplace health and safety obligations relating to psychosocial hazards and psychological health.
5. Support
Employers must ensure appropriate support is available for workers who experience or witness unlawful conduct.
This includes:
informing workers about available support options
ensuring support is accessible
providing support regardless of whether a formal complaint is made
considering the needs of all people involved
Early and appropriate support can help reduce harm and improve workplace outcomes.
6. Reporting and response
Employers should provide safe and effective ways for workers to report concerns.
This includes:
providing clear reporting pathways
ensuring reports are responded to consistently and promptly
minimising harm and victimisation during the process
ensuring consequences are appropriate and proportionate
Managers should also understand how to respond appropriately when concerns are raised and when matters may require further investigation.
7. Monitoring, evaluation and transparency
Meeting the positive duty requires ongoing review and improvement.
Employers should:
collect relevant information to understand workplace risks
use data and feedback to improve workplace practices
regularly evaluate prevention and response measures
be transparent about actions taken to address workplace risks
Regular monitoring helps organisations identify issues before they escalate.
How can employers meet their positive duty obligations?
Meeting the positive duty requires more than having workplace policies in place.
Employers should consider:
providing Respect@Work and respectful workplace behaviour training
strengthening manager capability
reviewing complaint and investigation processes
seeking independent advice when workplace concerns arise
Practical education and training are a key part of meeting these obligations, particularly for leaders and managers who are responsible for setting expectations and responding to concerns.
A proactive approach helps organisations create safer workplaces while reducing compliance and reputational risks.
Frequently asked questions
When did the positive duty under Respect@Work commence?
The positive duty commenced on 7 December 2022 under the Respect at Work reforms.
Who needs to comply with the positive duty?
All Australian employers have obligations to take reasonable and proportionate steps to prevent workplace sexual harassment, discrimination and victimisation.
Is having a workplace sexual harassment policy enough?
No. Employers must take proactive steps to prevent unlawful conduct. This includes policies, training, risk management, leadership action and ongoing monitoring.
Can the AHRC investigate whether an employer is meeting its positive duty?
Yes. The Australian Human Rights Commission has powers to assess whether organisations are meeting their positive duty obligations and take action where appropriate.
How Workplace Plus can help
Workplace Plus supports organisations to meet their Respect@Work obligations through practical HR, workplace relations and workplace culture solutions.
Our consultants can assist with:
Respect & Responsibility in the Workplace training
Our Respect & Responsibility in the Workplace training program helps leaders, managers and teams understand their obligations under Respect@Work, recognise inappropriate behaviours and build workplace cultures based on respect, inclusion and accountability.
Workplace investigations
We conduct independent workplace investigations into matters including:
workplace sexual harassment
discrimination
bullying
victimisation
other workplace conduct concerns
Workplace culture reviews
We help organisations identify workplace culture risks, understand employee experiences and develop practical improvement strategies.
HR policies and compliance reviews
We review workplace policies and procedures to ensure they reflect current workplace obligations and organisational needs.
Psychosocial risk management
We support organisations to identify and manage psychosocial risks and strengthen psychologically safe workplace practices.
For more information about Respect@Work compliance support or our Respect & Responsibility in the Workplace training program, contact Workplace Plus today.
