One year strong: advancing workplace gender equality through the positive duty

Today marks one year since the Australian Human Rights Commission’s positive duty regulatory powers came into force, aiming to eliminate sexual harassment and discrimination in Australian workplaces.  

Sex Discrimination Commissioner Dr Anna Cody hailed the significance of the positive duty in the Sex Discrimination Act in driving workplace cultural change. 

“The positive duty marks a pivotal shift in how we approach workplace equality,” she said.  

“It isn’t just about compliance, it is about creating a culture where all workers are valued, respected and are treated equally.” 

The Workplace Gender Equality Agency last month released data revealing many organisations and businesses have created internal pathways to respond to work-related sexual harassment and discrimination. It is the first year that data of this kind has been included in the Gender Equality Scorecard.  

“95% of businesses and organisations are most likely to have a process to disclose, investigate and manage incidents, and 68% have a process to report anonymously,” Dr Cody said.  

“This is a great start, and we must continue working to ensure workers feel safe and empowered to report cases of sexual harassment and discrimination.”  

The scorecard also showed that 80% of CEOs are engaged in the implementation of these policies, but only half of their Boards have similar levels of involvement.  

“Over the past year, the Commission has reached tens of thousands of workers, businesses and organisation through education and engagement on the positive duty. We call on senior leaders to continue to lead by example, ensuring their policies and practices actively foster respect and equality. 

“We also reaffirm our dedication to ensuring that all workers, especially women, First Nations, culturally and racially marginalised, LGBTQIA+ and vulnerable workers, are afforded the dignity and respect they deserve in the workplace.” 

The Commission also co-led the formation of the Australian Council of Human Rights Agencies (ACHRA) Positive Duty Working Group. This group will make sure all the state and territory human rights agencies collaborate on positive duty obligations.  

You can read the media statement about the ACHRA working group here.  

For further information on the positive duty and the resources available, or to learn more about how the positive duty can benefit your workplace, visit our website. 

ENDS | Media contact: media@humanrights.gov.au or 0457 281 897 (only calls, no texts please)