The new Australian Positive Duty and what it means to you - Part 2: Meeting the Seven Standards
Tym Lawrence
Sales / presales leader in software & services - strong background in digital transformation, data & AI, solution consulting & delivery and product management & marketing.
Introduction
Welcome to Part 2 of this three part series.
In Part 1 , I explored the genesis of this groundbreaking legislation, its implications for businesses, and reviewed how far we've progressed.
In this article I’ll dive deeper into the seven standards and look at the actions every workplace needs to take to create safer, more inclusive workplaces.
Disclaimer: While I am providing consulting services to RepSafe Pty Ltd, this article was written in my private capacity and does not represent the views or opinions of that, or any other, company. This article should not be taken as legal or other professional advice.
The Seven Standards
The positive duty introduces seven standards that organisations must adhere to:
I tend to group these into two headings:
Strategic Standards: Building the Foundation
1. Leadership
Senior leaders must ensure appropriate measures are developed and implemented in a 'prevention and response plan.' They need to review the effectiveness of these measures, regularly update everyone, and set an example.
2. Culture
Organisations should strive for a culture that is safe, respectful, inclusive, values diversity and gender equality, and empowers everyone to report unlawful conduct while holding people accountable.
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3. Knowledge
This standard pertains to policies that define expectations, standards, and consequences related to sexual harassment and discrimination. It also includes regular training programs to educate employees about their rights, responsibilities, and the importance of a respectful workplace culture.
4. Risk Management
This is about taking a risk-based approach to prevention and response. Here you’d identify and assess the risk of unlawful conduct occurring, as well as its impact, and then implement and regularly review control measures.?
Tactical Standards: Responding Effectively
5. Support
The Support standard emphasises making appropriate assistance and help readily available to anyone who experiences or witnesses relevant unlawful conduct. Importantly, people should have access to this support, regardless of whether they decide to report the conduct or not. Sadly, many individuals who experience unlawful conduct at work choose not to report it. Therefore, ensuring support availability is paramount.
6. Reporting and Response
The Reporting and Response standard focuses on providing suitable options for reporting incidents while ensuring that responses to these reports are consistent, timely, and minimise further harm to those involved. It's about creating a safe and supportive environment for individuals to come forward with their experiences.?
To achieve this standard effectively, organisations can turn to resources like the Good Reporting Framework on the Respect@Work site, which offers practical guidance based on nine key principles. In Part 3 of this series will look deeper into this Framework and how online solutions, such as RepSafe , can play a vital role in providing secure avenues for internal and external reporting, along with support for anonymity.
7. Monitoring, Evaluation & Transparency
The final standard, Monitoring, Evaluation & Transparency, centres on collecting data to understand the nature and extent of unlawful conduct. This data serves as a foundation for improving workplace culture and preventing future incidents. Transparency plays a critical role, as organisations should use de-identified data to inform everyone about trends, patterns, and lessons learned. Once again, online reporting solutions like RepSafe can facilitate this process, ensuring that data is collected and utilised effectively.
Wrap-Up and Part 3?
In this part, I’ve explored each of the seven standards, and identified key actions that every business needs to take. In the final part 3, I'll focus deeper on the three tactical standards and provide practical tips for implementing these effectively. That includes some essential considerations when selecting technology for reporting and monitoring of incidents.
In the meantime, here are those useful links again.