Understanding “Positive Duty”, workplace behaviours, and what prevention really looks like in practice.
Sexual harassment remains one of the most significant compliance and cultural risks for Australian employers. In recent years, claims have increased across multiple industries, particularly where power imbalances, customer interaction, or informal workplace cultures exist.
With the introduction of the “Positive Duty” under the Sex Discrimination Act (link), employers are now legally required to take proactive and preventative steps to eliminate sexual harassment and related unlawful conduct - not just respond once something goes wrong. While enforcement and regulatory focus is currently most visible in Queensland, this represents a national shift in expectations, with other states and territories following the same direction.
For hospitality operators, tourism businesses, clubs, and professional service employers, now is the ideal time to review workplace conduct, behaviours, and prevention measures before issues escalate.
“Sexual harassment prevention is no longer optional, it’s a legal obligation for employers.” - Astrowave
1. Industries Most at Risk of Sexual Harassment Claims
While sexual harassment can occur in any workplace, certain industries consistently face higher risk due to the nature of the work, workforce demographics, and operating environments.
Industries most commonly exposed include:
- Hospitality, tourism, and accommodation (high customer interaction, late hours, junior workforces);
- Clubs and community organisations (member interactions, informal cultures);
- Retail and service based industries; and
- Professional services (power imbalances, hierarchical structures).
In these environments, inappropriate behaviour is often minimised or normalised until it becomes a serious legal and reputational issue.
“High-risk industries aren’t bad employers, they’re often just underprepared.” - Astrowave
2. Understanding Positive Duty in Practice
“Positive Duty” requires employers to take reasonable and proportionate measures to prevent:
- Sexual harassment;
- Sex-based harassment;
- Hostile workplace environments; and
- Victimisation.
This means employers must actively assess risks, implement controls, and regularly review whether their prevention measures are working. Waiting for a complaint is no longer sufficient.
In practice, “Positive Duty” looks like:
- Clear expectations around behaviour;
- Regular training and education;
- Strong leadership accountability;
- Accessible reporting pathways; and
- Ongoing review of workplace culture.
“Positive Duty shifts employers from reactive response to proactive prevention.” - Astrowave
3. Reasonable vs Unreasonable Behaviour
One of the most common areas of confusion for employers and employees alike is the difference between reasonable workplace management and unreasonable or unlawful behaviour.
Reasonable behaviour may include:
- Performance management carried out respectfully;
- Giving clear instructions or feedback; and
- Setting expectations around conduct and behaviour.
Unreasonable or unlawful behaviour may include:
- Sexual comments, jokes, or gestures;
- Unwelcome physical contact;
- Persistent or intrusive questions of a personal nature; and
- Behaviour that creates a hostile or intimidating environment.
Clear policies and training help teams understand where these lines sit and reduce the risk of misunderstandings or harm.
“Intent doesn’t matter, impact does.” - Astrowave
4. Harrassment vs Bullying and Why the Difference Matters
While harassment and bullying are often spoken about together, they are legally distinct concepts and require different considerations.
Sexual harassment is unwelcome conduct of a sexual nature, while bullying involves repeated unreasonable behaviour that creates a risk to health and safety.
Understanding this distinction matters because:
- Legal obligations differ;
- Investigation processes may differ; and
- Controls and prevention strategies may vary.
Employers must ensure both risks are addressed clearly within policies, training, and reporting frameworks.
“Clear definitions create safer workplaces.” - Astrowave
5. Prevention Starts with Systems, Not Statements
Posters and policies alone do not meet “Positive Duty” obligations. Prevention requires systems that are embedded into everyday operations.
Effective prevention includes:
- A tailored sexual harassment prevention plan;
- Clear conduct and psychosocial safety policies;
- Leadership modelling expected behaviours;
- Regular, role appropriate training; and
- Periodic reviews of workplace culture and risks.
Taking these steps not only reduces legal exposure but builds trust, safety, and confidence across teams.
“Culture is shaped by what leaders let slide, address, and prioritise.” - Astrowave
If you’re unsure whether your business is meeting its Positive Duty obligations, now is the time to review your approach.
Astrowave supports employers with:
- Practical, tailored and compliant Sexual Harassment Prevention Plans
- Policy bundles for leaders and teams
- Conduct, psychosocial safety and Respect@Work-aligned frameworks
Contact Astrowave to start the conversation and take a proactive, preventative approach to workplace compliance.