What training does the positive duty to prevent sexual harassment require in Australia?
By Bodhih Training Solutions, Bengaluru · UpdatedThe short answer
Australian employers and persons conducting a business have a positive duty under section 47C of the Sex Discrimination Act 1984 to take reasonable and proportionate measures to eliminate sexual harassment and related unlawful conduct, as far as possible. The Australian Human Rights Commission has been able to enforce it since 12 December 2023. Its guidelines set seven standards; the Knowledge standard expects a respectful-behaviour policy and training.
What are the seven standards?
The Commission's Guidelines for Complying with the Positive Duty (August 2023) set out four guiding principles and seven standards it expects every organisation to address, scaled to its size, resources and risks.
| Standard | What it asks for |
|---|---|
| 1. Leadership | Senior leaders understand their obligations and model respectful behaviour |
| 2. Culture | A safe, respectful and inclusive workplace |
| 3. Knowledge | A policy on respectful behaviour, and education so workers understand expected standards |
| 4. Risk management | Treat the unlawful conduct as an equality risk and a health and safety risk |
| 5. Support | Support is available to workers who experience or witness the conduct |
| 6. Reporting and response | Safe ways to report, and consistent, timely responses |
| 7. Monitoring, evaluation and transparency | Collect data, review what is working and share it |
What should the training cover?
Policies and a one-off session are not enough on their own. Build the training from your own risks.
- Everyone: what sexual harassment, sex-based harassment and hostile work environments are, with examples from your workplace, and how to report.
- Leaders: their obligations under the Act and what the Commission expects of them.
- Managers: how to respond to a report and how to step in early.
- Customer-facing teams: what to do when a customer or client is the source.
- Contact officers and investigators: person-centred, trauma-informed responses and fair process.
How do you show what you did?
The Commission can inquire into compliance and issue a compliance notice. Keep the evidence together.
- Assign the training automatically when someone joins, is promoted or changes site.
- Set a due date and a refresher interval, and let reminders and escalations run.
- Keep completion certificates with the date, the course name and the version of the policy it covered.
- Send managers and HR a weekly report of who is overdue.
- Keep the risk assessment, the policy and the training record together, so you can show what you did and when.
Can a ready-made workshop meet the positive duty?
Not by itself. The duty is about your workplace. Bodhih's Respect at Work trainer toolkit ($29 USD) is a general anti-harassment and bullying workshop with a facilitator guide, slides, case studies and role plays, which a trainer adapts. Map it to the seven standards, add your own policy, reporting routes and support, and record who completed it. It was not written to Australian law, so review the legal content before you deliver it.
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Checked on 2026-11-14. Laws and prices change; confirm on the official page before you rely on a figure.
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Questions people ask next
Does the positive duty apply to small businesses?
Yes. It applies to employers and persons conducting a business or undertaking of every size; what is reasonable and proportionate depends on size, resources and risk.
Who enforces the positive duty?
The Australian Human Rights Commission, which has had powers to inquire into and enforce compliance since 12 December 2023.
Is training alone enough?
No. Training sits under the Knowledge standard; the Commission expects action on all seven standards.
How is this different from work health and safety duties?
They overlap but are separate. Meeting your WHS duty on psychosocial hazards does not by itself show that you have met the positive duty.
Can Bodhih LMS track this training?
Yes. Use groups by site or role, automations for due dates and refreshers, and scheduled reports of who is overdue.
Is this legal advice?
No. It summarises public sources as of the date shown. Confirm with an employment lawyer.