From compliance to culture: lead the change before you are forced to catch up

Australian workplaces are at a turning point. With mounting recognition of the impact of psychosocial hazards and a strengthened legal framework placing a positive duty on employers to eliminate sex discrimination and sexual harassment, there is a clear message: safe, respectful and inclusive culture is no longer just a “nice to have” — it’s a legal and ethical imperative.  

The Positive Duty: More Than Just Compliance 

Recent reforms introduced by the Respect@Work legislation now impose a positive (or prevention) duty on employers and persons conducting a business or undertaking (PCBUs). This means it is no longer enough to respond to complaints after the fact — workplaces must take proactive and preventive steps to eliminate sexual harassment, sex-based harassment, discrimination, and victimisation, as far as reasonably practicable. 

This marks a fundamental shift from a reactive to a proactive approach, placing culture and prevention at the heart of legal compliance. 

In parallel, a growing recognition of psychosocial hazards — including sexual harassment, bullying, and gender-based discrimination — as real and significant risks to workplace health and safety. Under Work Health and Safety (WHS) legislation, employers have a duty to provide a safe working environment, and that includes managing these psychological and cultural risks. 

Sexual harassment isn’t just a legal or moral issue — it’s a workplace safety issue. And the obligations under the Sex Discrimination Act 1984 (Cth) now closely align with those under WHS laws, reinforcing the need for integrated, systemic approaches to workplace culture and safety. 

With legal frameworks now aligned and public expectations rising, Australian organisations are facing a moment of reckoning — and an opportunity. This is a chance to move beyond minimum compliance and build workplaces where respect, safety, and inclusion are the norm. 

The intersection of WHS law and the positive duty creates a powerful framework for change. When embedded into culture — not just policy — it protects people, strengthens trust, and enhances organisational performance. 

The law has changed – now it’s time for workplace culture to catch up. Employers can continue to react, or they can lead. Choosing the latter doesn’t just prevent harm — it builds the kind of workplace where everyone can thrive. 

Intersection has a range of advisory and education offerings to support you meet and exceed your leadership obligations. Reach out to Talk to us today.