Guide · updated November 2026

The positive duty to prevent sexual harassment: a small business guide

All employers and PCBUs also have a positive duty under the Sex Discrimination Act 1984 (s 47C) to take reasonable and proportionate steps to eliminate sexual harassment, sex-based harassment and related victimisation, as far as possible. Size is a factor in what's reasonable, but small businesses aren't exempt. The Australian Human Rights Commission has had compliance powers since 12 December 2023.

A prevention plan in seven parts

  1. Leadership: the owner states zero tolerance and models it
  2. Culture: clear expectations, and address incivility early
  3. Knowledge: policy and training for everyone, with extra training for managers
  4. Risk management: assess risk factors such as customer contact, alcohol, isolated work and power imbalances
  5. Support: confidential support for people affected
  6. Reporting and response: multiple channels, fair and timely responses, and no victimisation
  7. Monitoring: track reports, survey, review, improve

Sources: Safe Work Australia: model Code of Practice: Managing psychosocial hazards at work · WorkSafe Victoria: new psychological health regulations · SafeWork NSW: legislation · WorkSafe Queensland: People at Work (free survey) · Australian Human Rights Commission: positive duty

Get your psychosocial safety system done

Take the free compliance check, then build a risk register for all 14 hazards (rated for your industry), an action plan, policies, a worker survey and a positive duty prevention plan.

Free compliance check Build my system

More: Psychosocial risk assessment: a template that works · The 14 common psychosocial hazards, with examples and controls · NSW: the psychosocial Code became comply-or-justify on 1 July 2026 · Victoria's Psychological Health Regulations: what employers must do · Queensland's psychosocial hazards Code: employer checklist · Bullying and harassment policy: what to include · Psychosocial hazards in office / professional services · Psychosocial hazards in retail · Psychosocial hazards in hospitality · Psychosocial hazards in construction / trades