Respectful Workplaces: Meeting Your Positive Workplace Duties

Workplaces thrive when respect is the norm, not the exception. Is your organisation doing enough?

Workplaces thrive when they are respectful, safe, and legally compliant—but is your organisation truly meeting its obligations? Having the right policies in place is just the start. Employers need to actively prevent workplace risks like harassment, bullying, and discrimination.

Understanding Your Legal Duties

Employers have two co-existing and separate positive duty obligations to create safe and respectful workplaces. Positive duty refers to a legal obligation that requires employers to take proactive steps to prevent unlawful conduct in the workplace, rather than just responding after an issue arises.

1. Positive Duty under the Sex Discrimination Act 1984 (Cth) (SD Act) – Businesses must take reasonable and proportionate measures to eliminate unlawful sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments, and victimisation.

2. Work Health and Safety (WHS) Laws – Employers must identify and mitigate psychosocial hazards, including bullying, harassment, and discrimination, to prevent physical and psychological harm.

The Australian Human Rights Commission (AHRC) has been enforcing compliance under the SD Act since December 2023, while WHS regulators are tightening oversight on workplace safety and mental health risks.

Compliance and Risk Management

The AHRC Guidelines for Complying with the Positive Duty recommend that businesses:

• Develop and consult with workers on behavioural policies

• Clearly communicate and consistently apply policies

• Regularly review and update policies to maintain effectiveness

Additionally, Safe Work Australia has published a Model Code of Practice – Sexual and Gender-Based Harassment, which NSW has already adopted, while other states have broader psychosocial hazard regulations.

New Victorian OHS Laws in 2025

Victoria operates under the Occupational Health and Safety Act 2004 (OHS Act) rather than the national WHS model. By the end of 2025, new regulations will strengthen employer responsibilities for managing psychosocial hazards, including harassment, bullying, and discrimination.

Businesses should prepare now by:

✔ Reviewing risk management strategies

✔ Signing up for updates via the link above

✔ Strengthening workplace policies

✔ Training leadership and HR teams on psychosocial safety

What Employers Need to Do

A workplace policy alone is not enough—businesses must:

✔ Develop and enforce clear policies aligned with legal requirements

✔ Educate and train workers on their rights and responsibilities

✔ Implement safe and confidential reporting mechanisms

✔ Take proactive measures as per AHRC and WHS guidelines

Vicarious Liability: Why Action Matters

Employers can be vicariously liable for unlawful discrimination and harassment by employees unless they have taken all reasonable steps to prevent it. This is separate from the positive duty but reinforces the importance of proactive action.

While this article is written with Victorian businesses in mind, the recommendations are best practice and apply to all Australian organisations.

Next Steps

If your business needs support to comply with positive duty obligations, Sierra Coaching offers 90-minute interactive 'Respectful Workplaces' training for employees and managers, available online or in-person (within 50km of Melbourne CBD).

This session covers legal requirements, risk management strategies, and practical tools to create a safer, more inclusive workplace.

Book a 15 minute meeting with me here to discuss your requirements.