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
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FREE AND EQUAL An Australian Conversation on Human Rights