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SH Positive Duty 'How-To' Guide & Toolkit
SH Positive Duty 'How-To' Guide & Toolkit

  • We want to help you meet your 
    sexual harassment positive duty legal obligations

    We've designed a Sexual Harassment Positive Duty Toolkit
    to help save you tears, money & time. 
    Order the Sexual Harassment Positive Duty Toolkit now

Workplace harassment 
​is bad for business

Whilst most employers would like to think that sexual harassment is not something that happens in their workplace, one in every three* Australian workers report having experienced sexual harassment whilst at work.

The effects of sexual harassment are costly. It has a devastating impact on employees, bystanders and workplace culture. It leads to low productivity, absenteeism, staff dissatisfaction and staff turnover. It exposes employers not only to reputational damage but potential litigation and costly damages. It’s an issue that employers cannot afford to ignore. 

*Time for Respect: Fifth National Survey on Sexual Harassment in Australian Workplace, Australian Human Right Commission,
   November 2022

New sexual harassment laws now apply to all businesses 

In late 2022 the Federal Government changed the laws around sexual harassment in Australian workplaces. The new laws impose a new positive duty on all businesses, which includes early learning service providers. 


This "positive duty" requires employers to shift their focus to actively prevent workplace sexual harassment and discrimination, rather than respond to it only after it occurs. 


Simply responding to sexual harassment complaints is no longer enough to comply with the law. 

IMPORTANT NOTE: An employer not meeting their positive duty can lead to various statutory contraventions, including those of the Sex Discrimination Act itself. 


The Federal Court recently fined a small business retailer $268,000 in a sexual harassment case brought against them by an employee.
The decision reveals that damages for sexual harassment offences are now increasing. You can read ABLA's summary about the case here.

What is required of an employer to comply with the new law?

The law unfortunately doesn’t actually tell employers or businesses exactly what they need to do to be compliant. That is, the law is not prescriptive - it just states that the employer must be taking reasonable and proportionate steps to eliminate unlawful conduct as far as possible.


This makes it difficult for an individual early learning service provider to know how to make sure they have ticked off all requirements under the new law.

How we can help

It is in this context that the Australian Childcare Alliance (ACA) has joined forces with Australian Business Lawyers & Advisors (ABLA) to provide you with a simple, practical Sexual Harassment Positive Duty Toolkit for early learning service providers.  


We've taken the pain out of doing the research and finding out about the finer detail  - just follow the simple steps in our toolkit to make sure your service is doing everything possible to meet your legal obligations. 


What does the toolkit include?

When you sign up to buy the Sexual Harassment Positive Duty Toolkit, you will receive:

  • A 40-page one-stop-shop "How-To" guide on the steps you need to follow; PLUS
  • A set of fact sheets, posters and template Word documents which will support you in the process of addressing the new positive duty. 

The content of these documents includes:
  • A six-point checklist on how to approach the new positive duty requirements
  • How to do a positive duty compliance health check 
  • An overview of the spectrum of sexual misconduct at work
    (i.e. what constitutes sexual harassment?)
  • A template service provider sexual harassment policy
  • Template emails, talking points & questionnaire to help educator staff of the new policy
  • A risk assessment identification & management checklist
  • A clear step-by-step process on how to handle and respond to any sexual harassment complaints
  • An incident report template
  • A template sexual harassment prevention record

The toolkit makes it easy and provides everything you need to address the new positive duty, while promoting a culture of respect, trust and teamwork in your service.

Our aim is to simplify the process for our members

"The Australian Childcare Alliance (ACA) is proud to partner with the Australian Business Lawyers & Advisors (ABLA) to help our members meet their new positive duty obligations around the risk of workplace sexual harassment. 


We have negotiated a special ACA-member exclusive price so you can access ABLA's Sexual Harassment Positive Duty Toolkit at a fraction of the usual cost.  We hope you take advantage of this valuable offer."

Paul Mondo
ACA President

Meeting your legal obligations shouldn't be hard

“I am pleased to be working with ACA to help you manage your new ‘positive’ compliance obligations in an efficient way, tailored to the size and nature of your service.


As part of our long standing ‘partnership’ with ACA we have worked to create a simple toolkit to allow you to efficiently implement measures in your service to deal with the new positive duty, while continuing to foster a culture of respect, trust and collaboration in your service." 

Nigel Ward, CEO and Director of the Australian Business Lawyers & Advisors (ABLA)

Our exclusive offer  
​to ACA members

To make sure our members have easy access to the information they need, ACA has negotiated that our members pay only:

  • $950 (plus GST) to order the Sexual Harassment Positive Duty Toolkit

For a resource of such high value, this is a very affordable price. 

Watch our short video  

No employer is free from the risk of sexual harassment claims. 


Watch our short video to find out why all businesses need to meet their positive duty legal obligations to help eliminate sexual harassment from the workplace.

Sign up today!

Click on the red button below to purchase ABLA's Sexual Harassment Positive Duty Toolkit.

Upon receipt of payment, you'll receive an email providing you with everything you need to get started.

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