The AICD’s director’s guide to the positive duty provides practical guidance to Australian directors to meet their positive duty obligations in preventing workplace sexual harassment and similar harmful conduct.

The Australian Human Rights Commission (AHRC) delivered its landmark Respect@Work Report in 2020, highlighting the prevalence of sexual harassment across Australian workplaces and making extensive recommendations for change across government and business.

A key recommendation of the Respect@Work Report has seen to the introduction of a positive duty for employers to take reasonable and proportionate measures to prevent workplace sexual harassment and a range of similar harmful conduct, such as sex discrimination, hostile working environments and victimisation conduct.

The positive duty will apply to all employers, with no exclusions. However, what is considered ‘reasonable and proportionate’ measures by an employer will vary depending on the organisation, and be assessed on factors such as its nature, size, circumstances, and resources available.

To support directors in meeting their positive duty obligations, the AICD’s director’s guide to the positive duty covers:

  • Directors’ positive duty obligations and the AHRC’s expectations of organisations
  • Practical guidance to equip directors with suggested steps to elevate workplace sexual harassment at the board level
  • Key questions to be asking management teams
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