Section 1: Introduction Positive duties Recommendation 17: Amend the Sex Discrimination Act to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible. In determining whether a measure is reasonable and proportionate, the Act should prescribe the factors that must be considered including, but not limited to: a. the size of the person’s business or operations b. the nature and circumstances of the person’s business or operations c. the person’s resources d. the person’s business and operational priorities e. the practicability and the cost of the measures f. all other relevant facts and circumstances. Recommendation 18: The Commission be given the function of assessing compliance with the positive duty, and for enforcement. This may include providing the Commission with the power to: a. undertake assessments of the extent to which an organisation has complied with the duty, and issue compliance notices if it considers that an organisation has failed to comply b. enter into agreements/enforceable undertakings with the organisation c. apply to the Court for an order requiring compliance with the duty. Australian Human Rights Commission powers Recommendation 19: Amend the Australian Human Rights Commission Act to provide the Commission with a broad inquiry function to inquire into systemic unlawful discrimination, including systemic sexual harassment. Unlawful discrimination includes any conduct that is unlawful under the federal discrimination laws. The Commission should be given powers to require: a. the giving of information b. the production of documents c. the examination of witnesses d. with penalties applying for non-compliance, when conducting such an inquiry. Aiding or permitting an unlawful act Recommendation 20: Amend section 105 of the Sex Discrimination Act to ensure that it applies to sexual harassment. 44