eCompliance

Category

Respect@Work / Sexual Harassment

4 courses

Employers and PCBUs carry a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, sex-based harassment and related victimisation as far as possible. That is a prevention duty, not a complaints process. It applies to sole traders through to government. Training has to reach leaders, because the duty is discharged through what leadership does.

Which one do you need?

Respect at Work for Employees is the all-staff course. The leader courses split by purpose. Respect@Work: Preventing Sexual Harassment for Leaders is the behaviour and response course, while Respect@Work: Positive Duty Guidelines for Leaders works through the Commission's standards for meeting the duty itself. Victorian Positive Duty Guidelines for Leaders covers the separate Victorian equal opportunity duty, so Hungry Minds runs it for Victorian employers in addition, not instead.

Common questions

What is the positive duty?

It requires employers and PCBUs to take reasonable and proportionate measures to eliminate unlawful sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments and related victimisation, as far as possible. The Australian Human Rights Commission has published guidelines on what meeting it involves and has compliance and enforcement powers.

Is one course for everyone enough?

No. The duty sits with the organisation and is delivered by its leaders, so leaders need training on the standards themselves, not just on the behaviour. Run the employee course across the workforce and a leader course for anyone who manages people or influences culture.

Do Victorian employers need something extra?

Victoria has its own positive duty under state equal opportunity law, administered separately from the federal duty. The Victorian Positive Duty Guidelines for Leaders course covers it. Most Victorian employers are covered by both.

How does this interact with WHS?

Sexual harassment is also a psychosocial hazard under work health and safety law, so the same conduct can create duties under two regimes. Employers commonly pair Respect@Work training with the psychosocial hazards courses in the Work Health & Safety category.

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