Proactive Duty to Prevent Unlawful Behaviour in the Workplace

South Australia has recently introduced a new Bill for review, with the intent to impose a positive duty on employers to eliminate sexual harassment, discrimination and victimisation in workplaces.

The Equal Opportunity (Unlawful Acts at Workplace) Amendment Bill 2021 states that all persons with management and control of a workplace must take reasonable steps to prevent, as far as possible, prescribed unlawful acts at the workplace, which includes Victimisation, Sexual Harassment, and Discrimination.

Workplaces will need to ensure their health and safety systems and processes not only effectively and reasonably responds to allegations of unlawful and unreasonable behaviour in the workplace, but that those systems and processes look to identify potential risk or threats which may result in unlawful behaviour. Then undertake regular reviews of the workplace to identify potentially unlawful behaviour occurring and to ensure all staff are trained in company Vision, Values and Rules regarding safe and reasonable behaviour in the workplace.

“By building clear processes, an empowered workforce and a strong and positive culture, organisation’s can look to provide a workplace is free of sexual harassment and discrimination” Says Dr Stephen Weber