In December 2022, the Australian government passed the Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022, marking a pivotal moment for workplace safety and equity. Building on the recommendations from the Respect@Work Report, these amendments signal a clear shift: from reactive compliance to proactive prevention of workplace harassment.
For employers and HR leaders, the message is clear—workplace respect is not just a value, it’s a legal obligation.
Key Changes from the 2022 Respect@Work Amendments
A New “Positive Duty” for Employers
The cornerstone of the amendments is the introduction of a positive duty. Employers and persons conducting a business or undertaking (PCBUs) must now take reasonable and proportionate measures to eliminate:
- Sex discrimination
- Sexual harassment
- Sex-based harassment
- Hostile workplace environments
- Victimisation
This goes beyond traditional compliance. Employers are now expected to take action before harm occurs—not only after a complaint is filed.
Prohibition of Hostile Work Environments
The law now explicitly prohibits conduct that creates a hostile workplace environment on the ground of sex, even if no one is directly targeted. This includes:
- Inappropriate jokes or remarks
- Display of offensive materials
- Ongoing commentary or behaviors that contribute to a culture of disrespect
If a reasonable person would anticipate that the conduct might offend, humiliate, or intimidate someone because of their sex, it could constitute a legal violation.
New Powers for the Human Rights Commission
Starting in December 2023, the Australian Human Rights Commission (AHRC) was granted new enforcement powers, including the ability to:
- Investigate whether employers are meeting their positive duty
- Issue compliance notices for breaches
- Conduct systemic inquiries into workplace discrimination
- Seek court orders to enforce compliance
These powers give the AHRC the ability to proactively hold organizations accountable, even without a formal complaint from an individual.
Support for Workers Through Representative Action
The amendments also enable representative bodies, such as unions and advocacy organizations, to initiate legal proceedings on behalf of workers if a matter isn’t resolved through the AHRC conciliation process. This increases access to justice and eases the burden on individuals.
Additionally, victimisation—retaliation against someone for raising a concern or supporting a colleague—is now clearly recognized as both a civil and criminal offense.
Extended Timeframe for Complaints
Employees now have 24 months (up from 6 months) to file a complaint under federal anti-discrimination laws, providing more time for individuals to assess their situation and come forward when they feel ready.
What Employers Should Do Next
These legislative reforms require more than a policy update—they demand a workplace culture grounded in respect and prevention. Employers should:
- Update internal policies to reflect new legal standards
- Invest in regular employee and manager training focused on respectful conduct and bystander intervention
- Encourage early reporting and respond promptly to any concerns raised
- Create a safe reporting environment free from fear of retaliation
- Document efforts to demonstrate compliance with the positive duty
Support for Australian Workplaces
The Respect@Work amendments set a new national standard: respect isn’t just best practice—it’s the law. To help organizations meet this standard, Emtrain offers a dedicated Australian Workplace Harassment Training Course, aligned with the Respect@Work reforms and designed to meet both legal and cultural needs.
Through scenario-based learning and actionable guidance, our training equips employees and managers to identify inappropriate behavior, speak up early, and help create a safer, more inclusive workplace.
