The Australian Human Rights Commission is actively investigating workplaces for compliance with the positive duty — and it does not need a complaint to get started. In the 2024-25 financial year, the AHRC commenced formal inquiries into businesses across four industries, covering approximately 7,500 workers. The positive duty requires all employers to take proactive, documented steps to prevent sexual harassment and sex discrimination — not just to respond when something goes wrong. This article covers what the duty requires, the seven standards the AHRC uses to assess compliance, and what your organisation needs to have documented to demonstrate it is doing enough.

What the Sex Discrimination Act's Positive Duty Actually Requires

Australia's Sex Discrimination Act imposes a positive duty on all employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, sex discrimination, hostile work environments on the grounds of sex, and related acts of victimisation.

The obligation is proactive. It does not wait for a complaint. It requires employers to identify risks and put measures in place before misconduct occurs — not simply to respond when it does. An organisation that handles complaints well but has no prevention framework in place is not meeting its positive duty.

The duty applies to all employers, regardless of size or industry. What counts as "reasonable and proportionate" will differ between a five-person business and a five-hundred-person one — but no employer is exempt from the obligation to act.

Who and what is covered

The positive duty extends beyond employees. It applies to the conduct of workers, agents, and in some circumstances third parties such as clients and customers. It covers behaviour that occurs in the workplace, in work-related settings, and in connection with work — including remote work environments and off-site events.

The types of conduct covered include:

• Sexual harassment

• Sex-based harassment

• Sex discrimination

• Conduct that creates a workplace environment that is hostile on the grounds of sex

• Victimisation of a person who has made, or is considering making, a complaint

How the AHRC assesses compliance

When assessing whether an employer has met its positive duty, the AHRC considers what is reasonable and proportionate in the circumstances — taking into account the size and nature of the organisation, the resources available, the practicability and cost of measures, and the specific risks present in the workplace.

Critically, the AHRC can commence an inquiry without a formal complaint being made. Evidence from workers, regulators, and media reports can all trigger an investigation. This means an absence of complaints on record is not the same as an absence of risk — and it is not, on its own, evidence of compliance.

The 7 AHRC Standards for Positive Duty Compliance

The AHRC's Guidelines for Complying with the Positive Duty set out seven standards that form the benchmark for assessing whether an employer has met its obligations — and the evidence the AHRC looks for when it comes to enforcement. These standards are not legally binding in themselves, but the AHRC has confirmed it uses them when exercising its compliance and enforcement functions. In practice, they define what a defensible prevention framework looks like.

The standards apply to all employers. How each one is implemented will depend on the size, resources and risk profile of the organisation — but every employer should be able to point to something concrete against each standard.

1. Leadership

Senior leaders and managers demonstrate a visible and ongoing commitment to preventing sexual harassment and sex discrimination. This includes setting the tone from the top, modelling expected behaviour, and holding themselves and others accountable.

2. Culture

The organisation actively works to build a workplace culture that does not tolerate sexual harassment or sex-based discrimination. This goes beyond written policies — it includes how issues are discussed, how bystanders are expected to respond, and whether speaking up is genuinely safe.

3. Knowledge

Employees and managers understand what sexual harassment and sex discrimination are, that they are unlawful, and what to do if they experience or witness it. Awareness is not assumed — it is built through training and ongoing communication.

4. Risk management

The organisation proactively identifies situations, roles, locations or working arrangements that may increase the risk of harassment or discrimination, and takes steps to manage those risks. This includes considering factors such as power imbalances, shift patterns, customer-facing roles, and remote or isolated work.

5. Support

Workers who experience or witness sexual harassment or discrimination have access to appropriate support — including internal contact points, Employee Assistance Programs, and information about external services. The support available is communicated clearly and accessed without fear of reprisal.

6. Reporting and response

The organisation has clear, accessible and fair processes for raising concerns and making complaints. Reports are taken seriously, handled promptly and consistently, and investigated appropriately. Outcomes are communicated to those involved.

7. Monitoring, evaluation and transparency

The organisation regularly reviews whether its prevention and response measures are working, and uses that information to make improvements. This includes collecting and analysing data on incidents, near-misses, training completion, and survey results.

A note on proportionality

The AHRC acknowledges that what is reasonable and proportionate will look different across organisations. A small business may not have a dedicated HR function or the resources to run large-scale training programs — but it is still expected to have measures in place that are appropriate to its size and circumstances. The seven standards provide the framework; the implementation is scaled to fit.

The AHRC's guidance materials, including resources designed for small businesses, are available at humanrights.gov.au. The seven standards provide the what; the next section covers the how — specifically, what documentation is needed to demonstrate compliance in practice.

What to have documented — the evidence that matters

Meeting the positive duty is not just about having the right intentions or the right culture. If the AHRC commences an inquiry, what it looks for is evidence — documented proof that your organisation has taken concrete, ongoing steps across each of the seven standards. The gap between doing the right thing and being able to demonstrate it is where many organisations are exposed.

The following covers the core categories of documentation that matter most in practice.

Policies and procedures

A written harassment and discrimination prevention policy is the starting point — but it needs to be more than a document that exists. To be defensible, it should:

• Clearly define the types of conduct that are prohibited

• Set out the process for raising a concern or making a formal complaint

• Identify who is responsible for receiving and investigating complaints

• Include protections against victimisation for those who report

• Be reviewed and updated regularly, with the date of last review and authorising signatory visible on the document

Related policies — including a code of conduct, a respectful workplace policy, and any social media or communications policy — should be consistent with the prevention policy and cross-referenced where relevant.

Training records

Training is one of the most readily assessed indicators of compliance. For each training activity, maintain a record that includes:

• The date the training was delivered

• Who delivered it and in what format

• Which employees attended — individual attendance records, not just a summary count

• The content covered

This applies to induction training, annual refreshers, and any targeted training for managers or high-risk roles. For managers specifically, records should show that training addressed not only what harassment is, but how to respond to disclosures, how to manage an investigation process, and how to intervene early when concerns arise.

Risk assessment records

The positive duty requires active risk identification — not just a general awareness that harassment can occur. A documented risk assessment should identify:

• Roles, locations or working arrangements that present elevated risk (for example, lone working, customer-facing roles, after-hours shifts, power imbalances in reporting structures)

• The controls or measures put in place to address each identified risk

• When the assessment was last reviewed and by whom

Risk assessments should be reviewed when the organisation changes — including when new roles are created, when working arrangements shift, or following an incident.

Complaints and incident records

Every complaint or report of harassment or discrimination — whether formal or informal — should be recorded. The record should capture:

• The date the concern was raised and by whom (noting any confidentiality obligations)

• How the matter was handled and by whom

• The outcome and any actions taken

• Whether the person who raised the concern was informed of the outcome

This log serves two purposes: it enables the organisation to identify patterns or systemic issues, and it demonstrates that reports are taken seriously and responded to consistently.

Monitoring and review records

Documentation of ongoing review activity — including employee surveys, culture assessments, exit interview data, and any analysis of complaint trends — shows that the organisation treats prevention as an ongoing obligation rather than a one-time exercise. Record what was measured, what the findings were, and what actions were taken in response.

Where to start — AHRC tools and resources

The AHRC has published practical resources to help organisations of all sizes build and assess their positive duty compliance framework. These are available free of charge and are the recommended starting point for any organisation that has not yet conducted a structured review.

Guidance materials

The AHRC's Guidelines for Complying with the Positive Duty, along with supporting resources including factsheets and case studies, are available at humanrights.gov.au. Resources specifically designed for small businesses are also available.

Online learning

The AHRC's updated eLearning modules — refreshed in 2025 — cover what the positive duty is, what the seven standards require, and how to build a prevention framework. These can be used as a foundation for staff and manager training programs.

Respect@Work Information Service

For organisations seeking guidance on specific situations or obligations, the Respect@Work Information Service provides free, confidential support. It can be reached by phone on 1300 656 419 or by email at respect@humanrights.gov.au.

The positive duty puts the responsibility for prevention squarely on employers — not on individuals to come forward after harm has occurred. What the AHRC looks for when it assesses compliance is evidence: documented policies, training records, risk assessments, complaint logs, and records of ongoing review. Having good intentions is not sufficient. Having a paper trail that demonstrates consistent, proactive effort is.

For advice on implementing specific measures or responding to an AHRC inquiry, consult a workplace relations or employment law specialist.

Official sources:

• Australian Human Rights Commission — Positive Duty

• AHRC — Guidelines for Complying with the Positive Duty

• AHRC — Compliance and Enforcement

Last updated: July 2026