Under the Sex Discrimination Act 1984 (Cth), employers have a positive duty to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, sex discrimination, conduct creating a hostile workplace environment on the ground of sex, and related victimisation in connection with work. The Australian Human Rights Commission (AHRC) can now initiate compliance proceedings without a formal complaint being lodged. Directors and officers can face personal exposure through ancillary liability where they cause, instruct, induce, aid or permit unlawful conduct.
The Positive Duty Plan from Brookvale HR Solutions is a structured compliance framework aligned to all 7 AHRC standards. Daniel Holbrook personally develops every element of the plan for the specific business, its industry, its workforce composition, and its existing frameworks. $4,000, fixed fee.
The positive duty under the Sex Discrimination Act is an active, ongoing obligation that requires documented measures across all seven AHRC standards. A standalone policy ticks one box. The AHRC measures the remaining six against a "reasonable and proportionate" test calibrated to the size and resources of the organisation. The Sex Discrimination Act 1984 (Cth) sets out the positive duty, and the Australian Human Rights Commission publishes guidance on meeting it.
The Sex Discrimination Act amendments require employers to take reasonable and proactive steps to prevent unlawful conduct, not merely respond after it occurs. The duty applies to all organisations covered by the Act regardless of size.
The AHRC can initiate compliance proceedings on its own motion since December 2023. The agency does not need a complainant to investigate; it needs reasonable grounds to suspect a contravention of the positive duty.
Section 106 makes the organisation liable for unlawful conduct by its employees and agents unless it took all reasonable steps to prevent it. Section 105 treats anyone, including an officer, who causes, instructs, induces, aids or permits unlawful conduct as having done it. The Positive Duty Plan produces the evidence of those reasonable steps.
A 15-point gap analysis covering contractual validity, policy architecture, and operational compliance including positive duty requirements. $1,500 fixed fee, fully credited toward follow-on work including the Positive Duty Plan.
The Australian Human Rights Commission’s Guidelines for Complying with the Positive Duty set out 7 standards that organisations and businesses must satisfy. These standards provide the framework against which the AHRC assesses compliance with the positive duty, and the basis on which it determines whether an organisation has taken appropriate measures. The reporting and response standard is the one a live complaint tests first, and a procedurally fair investigation is what discharges it.
Visible ownership from the top of the business.
Respectful behaviour as a managed outcome, not an assumption.
A trained workforce that understands the rules and expectations.
Documented assessment of workplace-specific risks and controls.
Accessible pathways for affected workers, before and after reports.
A framework for receiving, assessing, and investigating complaints.
Ongoing review, measurement, and honest reporting of outcomes.
Every plan is built for the specific business. Daniel conducts the assessment, develops the documentation, and delivers a compliance framework that satisfies the AHRC’s requirements for reasonable and proportionate measures. The plan includes a gap assessment against all 7 AHRC standards, an updated prevention policy, a reporting and complaint handling framework, a workplace-specific risk assessment, a training plan, inquiry-ready documentation, an implementation roadmap, and a leadership debrief.
Assessment of the business’s current position against each standard, identifying what is in place, what is missing, and what requires updating.
A policy that meets the positive duty requirements, drafted or updated to reflect the business’s industry, workforce, and risk profile.
A documented framework for how workers report sexual harassment, covering intake, investigation, confidentiality, and escalation.
Assessment of workplace-specific risk factors including power dynamics, culture, work arrangements, and industry-specific risks.
A structured education and training plan tailored to each level of the organisation, so every role understands its legislative responsibilities.
Documentation structured so that if the AHRC initiates an inquiry, the business can demonstrate reasonable and proportionate measures were in place.
A practical rollout plan covering workforce communication, training scheduling, and review dates.
Daniel presents the complete plan and ensures responsible officers understand their organisational duties and personal liability.
Every Positive Duty Plan is built for the specific business, its industry, workforce composition, and existing frameworks. Not a template. Daniel personally conducts the gap assessment, develops every document, and delivers the plan. No additional charges, no hourly overruns, and no lock-in contracts.
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A policy ticks one of the seven boxes. The AHRC expects the other six.
The AHRC’s guidelines explicitly state that a policy alone does not discharge the positive duty. The obligation requires active, ongoing measures across all 7 standards: leadership commitment, cultural change, education and training, risk assessment, support for affected workers, reporting frameworks, and monitoring and evaluation.
The positive duty requires organisations to prevent and respond to discrimination and harassment, including sexual harassment occurring in the workplace and conduct in connection with work. The AHRC applies a "reasonable and proportionate" test, which considers the size of the organisation, the nature of the industry, the resources available, and the specific risks in the workplace. A plan that is reasonable for a 10-person professional services firm will differ from what is proportionate for a 150-person manufacturing business. Daniel builds each plan to the standard that is appropriate for the specific business. Read more about Daniel on the About page.
Liability under the Sex Discrimination Act reaches beyond the person who engages in the conduct. Vicarious liability under section 106 means the organisation is liable for unlawful conduct by its employees and agents unless it can establish that it took all reasonable steps to prevent that conduct. In addition, directors and officers can face personal exposure through ancillary liability under section 105: anyone who causes, instructs, induces, aids or permits unlawful discrimination or harassment is taken to have done the act themselves. The Positive Duty Plan is the documented evidence of those reasonable steps. Without documented, proactive measures, neither the organisation nor its officers can mount an effective defence. Employers meeting their positive duty obligations through structured processes and systems are in the strongest position if an inquiry is initiated.
“ I recently engaged Brookvale HR Solutions, led by Dan and his team, and was thoroughly impressed. Dan combines deep HR expertise with a practical, people-first approach. He provides clear advice and handles complex issues with professionalism and empathy. He’s a HR / Safety weapon. 10/10 recommend! ”
Not sure where the gaps are?
A 15-point gap analysis covering contracts, policies, and operational compliance. Fully credited toward follow-on work including the Positive Duty Plan.
Sexual harassment is a recognised psychosocial hazard.
A structured risk assessment and control plan under WHS legislation.
Another recent legal obligation requiring an employer framework.
Policy, manager guidelines, and implementation support.
Need the complete HR documentation framework?
Contracts, policies, procedures, and compliance documentation in a single engagement.
$4,000 fixed fee. Tailored to your business. No lock-in contracts. A direct conversation about your positive duty obligations, and a structured path to compliance with all seven AHRC standards.
