1 Substantive Law

Eliminating Sex-Based Workplace Misconduct: New Positive Duty

LawCPD Author: Jennifer Flinn
Jennifer Flinn
Barrister Murray Chambers
1 CPD Point


Interactive Content
Self-Paced Completion
On-demand and on Any Device
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Gain in-depth knowledge and practical strategies for complying with the new positive duty to prevent sex-based workplace misconduct.

This dynamic course explores the intricacies of the new positive duty for employers, a groundbreaking legal requirement to proactively eliminate sex-based workplace misconduct. The course provides an in-depth analysis of the different types of sex-based misconduct covered by this duty including sex discrimination, sex-based harassment, sexual harassment and hostile work environments.

Through a mix of real-world cases and hypothetical scenarios, you will learn about the different types of sex-based misconduct, and gain practical insights into recognizing and addressing each of these effectively. The course also explores the role of the Australian Human Rights Commission to assess, monitor and enforce compliance with the positive duty, and the consequences of non-compliance. The course is designed to provide a practical guide for lawyers to both understand their own workplace obligations, and to effectively advise clients on how to comply with the new positive duty. 


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Published: January 2024

Key takeaways

  • Understand the New Requirements: Understand the new positive duty and its scope in eliminating sex-based workplace misconduct.
  • Practical Compliance Strategies: Identify and address sex-based discrimination, harassment and hostile work environments.
  • Consequences of Non-Compliance: Insights into the role of the AHRC in monitoring and enforcing compliance, and the consequences of non-compliance.
  • Promoting Workplace Equality: Best practice standards and strategies for promoting a workplace culture that is respectful and inclusive.

Meet the expert

LawCPD Author: Jennifer Flinn
Jennifer Flinn
Barrister Murray Chambers

Jennifer is a trusted advisor and advocate with over 25 years of legal experience. She has cultivated a diverse practice spanning workplace relations, commercial law, and administrative law and she joined the Independent Bar in Western Australia in 2023.

Learn more


  1. 5.0/5
    Good Course
    The course was both practical and informative. I found it very comprehensive.
  2. 5.0/5
    Excellent - practical and useful
    Practical solutions and advice for eliminating sex-based workplace misconduct.
  3. 5.0/5
    This was a great course.
    Very informative with good case studies.
  4. 5.0/5
    Very well structured...to the point
  5. 5.0/5
    Great Course
    Easy to follow and instructive as to the new legislation
  6. 5.0/5
    Very helpful course
    In the present context this course is needed for all solicitors
  7. 5.0/5
    clearly written with good examples and review learnings
    Easy to understand, good review questions to confirm and reinforce understanding.
  8. 5.0/5
    Informative and relevant
    Good summary of new positive duty with relevant case law and good examples
  9. 5.0/5
    This course seems to cover all aspects of sexual harassment and sex discrimination, including victimisation.
    The fact that I could go back at any time and review the material and/or my answers was useful and appreciated.
  10. 5.0/5
    No employer or senior manager can afford to be uneducated here.
    Very good. Again, it raises the issues I need to be ahead of, all in an hour. Now I know what I need to prioritise and change.
  11. 5.0/5
    Great content, and for a one-hour presentation, remarkably in depth.
    Great content, and for a one-hour presentation, remarkably in depth, particularly timely given the expansion of the statute 12+ months ago.
  12. 5.0/5
    Great Course
    Liked the examples and now understand the different between sex-based workplace misconduct and sexual harassment
  13. 5.0/5
    Useful course
    Covers the new amendments really well and provides good examples of distinctions between the different offences and actions to be taken by employers, employees and bystanders.
  14. 5.0/5
    This is a well informed and great course
    The course was comprehensive with plenty of jurisprudence.
  15. 5.0/5
    Excellent Course
    Provided a clear guide to an area of law that is dense in the sense that there are many new concepts to integrate.
  16. 5.0/5
    Great course
    Engaging, learning focused and to the point. Very good course.
  17. 5.0/5
    Very well designed and informative course
    The course was clearly laid out, easy to understand and all information was highly relevant.
  18. 5.0/5
    Very very useful course
    I was surprised at the immense changes made recently in this area. Fantastic course thank you!
  19. 5.0/5
    Very detailed
    Very detailed
  20. 5.0/5
    Excellent overview of new duties within the workplace.
    A useful course updating me on the law supported by relatable examples from case law and hypothetical scenarios.
  21. 5.0/5
    Very useful
    Good useful summary to work from.
  22. 4.0/5
    Good practical course
    Content was easy to understand and informative. The hour flew by!
  23. 4.0/5
    Excellent summary of the changes
    The course was well organized with easy-to-follow explanations and examples.