Positive Duty: What It Is and How It Impacts Your Business

Just one uncomfortable joke, one inappropriate comment, or one ignored concern.

It could easily happen in so many workplaces, and that’s all it takes for a safe, respectful workplace to become a legal and cultural risk.

The new positive duty laws mean employers can no longer wait for a complaint before taking action. You now have a legal obligation to prevent sexual harassment, discrimination, and victimisation before they happen.

If you employ people, whether it’s a team of two or a hundred, this applies to you.

And while it might sound daunting and seem like even more compliance red tape to deal with, understanding your obligations under positive duty is actually a chance to strengthen your culture, protect your business, and build trust with your team.

So what exactly is 'Positive Duty' and why do you need to be aware of it?

What is “Positive Duty”?

Positive duty is part of the Sex Discrimination Act, enforced by the Australian Human Rights Commission (AHRC).

It requires every employer, regardless of size, to take proactive and reasonable steps to eliminate workplace sexual harassment, sex-based harassment, discrimination, and victimisation.

In other words - it’s no longer enough to react after a problem occurs or rely on policies gathering dust in a folder. You’re expected to show that you’ve taken active, ongoing steps to prevent harm.

Think of it like the difference between safety gear and first aid. Prevention first over damage control later.

What Positive Duty Means for Small Businesses?

Small business owners often assume this is only relevant to large corporations, but that’s not the case. The law applies to every workplace, regardless of size or industry.

Positive duty isn’t about creating piles of paperwork. It’s about building respectful, fair, and safe workplaces where people know what behaviour is expected, and trust that management will act if something goes wrong.

Here’s what that looks like in practice:

• Clear expectations: Everyone understands what’s acceptable and what isn’t.

• Ongoing training: Conversations about respect and behaviour happen regularly, not just during onboarding.

• Safe reporting: Employees know how to raise issues confidentially.

• Follow-through: The business acts promptly and fairly when concerns arise.

Policies alone aren’t enough anymore, you need to live them and reinforce them.

Why Positive Duty Matters

Yes, compliance matters. But this isn’t just about avoiding penalties, it’s about protecting your team and your reputation, and providing a safe place to work (workplace safety now includes psychological safety aswell as physical injuries).

When people feel safe and respected at work:

• Productivity increases

• Staff retention improves

• Customer service strengthens

• Legal and reputational risks drop

And from a practical standpoint, proactive prevention is always cheaper and easier than dealing with a complaint or investigation after the fact.

The Six Minimum Standards

The Australian Human Rights Commission has outlined six key areas that businesses should focus on to show they’re complying with their positive duty obligations.

These aren’t just for big corporates, they apply to everyone.

1. Leadership: Your leaders (even if that’s just you) set the tone for respectful behaviour and lead by example.

2. Culture: Respect and fairness are a part of how your business operates day to day, not just something written down.

3. Knowledge: You and your team understand what discrimination, harassment, and victimisation look like.

4. Risk Management: You identify and manage risks before they escalate.

5. Support: Employees know where to go to access help and feel safe to speak up.

6. Response: Issues are handled promptly, fairly, and consistently.

You don’t have to perfect all six overnight - but you do need to demonstrate that your business is taking reasonable, active steps toward them.

Practical Steps to Get Started

Here are a few simple, practical steps you can start taking to start meeting your positive duty obligations right now:

1. Review your policies: Make sure they’re up to date, relevant, written in plain language, and reflect how things actually operate in your business.

2. Talk with your team: Host a short meeting or toolbox chat about what respectful behaviour means in your workplace. Open, honest conversations help build awareness and accountability.

3. Provide regular training: Training doesn’t have to be long or formal. Even a 1-2 hour annual session can make a huge difference in awareness and culture.

We can provide practical Positive Duty and Respectful Workplace Training tailored to small business teams, designed to make compliance simple, effective, and relevant to your business.

4. Set up an easy reporting process: Make it easy for employees to raise concerns and ensure they know how their concerns will be handled.

5. Lead by example: Your leadership style directly shapes culture. Show fairness, consistency, and care in every decision. Often showing is more effective than just telling.

You don’t need to overhaul everything at once. Start with one step, then build from there. The key is consistency and genuine commitment.

A Quick Reality Check: Enforcement Is Real

The AHRC (Australian Human Rights Commission) now has the power to enforce positive duty and proactively investigate whether businesses are meeting their positive duty - even if no formal complaint has been made.

So this isn’t just a 'nice to have.'

It means “I didn’t know” or “We’ve never had an issue” won’t hold up. The expectation is clear: prevention, not reaction.

What This Looks Like in Real Life

Let's say you run a small business, say, a café, a construction team, or a clinic. You’ve got a mix of full-time and casual staff, and most days are busy with jobs and clients. You don’t have time for complex HR programs, but you still want to make sure you're doing the right thing.

Here’s what positive duty compliance could look like day-to-day:

• A quarterly toolbox chat about respectful behaviour at work.

• A short annual training session for all staff.

• A short 'Code of Conduct' policy that everyone signs and understands.

• A simple, confidential reporting process (e.g. email, form, or private chat)

• A consistent, documented response when issues arise

It’s not about bureaucracy, it’s about consistent everyday actions that create a safer, more respectful workplace.

Final Thoughts

Positive duty is here to stay, and it presents a significant shift in how workplaces handle respect, fairness, and safety.

But it's also an opportunity. If you take small, consistent steps now, you’ll not only stay compliant but also create a workplace people genuinely want to be part of.

If you’re unsure where to begin, or need a bit of guidance, we can help.

We work with small businesses to put simple, practical solutions in place - the kind that make sense for your team and actually work in real life.

We also run training workshops to help you meet these positive duty obligations - designed specifically for small businesses - practical, down to earth, and tailored to your operations.

Book a free discovery call today, and let’s take the HR off your plate so you can focus on growing your business.

Get in Touch

Need help? Contact us today - sandra@hrconsultingtas.com.au or 0408 408 225  

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The content provided on this website serves as a general information resource on the subjects discussed, and should not be considered tailored to specific individual circumstances or a replacement for legal counsel. While we exert significant effort to ensure the accuracy of our information, HR Consulting TAS cannot ensure that all content on this website is consistently accurate, exhaustive, or current. Recommendations by HR Consulting TAS and any information acquired from this website should not be regarded as legal advice.