Positive duty self-audit
Rate your organisation against the seven standards the Australian Human Rights Commission uses for the positive duty to prevent workplace sexual harassment, and see your gaps ranked.
Figures checked 5 November 2026. Free to use, no sign-in.
Positive duty readiness
Overall readiness
Not rated yet
The duty
Section 47C of the Sex Discrimination Act requires employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and related conduct as far as possible. The Australian Human Rights Commission has been able to enforce it since 12 December 2023. Its guidance sets seven standards, applied with four principles: consultation, gender equality, intersectionality, person-centred and trauma-informed.
- Rate how established each practice is: Not started, Developing, Established (in place) or Embedded (in place, used and reviewed). Unsure answers are left out of the score and listed to follow up.
- Each standard scores the average of its questions; the overall score averages the standards you rated. This is a self-assessment aid, not a legal test or a finding of compliance.
General information, not legal advice.
How this works
Each standard has two or three statements to rate from Not started (1) to Embedded (4). A standard’s score is the average of its rated statements, and the overall score averages the rated standards. Bands: Not started (under 1.5), Developing (1.5 to 2.4), Maturing (2.5 to 3.4) and Embedded (3.5 and over).
Unsure answers are left out of the score and listed to follow up, so being unsure never lowers your result.
The standards are the Commission’s guidance on how to comply. The legal duty itself is in s 47C of the Sex Discrimination Act.
Legal basis
- Sex Discrimination Act 1984 (Cth) s 47C: positive duty
- Australian Human Rights Commission: quick guide to complying with the positive duty
Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.
Questions
What is the positive duty?
Under s 47C of the Sex Discrimination Act, employers and persons conducting a business must take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment and related unlawful conduct connected with work. It is about preventing harm, not only responding to complaints.
Who enforces it?
The Australian Human Rights Commission. Since 12 December 2023 it can run inquiries where it suspects non-compliance, give compliance notices and apply to a federal court to enforce them.
What are the seven standards?
Leadership; culture; knowledge; risk management; support; reporting and response; and monitoring, evaluation and transparency. The Commission uses them to assess whether an organisation is meeting the duty, applied with four guiding principles: consultation, gender equality, intersectionality, and being person-centred and trauma-informed.
Does it apply to small businesses?
Yes. The duty applies whatever the size of the business, but what is reasonable and proportionate depends on the business’s size, resources and risks. The Commission has published a resource for small business.
How does this relate to WHS law?
Sexual harassment is also a work health and safety risk, so WHS duties to manage psychosocial risks apply as well. The positive duty adds to those obligations rather than replacing them.
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