---
title: "Positive duty prevention plan (sexual harassment and sex discrimination)"
url: "https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/positive-duty-prevention-plan"
type: "precedent"
site: "AI Law Framework"
id: "a15-positive-duty-prevention-plan"
area_id: "A15"
kind: "policy"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Positive duty prevention plan (sexual harassment and sex discrimination)

> Prevention plan that maps an organisation's measures against the Australian Human Rights Commission's seven standards for the positive duty, with a risk register, actions, owners and measures of success.

Canonical page: https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/positive-duty-prevention-plan  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Policy. A policy or procedure for a firm or client.
- Practice area: [Anti-Discrimination & Industrial Relations](https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations.md)
- Jurisdictions: Australia, Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia and Victoria.

## When to use it

Use for an employer or PCBU that needs to show it is taking reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, hostile environments and related victimisation. Build it from the organisation's real risks and consultation, not from a template alone.

## How AI may be used

AI can map the organisation's existing policies, training and complaint data against the seven standards, but the plan must reflect the organisation's real risks, consultation and controls, and leadership must own it.

**AI may:**

- Build a table mapping each existing measure to a standard, carrying the source document name and date onto every row.
- Leave a standard blank where no measure is documented, rather than inferring one.
- Summarise de-identified complaint and survey data into trend tables.

**AI must not:**

- Must not be given identifiable complaint files, victim accounts or health information in an unapproved tool.
- Must not invent measures, training completion rates or consultation that the documents do not show.
- Must not rate risks or decide what is reasonable and proportionate for the organisation.

**The lawyer checks:**

- Every measure listed exists and is evidenced.
- Workers were consulted on risks and controls, and the record shows how.
- The risk register covers third parties (customers, clients, contractors) as well as staff.
- Board or senior leadership approved the plan and receives reports against it.

## Authorities

- [Sex Discrimination Act 1984 (Cth) s 47C (positive duty)](https://www.legislation.gov.au/C2004A02868/latest/text)
- [Sex Discrimination Act 1984 (Cth) ss 28B, 28M, 47A (sexual harassment, hostile workplace environments, victimisation)](https://www.legislation.gov.au/C2004A02868/latest/text)
- [Australian Human Rights Commission Act 1986 (Cth) ss 35A-35J (Commission's positive duty inquiry and compliance notice powers)](https://www.legislation.gov.au/C2004A03366/latest/text)
- [Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) (2023)](https://humanrights.gov.au/__data/assets/file/0030/46974/Guidelines-for-Complying-with-the-Positive-Duty-2023.pdf)
- [Equal Opportunity Act 2010 (Vic) s 15 (positive duty)](https://www.legislation.vic.gov.au/in-force/acts/equal-opportunity-act-2010)
- [Work Health and Safety Act 2011 (NSW) s 19 and Work Health and Safety Regulation 2025 (NSW) ss 55A-55D](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010)

## Official form

[Official form](https://humanrights.gov.au/resource-hub/resources-for-organisations-businesses/guidance-materials)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/positive-duty-prevention-plan and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*