The Positive Duty under the Sex Discrimination Act 1984 (Cth)
The positive duty is a legal obligation on organisations and businesses to take proactive and meaningful action to prevent relevant unlawful conduct from occurring in the workplace or in connection to work.
From 12 December 2023 the Commission will have the power to enforce compliance by organisations and businesses with the positive duty.
The Commission will:
- support cultural change towards safer, respectful and fairer workplaces in Australia
- make sure organisations and businesses comply with their new positive duty obligations.
Tell us
Please tell us about any concerns you have about an organisation or business complying with the positive duty by completing our Positive Duty Form.
You can also tell us about an organisation or business where you have experienced or seen sexual harassment, sexist behaviour, sex discrimination or related victimisation in connection with work.
Anyone can give us information. You don’t need to tell us your name, but some personal information may be useful.
For more information about what behaviour is covered by the positive duty see our Information Guide (PDF, 2 MB).
What we will do with your information
When we get your information in the completed Positive Duty Form:
- we will analyse it
- we will use it to shape our inquiries into organisations and businesses
- we will use it to decide where to focus our resources to bring about cultural
- change
- we will use it in line with our privacy obligations.
See our Compliance and Enforcement Policy (PDF, 315 KB) for more information about how we make our decisions.
What we will not do with your information
When we get your information in the completed Positive Duty Form:
- we won’t act on your behalf to resolve individual disputes
- we won’t reply to you unless we need further information and only if you agree.
The Commission also inquires into and conciliates complaints about discrimination and breaches of human rights. This is different to completing this Positive Duty Form. Make a complaint about discrimination or human rights breaches.
