Enforcement of Sex Discrimination Act compliance starts 12 December 2023

Under the Sex Discrimination Act, businesses have a positive duty (the positive duty) to eliminate discrimination, sexual harassment and victimisation in the workplace. The Australian Human Rights Commission (AHRC) has new powers to investigate and enforce compliance with the positive duty, commencing on 12 December 2023.

As part of Optometry Australia’s commitment to creating a culture of Respect. Always! a resource to assist members prepare a Prevention and Response Plan for the positive duty compliance is now available on the Optometry Australia website.

This resource complements a series of Respect. Always! videos, designed to support members in situations where they may experience workplace harassment and/or discrimination.

What is the positive duty?

The positive duty aims to address systemic causes of discrimination, sexual harassment and victimisation. It is a legal obligation that was introduced into the Sex Discrimination Act 1984 (Cth) late last year, requiring organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate the following behaviour as far as possible:

• 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.

ARHC can investigate and enforce compliance with the positive duty, as of 12 December 2023.

Preparing a Prevention and Response Plan

To ensure compliance with the positive duty, practices should review these four guiding principles of the positive duty as outlined by the AHRC:

• Be consultative – talk to workers about what they need for a safe and respectful workplace.
• Aim to achieve gender equality – where people have equal rights, rewards, opportunities and resources regardless of gender.
• Think about your people and acknowledge intersectionality. Do your workers have different intersecting identities that may compound or affect their experience of discrimination and harassment? For example, is a particular individual a woman and/or gender diverse, young, from a racial minority, or do they have a disability?
• Be person-centred and trauma informed – support individual choice, safety, dignity and avoid causing harm.

There are seven standards of the positive duty.  Each can be addressed within a Prevention and Response Plan by answering a series of questions outlined in the Respect. Always! resource here.

For more information about the positive duty under the Sex Discrimination Act visit the AHRC’s website.

Where to find help

If you are subjected to, or witness discrimination and/or harassment in your workplace Optometry Australia encourages you to talk to your manager or obtain complimentary confidential advice from Industry Legal Group, our Optometry Advisor Help Desk, or from our Member Assistance Program which offers all members access to qualified counsellors to participate in three coaching and counselling sessions annually.

You can also contact Lifeline or 1800Respect.

Optometry Australia calls on all members to join us in saying: Respect. Always! These two powerful words proclaim that any form of bias, harassment or aggression will not be tolerated within optometry.