Positive Duty Sexual Harassment Training
Positive Duty Sexual Harassment Training – You cannot afford to ignore the new positive duty
* Is your organisation protecting it’s employees from sexual harassment & sex discrimination?
* Has your organisation satisfied it’s duty of care when it comes to addressing sexual harassment?
* Do you have workplace training in place that ensures your employers understand what is sexual harassment, the behavioural expectations of your organisation and their rights and obligations
* Are you confident that you have taken all reasonable steps to ensure that your employees are not subject to sexual harassment.
Positive Duty Sexual Harassment Training
On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 was passed into Law. The Act to implements recommendations from the AHRC 2020 Respect@Work report. It will significantly strengthen Australia’s regulatory framework in respect of sex discrimination, and in particular, sexual harassment.
The centrepiece of the Act is the introduction of a positive duty to prevent sex discrimination and sexual harassment.
The Act amends the Sex Discrimination Act 1984 (Cth) by introducing a new positive duty for all employers to take ‘reasonable and proportionate measures’ to eliminate, as far as possible, unlawful sex discrimination, including sexual harassment, sex-based harassment, hostile work environments and victimisation. This duty will coexist with existing duties under work health and safety laws, including the duty of employers to provide a safe working environment for workers, so far as reasonably practicable.
The Australian Human Rights Commission concluded in the Respect@Work report that a positive duty shifts the burden from individuals making complaints to employers taking proactive and preventative action. As the positive duty is an ongoing duty, it shifts the emphasis from a complaints-based model to one where employers must continuously assess and evaluate whether they are meeting the requirements of the duty.
Under this new duty, it will be imperative that all employers and organisations adopt preventative measures to address sex discrimination and sexual harassment in the workplace, one of the most important preventative measures is training your employees to understand what sexual harassment is and that it is unlawful.
It is vitally important to note that from 12 December 2023, the Australian Human Rights Commission (AHRC) can inquire into compliance with the new positive duty. If non-compliance is reasonably suspected, the AHRC can issue a compliance notice and apply to the Federal Court for orders to direct compliance with the notice.
How is AWPTI Positive duty Sexual Harassment Training 2024 and beyond different?
As a Sexual Harassment Training provider – We offer 4 versions of our highly sought after understanding sexual harassment in the workplace training programs that can be delivered to individuals or organisations. We can deliver the training in person (for organisations only) or remotely via Zoom or MS Teams.
The courses have been designed and developed and are facilitated by Phil O’Brien, (more details here) a highly skilled and experienced workplace investigator and trainer. The advantages of having Phil deliver the program for you are;
Training options
Employee version
This course is designed for employers who want to ensure that their employees understand the behavioural expectations of the organisation and at law when it comes to sexual harassment in the workplace and for the organisation to be able to satisfy the new Positive Duty.
This 60-90 minute depending on the level of participant interaction, questions etc) course is now part of our ‘Live by Request’ series and can be delivered in person or remotely via Zoom or MS Teams anywhere in Australia or internationally.
The program provides practical skills to help enable you and your employees to recognise what is and what is not sexual harassment and offers strategies to deal with sexual harassment in the workplace.
The program has the following components:
- Respect in the workplace
- What is the workplace in 2024?
- What is sexual harassment?
- What is sex discrimination?
- Sex Discrimination & sexual harassment laws
- Components of sexual harassment
- The sexual harassment continuum
- Why don’t victims report
- AHRC* Sexual Harassment survey and the Respect@Work Report
- Changes to sexual harassment laws
- Satisfying the new positive duty for employers
- Sexual harassment – busting the myths
- Sexual harassment and social media
- Your rights and obligations
- What should/can you do as a victim or witness
- The Bystander effect
- Consequences
- What can employers do
- Legal Responsibilities
The session includes discussion around actual sexual harassment investigation cases and the Myth Busting/fact or fiction section which outlines comments made by victims that make them feel that they can’t report matters and comments/excuses made by perpetrators in real life interviews.
This course will help employers who want to ensure that their employees understand what sexual harassment is, the behavioural expectations of the organisation and at law when it comes to sexual harassment in the workplace and what to do if an employee is subjected to or witnesses sexual harassment in the workplace.
Managers version
This course is designed for managers who want to ensure that are able to respond and manage sexual harassment complaints in the workplace and for the organisation to be able to satisfy the new Positive Duty.
This 90 minute to 2 hour (depending on the level of participant interaction, questions etc) course is part of our ‘Live by Request’ series and can be delivered in person or remotely via Zoom or MS Teams anywhere in Australia or internationally.
The program contains the same content as the employee version but also includes advice for managers, employers, business owners etc on how to initially manage sexual harassment complaints from employees, take the next steps and potentially resolve matters .
This programs provides practical skills to help enable your managers recognise what is and what is not sexual harassment and also offers strategies to deal with sexual harassment in the workplace.
This program can be run in groups for larger organisations or individuals in smaller organisations. For organisations we have a flat rate with no limit on the number of attendees
Organisational version
This course is designed for senior managers and business owners who want to ensure that they are able to respond and manage sexual harassment complaints in the workplace and for the organisation to be able to satisfy the new Positive Duty.
This 2.5 to 3 hour (depending on the level of participant interaction, questions etc) course is part of our ‘Live by Request’ series and can be delivered in person or remotely via Zoom or MS Teams anywhere in Australia or internationally.
The program contains the same content as the Manager’s version and provides insights and advice based on the recommendations from the ARHC relating to Standards, Guiding Principles and Compliance with the Positive Duty
Standards:
- Leadership
- Culture
- Knowledge
- Risk Management
- Support
- Reporting and response
Guiding principles:
- Consultation
- Gender equality
- Intersectionality
- Person-centred and trauma-informed approach
This program can be run in groups for larger organisations or individuals in smaller organisations. For organisations we have a flat rate with no limit on the number of attendees
Video versions of the employee and managers programs
These versions are exactly the same as the courses presented in person or remotely with an introduction and a narration over the PowerPoint and is approximately 60 (employee version) and 75 (managers version) minutes long.
The programs are not designed to be fancy with silly graphics and imbedded videos that do not add any value. The programs are about providing information in a clear, concise and understandable manner.
The program can be purchased as a single video or multiple shorter videos.
Understanding Sexual Harassment 1 on 1
This 60 to 90 min (depending on the interaction form the participant) course is part of our ‘Live by Request’ series and is delivered remotely only via Zoom or MS Teams anywhere in Australia or internationally.
It is specific to sexual harassment in the workplace and is designed for individuals who have had issues in relation to their behaviour that may constitute sexual harassment and/or as part of remedial action have had training and coaching in understanding sexual harassment recommended.
This program contains the same content as the employee version and can be combined with the understanding workplace misconduct program.
Contact us
If you would like more details or would like to discuss making a booking, please contact us via email – enquiries@awpti.com.au or by phone on 0409 078322
For organisations or businesses who wish to have internal courses for their employees we have a flat rate with no limit on participants, please contact us for details, recommended if you have 3 or more participants.
In addition for organisations only this course can be conducted in person. As I am based in Sydney an in person course outside of Sydney may incur travel and other expenses, please contact me and I arrange a detailed quote. phil@awpti.com.au
