The Positive Duty under the Sex Discrimination Act 1984 (Cth)
From 12 December 2023 the Commission will have the power to enforce compliance by organisations and businesses with the positive duty (PDF, 128KB).
The Commission will:
- support meaningful cultural change towards safer, respectful and fairer workplaces in Australia
- make sure organisations and businesses comply with their new positive duty obligations.
The Commission also inquires into and conciliates complaints about discrimination and breaches of human rights. This is different to completing the Positive Duty Form. Make a complaint about discrimination or human rights breaches.
Tell us
From 12 December 2023, you will be able to tell us about any concerns you have about an organisation or business complying with the positive duty by completing our Positive Duty Form.
You will also be able to tell us about an organisation or business where you have experienced or seen sexual harassment, sexist behaviour, sex discrimination or related victimisation in connection with work.
Anyone will be able to give us information. You don’t need to tell us your name, but some personal information may be useful.
Our Positive Duty Form will be available from 12 December 2023 onwards.
For more information about what behaviour is covered by the positive duty see our Information Guide (PDF, 1.9MB).
What we will do with your information
When we get your information in the completed Positive Duty Form:
- we will analyse it
- we will use it to shape our inquiries into organisations and businesses
- we will use it to decide where to focus our resources to bring about meaningful cultural change
- we will use it in line with our privacy obligations.
Please see our Compliance and Enforcement Policy for more information about how we make decisions.
What we will not do with your information
When we get your information in the completed Positive Duty Form:
- we won't act on your behalf to resolve individual disputes
- we won't reply to you unless we need further information, and only if you agree.
Need help?
If you can’t use the Positive Duty Form yourself, call us on 1300 656 419 or visit our Information Services for more contact details. Our team can help you with the Form.
If you need support, visit a list of free and confidential counselling and support services (PDF, 202KB).
