Positive duty (sexual harassment)
Also known as: SDA s47C
The "positive duty" is the obligation under s47C of the Sex Discrimination Act 1984 (Cth) for employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments and victimisation. It is proactive — duty-holders must prevent harm, not just respond after it.
Legal context
The positive duty was inserted into the SDA by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 and commenced in December 2023. It changed Australia's sexual-harassment framework from a complaints-driven, reactive regime to a proactive one: employers and other duty-holders (PCBUs, partnerships, principals of contractors) must take reasonable and proportionate measures to prevent the conduct. The AHRC has compliance and investigation powers under the SDA Part IIA. The positive duty applies in parallel with WHS duties on psychosocial hazards — the same conduct can breach both regimes.
Regulator references
The binding-law and regulator-guidance sources behind this term.
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Related terms
Psychosocial hazard
A psychosocial hazard is a hazard that may cause psychological or physical harm and arises from how work is designed, organised and managed, or from the social context of work. Examples include high job demands, low job control, poor support, role conflict, exposure to traumatic events, harassment and bullying.
ISO 45003
ISO 45003:2021 is the international guidance standard for managing psychosocial risk within an ISO 45001 OHSMS. It is a guideline (not a certifiable standard) and was the first global ISO standard to address psychosocial hazards in occupational safety terms.
Platform pillars
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47 WHS and HSWA terms with legal context, FAQs and regulator references.