'Positive duty' under the Sex Discrimination Act

Ticket sales close 12 March 2025 to allow time for training materials to be mailed to attendees.

Time/Duration: Two half-days - 9.00am – 12.30pm each day

Key learning outcomes

• Understand the law in relation to workplace sexual harassment and the new type of harassment: sex-based harassment
• Learn the type of conduct that might constitute sexual harassment, as well as new risks related to the conduct of employees outside of the traditional workplace
• Understand he potential legal impacts of sexual harassment claims
• Discover how to create a harassment free workplace – best practice guidance on steps your organisation can take to effectively prevent and mitigate the risk of sexual harassment in the workplace
• How to respond to to reports of sexual harassment in the workplace and how to go about addressing inappropriate workplace behaviour

Course Overview

In response to the continual rise of sexual harassment as a "hot topic" issue in Australian workplaces in late 2022 the Federal Government changed the law to impose a new 'positive duty' on all employers. This positive duty requires all employers to take proactive steps to eliminate sexual harassment from occurring in the workplace - simply responding to sexual harassment complaints when they arise is no longer enough!

This means all employers, no matter how big or small, need to take a far more proactive approach to eliminate sexual harassment and discrimination in the workplace before it occurs or risk of being held legally responsible for any acts of sexual harassment in the workplace.

In light of these changes, employers should be moving away from a reactive model of dealing with harassment issues towards a far more preventative approach to all forms of discrimination, harassment and victimisation in the workplace.

This course will touch on the extensive changes employers need to be aware of, providing you with the knowledge to implement key changes and make the process as smooth as possible. A failure to understand and manage this new legislation could result in significant liability for employers.

This course also outlines how certain behaviours can constitute sexual harassment and may be against the law, and addresses how to develop and implement legally compliant and effective employee behaviour policies and procedures to prevent and respond to sexual harassment in the workplace.

Register now to upskill and get ahead.

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Schedule each day

8:45am - Virtual waiting room opens
9:00 am - Training commences
12:30 pm - Training concludes
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About the trainer

Kate Thomson
Associate Director
Australian Business Lawyers & Advisors (ABLA)

Kate is a specialist employment and industrial relations lawyer skilled in providing targeted, timely and relevant advice to clients managing workforces from small to large. She is also experienced in work health and safety matters including investigations and prosecutions.

Where conflict cannot be resolved at the workplace level, Kate is experienced in representing employers in relation to unfair dismissal claims, general protections claims and notifications of dispute in the relevant tribunal.

Kate is able to provide advice and assistance to clients at all stages of the employment life cycle, from recruitment, to employment contracts, performance management, workplace investigations, disciplinary processes and termination of employment.

Based in the firm’s Newcastle office, Kate’s clients have included government entities, Councils, listed companies and small to medium enterprises. They represent a broad range of industry sectors including mining and resources, finance, utilities, education, manufacturing and civil construction. She is a regular author and presenter on a range of employment and work health and safety related topics.

Kate is a long-standing member of the Newcastle Law Society management committee, as well as an involved member of the Industrial Relations Society of NSW (Newcastle Branch). She is also proud to support the University of Newcastle Legal Centre and helps to foster the next generation of young legal talent by supervising placement students from the University.  

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FAQs

What is included in the price?

Course training booklet will be sent via post. Please provide the address when booking, and please provide your home address if working from home and would like it sent there. No soft copies of the materials will be provided.

Note that cost is per person. 

Who can attend?

This course is open to all organisations excluding other legal service providers and consultants.

Suited for: Senior HR executives, HR Managers, Business Owners, People and Culture Managers, Directors, HR Business partners and anyone responsible for managing employees.

How can I contact the organiser with any questions?

Contact Catriona Johnston on 02 9466 4340 or catriona.johnston@ablawyers.com.au

What's the refund policy?

Participants will receive a full refund if they cancel at least seven (7) business days prior to the scheduled event. However, if participants cancel less than seven (7) business days before the event, no refund will be made. The place can be transferred to another member of the paid organisation. No-shows or cancellations after 7 days will receive the course training material and supporting documents. If there are insufficient participants, we reserve the right to cancel the event and participants will be transferred to another module of equal value or receive a full refund at their election. We will give three business days’ notice of any such cancellation.

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This session is conducted subject to everyone agreeing to the Chatham House Rules which means that participants can use the information in practice in their business but should not identify any organisation, individual or information that can be used to identify any organisation, individual or information that can be used to identify them.