With the Respect@Work Amendments now in effect, the Australian Human Rights Commission (AHRC) has been empowered with new authority to investigate and enforce workplace compliance with anti-discrimination and harassment laws. One of the most significant enforcement tools the AHRC can use is the workplace audit—an examination of an organization’s policies, practices, and culture to ensure they meet the legal standards under the positive duty.
For HR professionals and business leaders, preparing for a potential AHRC audit is essential—not just to avoid penalties, but to foster a workplace where respect and safety are genuinely prioritized.
What is an AHRC Workplace Audit?
A workplace audit by the AHRC involves a detailed review of how an organization manages:
- Sexual harassment
- Sex-based discrimination
- Hostile work environments
- Victimisation and retaliation
The audit may include reviewing documents, policies, training programs, complaint records, and employee feedback. The goal is to assess whether an organization is actively taking reasonable and proportionate measures to eliminate sex discrimination and harassment, as required by the positive duty.
Why the AHRC Is Conducting Audits
The 2022 Respect@Work amendments gave the AHRC powers to not only investigate individual complaints but also:
- Monitor systemic compliance
- Identify organizational risk factors
- Ensure proactive prevention, not just reactive responses
Workplace audits enable the AHRC to hold organizations accountable on a broader scale, encouraging ongoing commitment to creating safe, respectful work environments.
Steps to Prepare for an AHRC Workplace Audit
1. Review and Update Policies and Procedures
Ensure your anti-discrimination and harassment policies reflect the latest legal requirements and the positive duty obligations. Policies should be clear, accessible, and communicated regularly to all employees.
2. Document Training and Education Efforts
Maintain detailed records of all harassment prevention training, including dates, attendance, and content. Evidence of regular, comprehensive training programs is critical during an audit.
3. Monitor Workplace Culture and Employee Feedback
Use surveys, focus groups, or other tools to gauge employee perceptions of workplace respect and safety. Identify patterns of behavior that may indicate risk areas, and track your progress on improvement initiatives.
4. Keep Complaint and Investigation Records Organized
Ensure complaints are documented promptly, investigations are thorough, and resolutions are tracked. Proper record-keeping demonstrates your commitment to addressing issues swiftly and fairly.
5. Foster a Culture of Accountability
Promote open communication channels where employees feel safe raising concerns without fear of retaliation. Leadership should visibly support respectful workplace standards.
6. Conduct Internal Audits and Gap Analyses
Regularly self-assess compliance efforts using internal audits or external consultants. Identify weaknesses and implement corrective actions before any formal AHRC audit occurs.
How Emtrain Supports Australian Organizations in Audit Readiness
Emtrain’s Australian Workplace Harassment Training and culture analytics tools help organizations build strong foundations for compliance with Respect@Work legislation. But our support doesn’t stop there.
Litigation Report Package Included for All Clients
Every Emtrain client—whether using our platform or sponsoring our content on their own LMS—receives access to our Litigation Report Package. This package includes:
- A detailed audit trail of every learner’s activity, down to the minute and second
- Data on course progress, video views, and learner interactions
- Verification of completion and behavioral engagement
- Expert witness testimony, when needed, to support a legal defense
Founded by an employment litigator, Emtrain’s solution is designed with litigation support in mind. In the event of a harassment or discrimination claim, this level of admissible evidence can be pivotal in demonstrating the company’s commitment to compliance and culture.
Final Thoughts
Preparing for a workplace audit by the AHRC isn’t just about avoiding legal consequences—it’s an opportunity to affirm your commitment to a respectful, safe, and inclusive workplace culture. By staying proactive, transparent, and data-informed, your organization can meet the expectations of the Respect@Work amendments and build trust among your workforce.
