Workplace sexual harassment is no longer just a reputational risk — it’s now a compliance issue that every Australian business must address. With the introduction of the Respect@Work reforms and the positive duty under the Sex Discrimination Act, the Australian Human Rights Commission (AHRC) has set out seven Standards that employers are expected to meet.
For small to medium businesses (SMEs), these changes can feel overwhelming. But the risks of ignoring them — including investigations, compliance notices, and costly claims — are far greater.
This article explains the seven AHRC Standards, what they mean in practice, and how HR consultants like ER Focus can help you comply in a cost-effective way.
What Is the Positive Duty?
Since December 2022, all Australian employers have a positive duty to take “reasonable and proportionate measures” to eliminate:
- Sexual harassment
- Sex-based harassment
- Hostile workplace environments on the grounds of sex
- Victimisation linked to complaints
This shifts the law from being reactive (only dealing with harassment once it occurs) to proactive (requiring employers to prevent it in the first place).
From December 2023, the AHRC gained new enforcement powers. It can:
- Investigate businesses suspected of non-compliance
- Issue compliance notices
- Enforce compliance through the Federal Court
The Seven AHRC Standards
The Commission has identified seven Standards as a practical framework for compliance. These aren’t optional — they’re what the AHRC expects employers to implement.
1. Leadership
- Senior leaders must take responsibility for creating respectful workplaces.
- Set the tone at the top
- Allocate resources for prevention
- Be visible in supporting anti-harassment initiatives
2. Culture
- Workplaces should actively promote equality and respect.
- “Zero tolerance” must be more than words on paper
- Encourage bystanders to call out poor behaviour
- Reinforce values through recognition, not just discipline
3. Knowledge
- Everyone in the workplace should understand their rights and responsibilities.
- Regular training for managers and staff
- Clear policies written in plain language
- Accessible induction materials for new hires
4. Risk Management
- Sexual harassment must be treated as a work health and safety risk.
- Identify “hot spots” where risks are higher (e.g. late-night shifts, remote working, client interactions)
- Put controls in place to reduce risks
- Review risks regularly, just like physical safety hazards
5. Support
- Victims and witnesses must be able to access safe, confidential support.
- Provide multiple reporting channels
- Offer access to EAP or external counselling
- Protect confidentiality and prevent victimisation
6. Reporting and Response
- Employers must have trusted processes for reporting and handling complaints.
- Complaints must be taken seriously and investigated fairly
- Both complainant and respondent must be heard
- Processes should be timely, impartial, and well-documented
7. Monitoring, Evaluation, and Transparency
- Compliance is an ongoing responsibility.
- Track complaints and outcomes
- Conduct regular staff surveys and cultural reviews
- Share results transparently with employees to build trust
- What Happens If You Don’t Comply?
For SMEs, failing to meet the Standards could mean:
- An AHRC investigation
- A legally binding compliance notice
- Federal Court enforcement action
- Parallel risks under Work Health and Safety law
- Reputational damage and loss of employee trust
How ER Focus Helps SMEs Meet the Standards
For small businesses without an in-house HR team, meeting the AHRC Standards can be daunting. That’s where ER Focus comes in. We provide:
- Policy development aligned with Respect@Work reforms
- Training and awareness sessions for managers and staff
- Risk assessments to identify harassment hotspots
- Independent investigations into complaints
- Cultural reviews and ongoing monitoring support
Unlike law firms, we focus on prevention and resolution, delivering cost-effective, practical solutions that protect your business and people.
Final Word
The AHRC Standards are not optional — they’re the new benchmark for Australian workplaces. For SMEs, the key is to take action now: build policies, train staff, and create a respectful workplace culture before issues arise.
With ER Focus, you gain a partner who understands the legal landscape, but who also provides practical, affordable support tailored to your business.
Need advice?
For a complimentary workplace investigations procedural fairness consultancy discussion, contact David directly.
David Haydon
Workplace Investigations Consultant
Disclaimer. This article provides general information only and is not intended as legal advice. Every workplace matter is different, and employers should seek professional advice tailored to their circumstances. ER Focus is not a law firm. Where legal advice is required, we work with trusted employment lawyers and can assist in making referrals.