More about the positive duty in the Sex Discrimination Act
Learn more about what the positive duty is, who it applies to, and how it helps create safer workplaces for all.
What is the positive duty in the Sex Discrimination Act?
Under the Sex Discrimination Act 1984 (Cth), organisations and businesses have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:
- discrimination on the grounds of sex in a work context (sex discrimination)
- sexual harassment in connection with work (sexual harassment)
- sex-based harassment in connection with work (sexist behaviour)
- conduct creating a workplace environment that is hostile on the grounds of sex (sexist behaviour)
- related acts of victimisation (related victimisation).
Animation: What is the positive duty?
Who does the positive duty apply to?
Regardless of their size or resources, all employers and ‘persons conducting a business or undertaking’ (PCBU) in Australia that have obligations under the Sex Discrimination Act must meet the positive duty.
This includes sole traders and the self-employed, small, medium and large businesses, and government.
How does the positive duty support safer workplaces?
The positive duty was a key recommendation of the Respect@Work: Sexual Harassment National Inquiry Report (2020), led by former Sex Discrimination Commissioner Kate Jenkins AO.
The inquiry found that workplace sexual harassment remained widespread across Australian workplaces and that workers often didn’t report issues, feeling unsafe or unsupported. The report revealed significant gaps in traditional reactive approaches.
The positive duty shifts the responsibility to organisations and businesses, requiring them to actively eliminate work‑related sexual harassment, sex discrimination, sexist behaviour and related victimisation - rather than waiting until after an incident occurs.
Video: Respect@Work and Gender Equality (AHRC 40 Years 40 Stories, 2026)
Want to learn more?
Learn more about how workplaces can meet the positive duty or tell us about a workplace that is not complying with the positive duty.