Why Positive Duty Compliance Is Now an Urgent Executive Priority

| August 13, 2026

The landscape of workplace regulation in Australia has fundamentally shifted.

Senior executives, business owners, and corporate directors can no longer treat the prevention of sexual harassment, sex discrimination, and victimisation as a reactive human resources matter. Instead, proactive compliance is now a mandatory governance obligation requiring organisations to implement reasonable and proportionate measures to eliminate unlawful conduct as far as possible.

Recent reporting by Workplace Express¹ (Workplace Express, 2026) highlights an increasingly active regulatory environment. Sex Discrimination Commissioner Anna Cody confirmed that the Australian Human Rights Commission (AHRC) is currently conducting six formal inquiries into employer conduct across the following industries:

retail,
financial services,
media and communications, and
transport sectors.

In addition, the AHRC is actively monitoring another 18 employers collaboratively—including small businesses across finance, retail, accommodation, and food services—as they work to uplift their systems, internal policies, and operational practices.

Rising Complaint Trends and Regulatory Scrutiny

Data published by Workplace Express reveals a sharp trajectory in formal statutory complaints and dispute lodgements:

Positive Duty Complaints: The AHRC has received 143 complaints specifically alleging positive duty breaches since December 2023.

Surging Discrimination Lodgements: Annual sex discrimination and sexual harassment complaints to have grown steadily, rising from 395 in 2023–24, to 442 in 2024–25, and reaching 545 in 2025–26.

Fair Work Commission (FWC) Escalations: In 2024–25, 47% of sexual harassment dispute applications lodged with the FWC resulted in certificates confirming the dispute could not be resolved, clearing the pathway for employees to commence court proceedings or enter consent arbitration.

System Backlogs: The AHRC currently maintains a seven-month backlog of sexual harassment complaints, driven by increased public awareness and expanded support through Working Women’s Centres.

AHRC – Handling Alleged Breaches

Commissioner Cody emphasised that while the AHRC prefers a cooperative regulatory approach and actively works with employers to build cultural change, unresolved non-compliance can escalate to formal findings, recommendations, compliance notices, and court enforcement. The first positive duty matters processed through the Commission are expected to reach the federal courts next year.

Workplace Express also reported that the AHRC is also launching a small business hub to assist in managing the compliance burden given the prevalence of sexual harassment in small businesses.

Employers Expected To Be Proactive

The Commissioner also stated that many employers are engaging with the AHRC to adopt a positive approach to sexual harassment, sex discrimination, and victimisation. Further, the Commissioner expressed her view that awareness is increasing, and so to is the action to ensure steps are taken to ensure positive duty compliance.

Positive duty guidelines are available from the AHRC website HERE.

Supporting Positive Duty Compliance

Meeting your positive duty obligations requires more than policies alone. Employers must be able to demonstrate they have implemented practical, effective measures to eliminate unlawful workplace conduct.

IRiQ Law can assist with legal advice, sexual harassment prevention plans, tailored workplace policies, workplace investigations, manager and employee training, and practical compliance support tailored to your organisation.

Whether you need template resources or a fully customised compliance framework, we can help your business meet its positive duty obligations with confidence.