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Positive duty for employers: AHRC powers commence

Commencing on 12th Dec 2023, the Australian Human Rights Commission (AHRC) has introded major reforms in workplace regulations, marking a new phase of responsibility and cultural shift for businesses and organizations throughout the country.

Dr. Anna Cody, the Sex Discrimination Commissioner, emphasizes the important role of business and organization leaders in promoting lawful behavior and cultivating an environment of respect and inclusivity. She highlights this as a chance for Australian workplaces to transform into environments that are safe, inclusive, gender-balanced, respectful, and devoid of sexual harassment and gender discrimination.

From this point forward, the Commission possesses enhanced regulatory authority to ensure that workplaces, organizations, and businesses in Australia adhere to their obligations of proactive duty.

Dr. Cody explains that the new requirement for these entities is to proactively prevent unlawful behavior related to work, instead of merely reacting after incidents occur. She notes that the Australian Human Rights Commission is now empowered to oversee and investigate compliance with these proactive duties.

The objective of this proactive duty, according to Dr. Cody, is to develop workplaces across Australia that are safer, more inclusive, and more respectful. She states that by ensuring adherence to these proactive duty commitments, the Commission and Australian entities are making significant progress in driving meaningful cultural transformation.

The Commission has released a Compliance and Enforcement Policy, which provides guidance on the implementation of its regulatory roles. This policy details how the Commission will assist duty bearers and offer essential information for ensuring compliance.

For more information on the resources and services related to the Commission's proactive duty, interested parties are encouraged to seek additional details here