Workplace Advice from ACFA – Positive Duty Reminder

An important update from the ACFA Workplace Advice Team with a reminder that, from 12th December 2023, every business will need to demonstrate how they have taken all reasonable and proportionate steps to eliminate sexual harassment, sex-based harassment or victimisation in their workplace.

This includes training and education for your workforce. Your response will involve regular conversations with workers about behaviour, being clear with staff about what to do if they experience or witness unlawful behaviour, and clear messages from the owners of the business that this unlawful behaviour will not be tolerated.

The positive duty will operate concurrently with existing duties in work health and safety (WHS) laws, which require employers and PCBUs to provide a safe working environment.

If you haven’t taken proactive steps to discharge your ‘Positive Duty’ by 12th December and you have an incident in your workplace, you could be exposed to an investigation by the regulators leading to reputational and financial damage.

Employer Webinar

ACFA has created a pre-recorded webcast customised for employers, with a specific focus on aiding business owners and managers in comprehending sexual harassment, positive duty requirements, and the essential steps for compliance.

This free resource is available to ACFA Members Only, and can be downloaded now from the ACFA Member Portal.

Employee Training

ACFA’s Workplace Advice Team has also created an Employee Sexual Harassment Training Webcast exclusive for ACFA Members to use within their business.

The information included in the webcast will cover a variety of topics including;

  • What is sexual harassment? Bystander training including who are bystanders, bystander action and scenario-based video
  • Complaint handling procedures
  • Online Sexual Harassment Training Video (external) with completion certificate offered
  • Support Services that employees can access

The training webcast will not only provide information to employees on their responsibilities but will assist you in meeting your positive duty requirements.

*The webcast is available on the member resources portal under the webinars tab for a small fee.

ACFA members have access to a dedicated Sexual Harassment Tab which provides guides, fact sheets, infographics plus much more to assist members on their responsibilities.

The ACFA Workplace Advice Team

If you have any questions regarding your positive duty obligations, please do not hesitate to contact the ACFA workplace advice team at membership@acfa.net.au .