December 2021 Building a preventative culture Perhaps more significantly, in the Respect@Work report the Commission expressed its confidence that a positive duty in discrimination law would operate in a mutually reinforcing manner and not lead to duplication: Ultimately, with these differing but complementary approaches, the two positive duties would work in a mutually reinforcing way. The Commission would also assist employers to comply with the positive duty by providing information and support, including: • promoting awareness about the law and issuing guidance materials on the steps required to comply with the positive duty • providing education and training support to employers on the law and best practice measures to comply with the positive duty. The Commission considers that an enforceable positive duty would help to ensure employers engage with their legal obligations. It would also provide both a collaborative and enforceable mechanism for employers to work with the Commission and engage in the Commission’s processes in a full and meaningful way and to effect change.90 74 FREE AND EQUAL An Australian Conversation on Human Rights

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