Commonwealth Consolidated Acts

SEX DISCRIMINATION ACT 1984 - SECT 47C

Positive duty

  (1)   An employer or a person conducting a business or undertaking (the duty holder ) must take reasonable and proportionate measures to eliminate, as far as possible:

  (a)   conduct covered by subsection   (2) by persons covered by subsection   (3); and

  (b)   conduct covered by subsection   (4).

Conduct by duty holder, employees, workers and agents

  (2)   For the purposes of subsection   (1), this subsection covers the following conduct:

  (a)   discrimination on the ground of a person's sex that is unlawful under any of the following provisions:

  (i)   subsection   14(1) or (2) (employment);

  (ii)   section   15 (commission agents);

  (iii)   section   16 (contract workers);

  (iv)   section   17 (partnerships);

  (b)   sexual harassment, or harassment on the ground of sex, that is unlawful under section   28B;

  (c)   conduct that is unlawful under section   28M (hostile workplace environments);

  (d)   acts of victimisation (within the meaning of section   47A) that relate to complaints, proceedings, assertions or allegations in relation to conduct mentioned in any of paragraphs   (a) to (c) of this subsection.

  (3)   For the purposes of paragraph   (1)(a), this subsection covers the following persons:

  (a)   the duty holder;

  (b)   if the duty holder is an employer--the duty holder's employees;

  (c)   if the duty holder is a person conducting a business or undertaking--workers in the business or undertaking;

  (d)   the duty holder's agents.

Other conduct towards employees and workers by any person

  (4)   For the purposes of subsection   (1), this subsection covers the following conduct:

  (a)   sexual harassment, or harassment on the ground of sex, of persons covered by subsection   (5) that is unlawful under subsection   28B(6) or (8);

  (b)   conduct in workplaces where persons covered by subsection   (5) work that is unlawful under section   28M (hostile workplace environments);

  (c)   acts of victimisation (within the meaning of section   47A) against persons covered by subsection   (5) that relate to complaints, proceedings, assertions or allegations in relation to conduct mentioned in any of paragraphs   (2)(a) to (c).

  (5)   For the purposes of subsection   (4), this subsection covers the following persons:

  (a)   if the duty holder is an employer--the duty holder's employees;

  (b)   if the duty holder is a person conducting a business or undertaking--workers in the business or undertaking.

Matters to be taken into account

  (6)   The following matters are to be taken into account in determining whether a duty holder complies with subsection   (1):

  (a)   the size, nature and circumstances of the duty holder's business or undertaking;

  (b)   the duty holder's resources, whether financial or otherwise;

  (c)   the practicability and the cost of measures to eliminate conduct covered by subsection   (2) or (4);

  (d)   any other relevant matter.

Other duties not limited or otherwise affected

  (7)   This section does not limit, or otherwise affect, a duty that a duty holder has under:

  (a)   the Work Health and Safety Act 2011 ; or

  (b)   a law of a State or Territory that deals with work health and safety.

  (8)   Paragraph   (7)(b) does not limit the operation of section   10 or 11.