What is the positive duty to prevent sexual harassment?

Common question · Human Rights & Discrimination · Australia · 23 October 2026

General information from Lawmateanz

Since December 2022, Australian employers have had a positive duty under the Sex Discrimination Act to take reasonable steps to prevent sexual harassment and related conduct.

That means acting proactively, such as having policies, training and reporting processes.

The Australian Human Rights Commission can enforce the duty.

Employees can still make complaints if harassment happens.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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