AICD supports positive duty under Sexual Discrimination Act 10 May


The Australian Institute of Company Directors (AICD) welcomes Labor’s recommitment to implement the remaining Respect@Work Report recommendations, which would include passing laws to introduce a positive duty on employers to prevent sexual harassment from occurring in the workplace.

Federal Labor Leader, Anthony Albanese, over the weekend, said if elected, Labor would implement all 55 recommendations of the Respect@Work Report.

The AICD has supported changes made by the Government’s consultation last year on the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Respect@Work Amendment Act). These important legislative changes to both the Sex Discrimination Act 1984 and the Fair Work Act 2009 have given effect to a number of the Respect@Work Report recommendations.

In March, the AICD made a submission to the Attorney-General’s consultation on options to progress further legislative recommendations of the Respect@Work Report which, in particular, outlined our support for Recommendation 17 – to introduce a positive duty on employers to prevent sexual harassment from occurring.

Introducing a positive duty would shift the burden from individuals having to make complaints, to one where employers must continuously assess whether they are meeting the requirements of the duty to take proactive and preventative action.

The AICD looks forward to the Attorney-General’s Department response to this important consultation.

/Public Release. View in full here.