Sex Discrimination Act changes
Following the introduction of positive duty changes to the Sex Discrimination Act 1984, new compliance functions and powers came into effect on 12 December 2023. These changes give the Australian Human Rights Commission new inquiry and enforcement powers to ensure that organisations and businesses, including Australian Public Service agencies, are complying with the Act.
All APS agencies now have a positive duty to eliminate, as far as possible, these unlawful behaviours from occurring:
- discrimination on the grounds of sex in a work context
- sexual harassment in connection with work
- sex-based harassment in connection with work
- conduct creating a workplace environment that is hostile on the grounds of sex
- related acts of victimisation.
The Australian Public Service Commission is supporting APS agencies and employees to embed these changes into their workplaces. It is assisting agencies to strengthen their policies and processes. It is incorporating respectful behaviours into the Senior Executive Service (SES) performance leadership framework and in many of its learning products and resources. APS agencies can tailor resources provided by the APSC to their workforce and workplace requirements.
The APSC has developed the APS Model Policy for the Prevention of Workplace Sexual Harassment, and related unlawful conduct and risk assessment guidance. This is for use by human resource practitioners and Diversity and Inclusion and Work Health and Safety practitioners across APS agencies.
See also in this report
Integrity – Respectful and ethical workplaces
Find out more
Australian Public Service Commission (2024) APS Model Policy for the Prevention of Workplace Sexual Harassment and related unlawful conduct , APSC website, accessed 12 August 2024.
Australian Government (2024) Cross Agency Training Hub, APS Academy website, accessed 30 September 2024.