The positive duty under the Sex Discrimination Act 1984 (Cth) is a legal obligation on organisations and businesses to take proactive and meaningful action to prevent sex discrimination, sexual harassment, and victimisation from occurring in the workplace or in connection to work.
From 12 December 2023 the Australian Human Rights Commission will have the power to enforce compliance by organisations and businesses with the positive duty.
Yes. All employers, or persons conducting a business or undertaking (PCBU) in Australia have a legal obligation to take proactive and meaningful action to prevent sex discrimination, sexual harassment and victimisation from occurring in the workplace or in connection to work.
Work Respect is a comprehensive online training program that has been developed for businesses and organisations to comply with the Human Rights Commissions the positive duty legislation.
Work Respect has been developed by the YWCA Canberra with experts in gender-based discrimination and violence. The YWCA Canberra is a Registered Training Organisation and is experienced in delivering nationally accredited education and training.
YWCA Canberra is a feminist not-for-profit organisation that has provided community services and represented women’s issues in Canberra since 1929.
The Australian Human Rights Commission (AHRC).
From 12 December 2023 the Australian Human Rights Commission (AHRC) will have new compliance and enforcement powers in relation to the positive duty.
The AHRC can conduct enquiries into the compliance of a business or organisation to address unlawful discrimination and may initiate an inquiry into where it reasonably suspects non-compliance. That reasonable suspicion can include information and tip-offs provided by employees, individuals, or other organisations, including media reports.
Compliance notices can also be issued which specify any action the business or organisation must take to address non-compliance. The AHRC additionally can apply to federal courts to direct compliance and payment of damages.
Penalties for unlawful discrimination can include significant damages, enforceable court orders such as re-employment of a terminated person or any reasonable course to redress losses by the applicant.
Beyond formal advice or action from the AHRC, it will be important to consider reputational risk to the organisation and possible impact on staff morale and productivity, if discrimination or harassment is allowed to continue without action.
The online training program consists of nine modules, each running on average for 15 minutes. Each module is time locked, so employees must wait 24 hours before they can proceed to the next module. This allows contemplation and reflection after each module is completed.
The Work
Respect Toolkit costs $100 + GST per individual user. For an additional fee of
$250 + GST we can incorporate your organisations branding into the online
training.
The training is delivered in online modules. There are nine modules for staff members, including a separate set for an employer. All that’s needed is an internet connection, headphones or speakers and an internet browser.
Work Respect combines online training for staff in recognising and preventing workplace sexual harassment, with a range of organisational resources to support embedding a culture of respect across the workplace.
The training is online and has been designed to allow employees to do the training in stages when time permits.
The employee training incorporates nine modules that cover defining and understanding workplace sexual harassment, the role of bystanders, the gender-based drivers of sexual harassment and our responsibilities at work.
Work Respect’s employer training consists of five modules and is included to assist your business or organisation with a better understanding of your workplace’s status and advice on prevention and responding to incidents when they occur.
Work Respect organisational resources include:
• Model clauses for employment contracts to assist with current and future employment arrangements.
• Gender audit to review status of current employees by gender and level.
• Survey templates for businesses and organisations to measure employee levels of awareness and understanding of sexual harassment and discrimination. Additional survey templates are provided to gauge employees understanding post training.
• A Guide on Risk Management to support planning for prevention of sexual harassment and discrimination.
• Tips, information, and activities aimed at helping an organisation make behavioural changes, or ‘nudges’ towards achieving new workplace norms and whole-of-organisational change.
• A Guide on Management and Evaluation to assist employers to manage cultural change, and to evaluate outcomes to sustain change.
• Internal Communications materials.
• Staff resources such as posters, images and graphics which can be used on staff desktops, monitors, in the office, or on your organisation’s intranet and social media platforms.
• Specific for those in senior leadership or people and culture-related roles is a Guide for Responding to Incidents. This Guide includes scripts which may assist in managing and responding to incidents of sexual harassment.
Yes. Work Respect training and resources has been designed to apply to all staff, including managers, senior leaders, and board members.
No. The Work Respect training does not have assessments. It does, however, have sections which ask participants to reflect on what they understood before, and what they have learned after they have completed the training.
Yes. It includes all your workers. The Work Health and Safety Act 2011 (Cth) definition of a worker is: a person who carries out work in any capacity for a person conducting a business or undertaking, including any of the following:
• an employee (regardless of employment status i.e. casual, permanent, part-time etc.)
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company who has been assigned to work in the person’s business or undertaking
• an outworker
• an apprentice or trainee
• a student gaining work experience
• a volunteer – except a person volunteering with a wholly ‘volunteer association’ with no employees (whether incorporated or not).
Yes, they should be made aware, and it is strongly recommended they undertake the training.
Board directors, non-executive directors including paid or unpaid meet the definition of a worker captured in the Work Health and Safety Act 2011 (Cth).
The definition of worker which applies is captured in the Work Health and Safety Act 2011 (Cth): a worker is a person who carries out work in any capacity for a person conducting a business or undertaking, including any of the following:
• an employee (regardless of employment status i.e. casual, permanent, part-time etc.)
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company who has been assigned to work in the person’s business or undertaking
• an outworker
• an apprentice or trainee
• a student gaining work experience
• a volunteer – except a person volunteering with a wholly ‘volunteer association’ with no employees (whether incorporated or not).
Yes, the definition of a worker includes volunteers or unpaid staff.
The definition of worker which applies is captured in the Work Health and Safety Act 2011 (Cth): a worker is a person who carries out work in any capacity for a person conducting a business or undertaking, including any of the following:
• an employee (regardless of employment status i.e. casual, permanent, part-time etc.)
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company who has been assigned to work in the person’s business or undertaking
• an outworker
• an apprentice or trainee
• a student gaining work experience
• a volunteer – except a person volunteering with a wholly ‘volunteer association’ with no employees (whether incorporated or not).
Yes. It includes your contractors and subcontractors. The definition of worker which applies is captured in the Work Health and Safety Act 2011 (Cth): a worker is a person who carries out work in any capacity for a person conducting a business or undertaking, including
any of the following:
• an employee (regardless of employment status i.e. casual, permanent, part-time etc.)
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company who has been assigned to work in the person’s business or undertaking
• an outworker
• an apprentice or trainee
• a student gaining work experience
• a volunteer – except a person volunteering with a wholly ‘volunteer association’ with no employees (whether incorporated or not).
The definition of ‘workplace’ as defined in the Work Health and Safety Act 2011 (Cth):
• Where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.
• Can include a vehicle, vessel, aircraft or other mobile structure, and any waters and any installation on land, on the bed of any waters or floating on any waters.
This applies to workplace functions, social events or conferences. Associated travel and attendance are also considered workplaces under the legislation.
Email: workrespect@ywca-canberra.org.au
YWCA Canberra will provide technical advice and a self-help manual for organisations who are using the Work Respect Toolkit and provide initial user support to their staff.
Evidence
Work Respect resources have been written by organisational change experts to help employers to make holistic changes within their organisations.
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