A ‘positive duty’ requires organisations to take proactive steps to prevent harm, rather than merely reacting to issues after they occur. This duty applies to workplace safety, discrimination, and human rights.
How can your organisation take actionable steps to meeting these duties?
For leaders, understanding and implementing positive duties builds a safe, inclusive, and legally compliant workplace.
Before we look at how leaders can take actionable steps, let’s summarise the laws that apply at both Federal and State level that define the specific positive duties organisations must meet under these Acts:
- Sex Discrimination Act: Organisations are legally required to prevent sexual harassment by addressing systemic issues and creating respectful, inclusive environments. Accountability is enforced even if no formal complaint is made.
- Human Rights Act: Employers must prevent discrimination based on gender, race, disability, and other protected characteristics, ensuring workplace equality.
- Racial Discrimination Act: The Act promotes equality before the law for all people regardless of race, colour or national or ethnic origin.In Victoria, new guidelines set five minimum standards to prevent race-based discrimination and harassment, promoting diversity and inclusion under the Equal Opportunity Act 2010.
These include:
- Developing a comprehensive anti-racism policy.
- Implementing proactive strategies to prevent discrimination.
- Ensuring accountability and reporting mechanisms.
- Educating employees on racial literacy and inclusivity.
- Regularly reviewing and improving workplace practices.
You can find out more about these Victorian guidelines here>>.
To meet positive duty obligations, organisations must take clear, actionable steps. These can include:
Providing regular training
Equip employees and leaders with the knowledge and skills to recognise and prevent unlawful conduct. Regular training on topics like sexual harassment, discrimination, and workplace rights and obligations are essential for maintaining a respectful and compliant environment.
Updating your policies
Regularly review and update workplace policies to reflect current laws and guidelines on discrimination and harassment. Ensure that policies clearly outline the organisation’s stance on unlawful behaviour and the steps employees can take to report concerns.
Creating a culture of accountability
Encourage open communication and build a workplace culture that values respect and inclusion. Organisations could use staff forums, infographics around the workplace, educational materials, and regular reminders to reinforce these principles.
Monitoring and reporting
Actively monitor workplace behaviour, conduct regular audits, and report on efforts to maintain compliance with positive duty obligations. This helps you ensure that your policies and training are effective.
By taking a proactive approach to positive duties, leaders not only ensure legal compliance but also create a safer, more inclusive workplace. Now that’s something to be positive about.
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