Sexual Harassment & Positive Duty

Your positive duty under Respect@Work

People focused. Resolution driven.

The law no longer waits for something to go wrong. Employers now have a positive duty to actively prevent sexual harassment and sex or gender based harassment and discrimination at work and we help businesses understand how to meet it, practically and confidently.

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From reacting to preventing

The Respect@Work reforms changed the legal landscape for employers.

It's no longer enough to deal with sexual harassment and sex or gender based harassment after a complaint. Businesses now have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment, sex or gender-based harassment, sex discrimination and hostile work environments, so far as possible, before they happen.

For many employers that's a significant shift, and an uncertain one: what counts as "reasonable and proportionate" for a business like mine?

That is exactly what we can help you work out, and then put the policies, procedures and training in place to meet your duties.

How we can help

Compliance Review

A legal assessment of where your business stands against your positive duty, and what to do about any gaps.

Risk Assessment

Understanding where the risks actually sit in your workplace, including remote or isolated roles, and teams with a significant power or gender imbalance where risks can run higher.

Policies & Prevention Plans

Clear, tailored documents that do more than sit in a drawer. We work to understand your business and put practical, compliant measures in place - because a plan or policy only works if it changes what people actually do.

Training

Practical and interactive sexual harassment and sex or gender-based harassment prevention training for your people and your leaders.

Reporting & Response Systems

Safe and trusted ways for people to raise concerns, and a plan for what to do when a concerned is raised.

Complaint Handling & Investigations

Considered and respectful handling when something is raised.

Representation & defence

If a claim is made, we can act for you

Prevention is where we'd rather spend your time. However, when a complaint becomes a claim, you want someone who can act for your business. We defend employers in the Fair Work Commission, the Australian Human Rights Commission and the Queensland Human Rights Commission (subject to leave).

Sexual harassment Sex or gender-based harassment Hostile work environments Victimisation

Fair Work Commission

Stop sexual harassment orders. A worker can apply for an order that the harassment stop where there is a risk it will continue. These matters move quickly, so early advice matters.

Sexual harassment disputes. The Commission can also deal with disputes about sexual harassment connected with work, through conciliation and, where the parties agree, arbitration. Otherwise, the matter may progress to the Federal Circuit and Family Court (Division 2).

Australian Human Rights Commission

Complaints under federal discrimination law are dealt with by conciliation, and if they aren't resolved they may proceed to the federal courts.

The Commission also has powers to inquire into compliance with the positive duty - which is why the prevention work above is important.

Queensland Human Rights Commission

Complaints under Queensland anti-discrimination law, including sexual harassment, sex or gender-based harassment and victimisation, are generally dealt with by conciliation.

Where a complaint isn't resolved, it may proceed to a hearing. We can act for you at each stage and can represent you, subject to leave being granted.

Time limits apply, and they differ between jurisdictions. If you have been served with an application or notified of a complaint, contact us straight away โ€” the earlier we are involved, the more options you may have.

The positive duty in practice

Prevention, not just
paperwork

We help you build genuine protection into how your workplace runs, so you can take active steps towards meeting your duty and look after your people.

Real protection, built in. Not just a policy on a shelf.

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Let’s work towards compliance and confidence

Whether you're starting from scratch or sense-checking what you already have, we'd love to help you meet your positive duty.

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Based in Toowoomba & Brisbane ยท Acting for employers, wherever your people work.