Respect at Work, Positive Duty Enforcement is here – is your workplace ready?

The Australian Human Rights Commission is stepping up enforcement of the positive duty under the Sex Discrimination Act. It’s a clear message to employers: the era of reactive responses is over. It’s time to act—proactively and meaningfully.

In 2024–25, the Commission launched formal inquiries into four major employers across high-risk industries: retail, hospitality, finance, and transport. These inquiries—triggered by media reports, worker complaints and information from other regulators—cover a combined workforce of 7,500 people. At the same time, the Commission supported 35 additional employers to strengthen their workplace culture and compliance.

The message is clear: regulators are watching, and proactive compliance is no longer optional. The focus for 2025–26? Retail and hospitality. These sectors employ large, often casualised workforces, many of whom face elevated risks of sexual harassment and related harm. A targeted compliance survey will be rolled out for large retailers, with hospitality close behind. New tools, training packages and industry-specific resources are being developed—with senior leaders a key audience.

Elevate has long supported organisations to meet their positive duty. We’ve helped businesses understand the seven standards, assess their culture, and design effective, intersectional control measures that go beyond checkbox compliance. Now, with formal inquiries underway and proactive investigations ramping up, this work is more important than ever

We’re here to help. Whether you’re a large employer wanting to benchmark your current state, or a small business seeking to create a safer workplace—we can support you to meet your legal obligations and foster a culture where everyone feels safe, respected and heard.Because doing nothing is no longer an option. And every worker deserves better.