Here are the practical tips you need to meet your duty of care
This article was produced in partnership with Worklogic
Since 2007, Worklogic has been the Australian market leader in identifying, preventing and resolving workplace misconduct and conflict. Worklogic has conducted more than 1,500 workplace investigations, mediations and reviews into discrimination, bullying, sexual harassment and other complex interpersonal misconduct in Australian workplaces.
Developing a Positive Duty Actions Plan is a valuable process for any organisation. It’s a unique opportunity for employers to assess areas of risk and consult with team members about a crucially important aspect of duty of care.
In 2020, the Respect@Work National Enquiry into Sexual Harassment in Australian Workplaces report made numerous recommendations including an amendment to the Sex Discrimination Act – to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation.
Both the risks and the measures to mitigate risk are individual to each organisation. Are your employees mostly customer facing? Do you entertain a lot of clients while making sales? Do you employ a large proportion of people in their first job? You’ll need to assess the particular circumstances in your business, and consult with your employees to work out where the greatest likelihood of sexual harassment may arise, and what to do about it.
The regulatory framework implemented through the new legislation provides powers to the Australian Human Rights Commission to investigate organisations. Penalties can be handed down by the Commission to organisations who cannot demonstrate their positive duty obligations.
The guiding principles of Consultation, Gender equality, Person Centred and Trauma Informed practice and Intersectionality establish a foundation for the Action Plan process. These principles encourage employers to understand their business and the employees that work within it to help them identify areas of risk. There are seven standards that build the framework for practical steps:
The Leadership principle implies that employers are to be aware of the laws and to provide information to staff and set clear expectations of behaviour to staff. A visible commitment to a safe work environment must be established.
Encouraging an Upstander culture is a key principle, fostering a culture that empowers workers to speak up and report unlawful conduct.
Consulting with employees about the new laws and developing and implementing new policy adheres to the knowledge principle of the framework. Support to be provided through training, education and consultation.
Identifying areas of risk, which is organisation-specific, is a key approach to prevention and response. The risk management principle recognises that unidentified risks are a health and safety issue.
Access to appropriate and un-biased support for workers who witness unlawful conduct. The support principle ensures that employees are provided with clear information about support options available.
The reporting and response principle of the framework dictates that a complaints process and procedures must be established, ensuring appropriate options for reporting and a timely response to reports received.
The process of positive duty includes monitoring, evolution and transparency of the plan that has been put in place. The collection of data and regular assessments of the overall culture is essential in maintaining safe workplaces.
A positive duty action plan empowers employers to start the process on eliminating unlawful and unsafe conduct in workplaces. It’s an opportunity to review culture and promotes an environment where employees speak up if they witness inappropriate conduct.
The opportunity to really assess your employees and the work you do from a risk perspective is a positive step in creating a greater and safer place to work.
Jodie Fox is the Melbourne Director at Worklogic, a market leader in workplace investigations, mediations and training. Jodie is passionate about helping people and organisations manage workplace conflict in a productive way. She has 10 years’ experience as an employment lawyer, working in-house in workplace relations before taking the helm at Worklogic. Jodie has extensive experience running workplace investigations, policy drafting and training. Jodie's affable and warm approach makes her one of the most sought after consultants and trainers at Worklogic.
