Positive Duty Laws: what you need to know
Changes to the Positive Duty Laws came into effect on 6 January 2025. NT business need to be aware of how these changes will affect you.
Background
The Australian Human Rights Commission introduced positive duty regulation in December 2023, under the federal Sex Discrimination Act 1983 (Cth) 2022, aiming to eliminate sexual harassment and discrimination in Australian workplaces.
You can read more about it here: One year strong: advancing workplace gender equality through the positive duty.
What this means for employers
Employers, including sole traders, businesses and organisations of all sizes, must take meaningful steps to eliminate sexual harassment, sex-based harassment, sex discrimination, creating a hostile work environment based on sex, and any acts of victimisation in the workplace. Employers must show they are doing what they can to prevent these issues as much as possible, within reason.
NT WorkSafe recommends the following actions
As with any other workplace health and safety risk, it is recommended employers, businesses and organisations:
- adopt a risk management approach to identify, assess and control risks and hazards
- consult with workers to find out what they need for their health, safety and wellbeing at work
- develop policies and procedures to prevent and eliminate sexual harassment and discrimination and regularly communicate them to everyone in the workplace
- regularly assess risks and review the controls in place
- promote the benefits of a safe, diverse and gender equal workplace
Guidance Materials
‘Codes of practice’ provide clear and practical advice on the standards that need to be met in order to achieve compliance regarding Work Health and Safety (WHS) laws.
The approved codes of practice for the Northern Territory can be downloaded for free from the forms and resources section of the NT WorkSafe website, including:
- Managing psychosocial hazards at work – Code of practice
- Sexual and gender-based harassment – Code of practice
Additional resources available on the NT WorkSafe website include:
- Worker’s Guide to Workplace Sexual Harassment
- Employer’s Guide to meeting positive duty requirements
- Positive Duty Checklist (for PCBU’s/employers)
To also assist businesses and organisations in complying with the positive duty, meet its legal obligations to satisfy the positive duty requirements, a range of materials have been published by the Australian Human Rights Commission.
The role of NT WorkSafe in regard to the positive duty
The role of NT Worksafe is to confirm if a workplace has appropriate policies, procedures and control measures in place to effectively prevent and/or minimise any risks to physical or psychological health of workers (and others).
NT Worksafe may respond to safety concerns in relation to workplace sexual harassment by:
- Providing information and guidance.
- Directing workers around making a complaint to the NT Anti-Discrimination Commission, the Fair Work Commission or other services.
- Making enquiries to determine if the employer has met its obligations under WHS laws.
- Inspecting workplaces and enforcing WHS laws.
If a workplace is not meeting its obligations to protect workers (and others) from harm, including sexual harassment NT WorkSafe may:
- Issue an improvement notice;
- Issue a prohibition notice; or
- If a serious breach has occurred NT WorkSafe may investigate and prosecute.
Who to contact
You can reach out to NT WorkSafe if you have questions, concerns or would like support in ensuring that you comply with the positive duty for your workplace and employees.