Positive duty: preventing and responding to workplace sexual harassment - Insights from Australian directors

Three years on from the release of the Respect@Work Report, a positive duty for all employers to take reasonable and proportionate measures to eliminate workplace sexual harassment and other harmful conduct has been introduced.

To support directors navigate this new landscape the AICD undertook this research with ACSI to understand boards’ preparedness for these new obligations.

The findings report, Positive duty: preventing and responding to workplace sexual harassment – Insights from Australian directors, provides real-world insights from experienced ASX listed company directors on their board oversight practices, identifies common challenges that directors face and highlights better governance practices.

Key findings for directors

Informed by a survey and interviews with ASX listed company directors, the research reveals that:

• There has been a growing focus on sexual harassment among boards, but sentiment on readiness and understanding of the full scope and obligations of the positive duty is mixed.
• Directors would like to see management prioritise initiatives to prevent workplace sexual harassment and other positive duty conduct and be proactive, not reactive, in putting these issues on the board’s agenda;
• Leading organisations are integrating sexual harassment and other positive duty conduct into workplace health and safety risk management frameworks, but there has been slow progress in treating psychosocial hazards with the same priority as physical safety concerns;
• Gaining adequate visibility over organisational culture is a key priority for directors often requiring the triangulation of different data and information;
• Accelerating progress on gender equality initiatives and diversity and inclusion within the organisation is seen as a key lever for creating a safe and respectful workplace culture;
• Lifting reporting rates and establishing a ‘speak up’ culture remains a key challenge for organisations; and
• Organisations that are transparent and share information about sexual harassment and other positive duty conduct report a significant positive impact on workplace culture.

While the research has assessed the perspectives and practices of ASX 300 company directors, the recommendations in this report are intended to assist directors of organisations of all sizes and sectors in meeting their obligations under the positive duty.

The report also provides clear, targeted questions that directors may ask their management teams to ensure they have active oversight of measures to address workplace sexual harassment and other positive duty conduct.

The AICD's Director's Guide to the Positive Duty also provides complementary practical guidance for directors to meet their positive duty obligations.