December 2021
Building a preventative culture
Introduce regulatory mechanisms to enforce the positive duty
4.
In its introductory phase, there should be a significant focus on co-regulatory mechanisms to embed
understanding of the positive duty with new functions for the Commission such as the ability to
conduct voluntary audits.
However, on its own, this is not adequate and there should be enforcement mechanisms that also
attach to the positive duty to ensure that it is of sufficient importance to shift culture, such as the
ability for the issuance of compliance notices and enforceable undertakings.
Enforcement mechanisms are discussed in Chapter 3, sections 5 and 6.
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