Under section 47C of the Sex Discrimination Act 1984 (Cth), employers and persons conducting a business or undertaking must take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment and related unlawful conduct. The duty began in December 2022, applies to businesses of every size, and the Australian Human Rights Commission (AHRC) has been able to enforce it since 12 December 2023. It requires prevention, not just a response after a complaint.

What conduct does the positive duty cover?

The AHRC describes the duty as covering “relevant unlawful conduct”, which includes:

discrimination on the ground of sex in a work context
sexual harassment in connection with work
sex-based harassment in connection with work
conduct creating a workplace environment that is hostile on the ground of sex
related acts of victimisation.

Does it apply to my business?

The AHRC says that regardless of their size or resources, all organisations and businesses in Australia that have obligations under the Sex Discrimination Act must meet the positive duty, from sole traders to large organisations and government. What is “reasonable and proportionate” depends on factors including the size, nature and circumstances of the business and the resources available.

What are the AHRC’s seven standards?

The AHRC’s Guidelines for complying with the positive duty set out seven standards:

Standard	Practical examples
Leadership	Leaders set clear expectations and model respectful behaviour.
Culture	A safe, respectful and inclusive culture where people feel able to speak up.
Knowledge	A clear policy, covered in inductions and regular training.
Risk management	Identify risk factors in your workplace and put controls in place, in consultation with workers.
Support	Workers can access support, including without having to go through management.
Reporting and response	Multiple ways to report, and fair, timely, consistent responses, including investigations where needed.
Monitoring, evaluation and transparency	Collect information, review whether measures work, and share outcomes appropriately.

The standard names are the AHRC’s. The examples are a summary for illustration; read the Guidelines for the full detail.

Where do investigations fit?

The positive duty is mainly about prevention, but how you respond to reports is part of it. A fair, timely and well-documented investigation process supports the “reporting and response” standard, and reviewing past complaints and investigations supports “monitoring, evaluation and transparency”. Poorly handled complaints can also discourage future reporting, which undermines prevention.

What other laws apply?

Fair Work Act 2009 (Cth). From 6 March 2023, sexual harassment in connection with work is prohibited under s 527D, and the Fair Work Commission can deal with sexual harassment disputes.
Queensland WHS Regulation. Employers must manage the risk of sexual harassment and sex or gender-based harassment, and from 1 March 2025 must have a written prevention plan where a risk has been identified. See Queensland prevention plans.

The positive duty implemented a recommendation of the AHRC’s Respect@Work national inquiry report, released in 2020.

Five practical steps to start

Assess the risks in your workplace (for example remote or isolated work, alcohol at work events, power imbalances, customer interactions).
Update your policy and make sure every worker knows it and how to report.
Train leaders and managers on their role in prevention and response.
Make sure your complaint process is fair, confidential and actually followed. The BION Audit tests this.
Decide in advance when you will use an external investigator.

General information only. This page explains the law in general terms and is not legal advice. For advice about your situation, speak with a lawyer.

Sources

Checked 22 October 2026. Laws and guidance change; check the source before relying on it.

The positive duty to prevent sexual harassment: what employers must do