Positive Duty Sexual Harassment Training

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 the 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 positive duty shifts the burden from individuals making complaints to employers taking proactive and preventative action.

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. For more details about compliance obligations click here

Positive Duty Sexual Harassment Training – How can AWPTI help?

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:

• What is sexual harassment?
• What is sex discrimination?
• Sex Discrimination law
• What is the workplace in 2023?
• 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

* Australian Human Rights Commission

The session includes discussion around actual sexual harassment investigation cases and the Myth Busting 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.

Positive Duty – Understanding Sexual Harassment 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

Positive Duty – Understanding Sexual Harassment Organisation 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

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 me for assistance – enquiries@awpti.com.au