December 2021 Contents Chapter 2: Building a preventative culture Chapter 2 1 Focusing on capacity to bring about change 55 2 A positive duty to take measures to eliminate unlawful discrimination 58 2.1 Shifting the focus to prevention 58 2.2 Addressing systemic discrimination 60 2.3 Comparative experience 62 (a) 62 Victoria (b) UK Equality Act 2010: Public Sector Equality Duty 64 (c) 68 Work Health and Safety 2.4 A positive duty in federal discrimination laws (a) Alignment with the expectations of the United Nations Guiding Principles on Business and Human Rights 75 (b) Enabling compliance 75 (c) 77 The value of a positive duty 2.5 Reform proposals – building a preventative culture 4 70 79 FREE AND EQUAL An Australian Conversation on Human Rights