The end of 2022 heralded in a number of significant changes for clubs and employees in relation to the prevention of workplace sexual discrimination and harassment. Is your club ready for the shifting landscape?

Introduction of the Positive Duty

Clubs will be aware that the reforms to the Federal Sex Discrimination Act (the Act) which will require Clubs to re-think how they both prevent and react to sexual harassment.

Importantly, one of the changes introduced a ‘positive duty’ on clubs to take reasonable and proportionate measures to remove as far as possible sexual discrimination and harassment in the workplace.

The introduction of the positive duty will require proactive action rather than reactive action as well as further scrutiny from employees. Steps that clubs should take to ensure that they comply with these requirements may include:

  • Revising and updating workplace policies that clearly outline to employees and management the varying forms of sexual harassment and behaviours that are unacceptable in the workplace;
  • Ensuring that employees have understood these policies rather than simply just being made aware of them; and
  • Empower club leaders and employees to demonstrate that sexual harassment will not be tolerated within the club and to be examples of appropriate workplace behaviour; and
  • Conducting risk assessments of your workplace to identify risks that may give rise to sexual harassment or discrimination in the workplace.

    ClubsNSW has a range of resources including an updated sexual harassment policy which is available to members to ensure clubs can comply with the new legislation changes.