Introduction: Why Compliance Can’t Wait
In the last five years, the regulatory landscape around workplace safety, gender equality, and harassment has shifted dramatically. The Respect@Work reforms, psychosocial hazard regulations, and the National Higher Education Code to Prevent and Respond to Gender-Based Violence all reflect a single message:
Employers are no longer allowed to be passive.
It’s no longer enough to respond to complaints when they arise. Businesses now carry a positive duty to prevent gender-based violence (GBV) and related harms as far as reasonably practicable.
This blog is your guide to understanding those obligations — and, importantly, how to go beyond compliance to build safer, more resilient workplaces.
The Legal Landscape: What You Need to Know
1. Respect@Work Positive Duty
Following the 2020 Respect@Work Report, the Sex Discrimination Act was amended to impose a positive duty on employers to eliminate, as far as possible:
- Sexual harassment
- Sex-based harassment
- Hostile workplace environments
- Victimisation
The Australian Human Rights Commission (AHRC) now has compliance and enforcement powers. This means organisations must demonstrate proactive efforts to prevent harm — not just investigate complaints after the fact.
2. WHS Psychosocial Hazard Regulations
Safe Work Australia’s Model WHS Regulations now recognise psychosocial hazards as risks to health and safety. These include:
- Sexual harassment and bullying
- Aggressive or traumatic events
- Remote or isolated work
- Poor support and high job demands
Employers must identify, assess, and control psychosocial risks — just like physical hazards. Regulators can (and do) issue improvement notices or prosecute for non-compliance.
3. Fair Work Act Changes
All employees now have access to 10 days of paid family and domestic violence leave per year. Employers must manage requests confidentially and ensure policies reflect this entitlement.
4. Discrimination and Consent Laws
Anti-discrimination frameworks protect workers from sex discrimination, harassment, and victimisation. New consent education initiatives (e.g. Teach Us Consent, national school curricula) are shaping cultural expectations — workplaces will be next.
Why This Is a Boardroom Issue
GBV prevention is not just a “people and culture” topic — it is a governance and risk management issue.
Boards and officers have a due diligence duty under WHS law to ensure the business has appropriate systems in place. That means:
- Ensuring GBV risk is on the enterprise risk register
- Receiving regular reporting on incidents, controls, and progress
- Allocating sufficient resources for training, policy development, and support
Directors who fail to exercise due diligence can be held personally liable under WHS law.
The Business Risk of Non-Compliance
Failing to act on GBV is costly:
- Legal Risk: Complaints can escalate to the AHRC, Fair Work Commission, or courts.
- Financial Risk: Litigation, lost productivity, and turnover costs can run into the millions.
- Reputational Risk: Media coverage of mishandled complaints can destroy trust with customers, employees, and investors.
- ESG Risk: Investors increasingly view workplace culture and safety as core “S” (social) metrics.
Conversely, proactive compliance is an opportunity to differentiate as an employer of choice.
Turning Compliance Into Culture
Legal compliance is the floor, not the ceiling. The most effective organisations use compliance as a catalyst for culture change.
Key Elements of a Compliance-Ready Framework
- Policy & Governance:
- Survivor-centred GBV and harassment policy
- Board-approved WHS and DEI commitments
- Integration into risk management systems
- Survivor-centred GBV and harassment policy
- Reporting & Investigation:
- Multiple confidential reporting channels
- Clear, timely investigation process
- Data collection and board-level reporting
- Multiple confidential reporting channels
- Prevention & Education:
- Regular training for all staff
- Specialised training for leaders and investigators
- Campaigns on respect, consent, and bystander action
- Regular training for all staff
- Support & Remediation:
- Paid leave and flexible work options
- Safety planning and security adjustments
- Access to counselling and financial support
- Paid leave and flexible work options
Data & Reporting: Measuring What Matters
Good governance relies on good data. But GBV data must be handled with care to protect confidentiality.
Best Practice Metrics
- Number of reports (an initial increase often signals growing trust)
- Time-to-resolution and employee satisfaction with process
- Participation rates in training programs
- Results of culture surveys on psychological safety
Transparent reporting — internally and, where appropriate, externally — builds trust and shows progress.
Case Study: Compliance Done Well
One Capyble client, a large professional services firm, decided to get ahead of the curve. They:
- Conducted a board workshop on psychosocial risks
- Updated policies to align with Respect@Work
- Rolled out bystander training company-wide
- Established quarterly GBV reporting to the executive team
The result? Not only did they achieve compliance, but their engagement survey showed an 18% jump in “I feel safe at work” responses within a year.
Compliance Readiness Checklist
Use this quick self-assessment to gauge where you stand:
| Area | Status |
| GBV risk is included in WHS risk register | ☐ |
| Survivor-centred GBV policy in place | ☐ |
| Multiple reporting options available | ☐ |
| Paid family/domestic violence leave policy updated | ☐ |
| Leaders trained in response and prevention | ☐ |
| Board/executive receives regular reports | ☐ |
| Regular audits and culture surveys conducted | ☐ |
If you can’t tick most of these boxes, now is the time to act.
Looking Ahead: The Future of Regulation
We expect to see:
- More sector-specific GBV codes (beyond higher education)
- Increased regulator enforcement of psychosocial risk duties
- Greater investor and shareholder scrutiny of workplace culture metrics
- Rising employee activism pushing for transparency
Being proactive now positions your organisation ahead of the curve.
Conclusion: Leadership Through Compliance
Legal obligations around GBV and consent aren’t just a compliance burden — they’re an invitation to lead.
Organisations that embrace this moment don’t just avoid penalties. They build safer workplaces, attract and retain diverse talent, and strengthen their reputations.
Compliance is the minimum. Culture change is the goal. And both start with a clear-eyed view of the risks, strong governance, and a willingness to act.
