---
title: Positive Duty Unpacked | encountas
---

[![ENCOUNTAS-LOGO-BLACK](https://21578969.hs-sites.com/hs-fs/hubfs/ENCOUNTAS-LOGO-BLACK.png?width=350&height=62&name=ENCOUNTAS-LOGO-BLACK.png "ENCOUNTAS-LOGO-BLACK")](http://21578969.hs-sites.com/)

# Positive Duty Unpacked

Thursday, 19 October 2023

12:00 - 1:30PM AEDT

# Thanks for your interest in our Positive Duty Unpacked event.

Registrations are now closed as the event has commenced. 

The event recording will be available on our website shortly.

![ENCOUNTAS-E-LOGO](https://21578969.hs-sites.com/hs-fs/hubfs/ENCOUNTAS-E-LOGO.png?width=75&height=75&name=ENCOUNTAS-E-LOGO.png)

[encountas.com](https://www.encountas.com/encountas-insights/positive-duty-unpacked)

## Join us for an online event!

We are pleased to introduce an upcoming virtual panel event hosted by encountas, featuring esteemed experts Nicole Hercus, Executive Coach and Leadership Development and Culture Change Specialist, Mark Oostergo, Principal Psychologist, Kate Thomson, Associate Director - Workplace and Employment Law, and Brigitte Fairbank, Chief People Officer, and facilitated by MC’s Leonie Rothwell and Juliette Hall, Directors of encountas. 

This informative event aims to shed light on crucial aspects of creating respectful and safe workplaces, addressing harmful behaviours, and fostering positive change, with a focus on unpacking the new positive duty under the Sex Discrimination Act.

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## This is your opportunity to equip yourself with the tools needed to create lasting change. The time to act is now. Join us and take a courageous stand.

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## Why should you join this event?

There is a growing acknowledgment of the moral, legal, and business necessity for creating a safe, respectful, diverse, and inclusive workplace culture. However, recent findings from the Australian Human Rights Commission's fifth national survey on workplace sexual harassment (2022) reveal that there is still significant progress to be made. The survey showed that within the last five years, 33% of respondents experienced workplace sexual harassment, affecting 41% of women and 26% of men.

In November 2022, Australia passed the Anti-Discrimination and Human Rights Legislation (Respect at Work) Bill, amending federal anti-discrimination laws for workplaces.

A significant change is the **introduction of a positive duty** on organisations to proactively **prevent workplace sexual harassment, sex discrimination**, and hostile environments.

The Commission created Guidelines with seven standards to aid employers, including leadership, culture, risk management, and transparency. **Starting December 2023**, the Commission can enforce this duty using the Guidelines. This shift emphasises **prevention over reaction** and aims for safe, inclusive workplaces, benefiting businesses and employees alike. The change aligns with other workplace protections, reflecting a systemic shift toward prevention.

 

|   [CLICK HERE TO READ](https://humanrights.gov.au/sites/default/files/2023-08/Guidelines%20for%20Complying%20with%20the%20Positive%20Duty%20%282023%29.pdf) |
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| [**Guidelines for Complying with the Positive Duty under the *Sex Discrimination Act 1984 *(Cth)**](https://humanrights.gov.au/sites/default/files/2023-08/Guidelines%20for%20Complying%20with%20the%20Positive%20Duty%20%282023%29.pdf) |

 

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![Jules](https://21578969.hs-sites.com/hs-fs/hubfs/Jules.png?width=200&height=200&name=Jules.png "Jules")

Creating Active Respect in our worlds happens when people choose to make a stand and make a change - by owning our rights as humans and in looking out for each other. Let's be the impact we want to make! 

*Juliette Hall*

We have an opportunity to create safer and thriving workplaces. Everyone deserves to feel safe at work but, in reality, this is not the case. We can give you the roadmap and consistent support to make that change.

*Leonie Rothwell*

![Leonie](https://21578969.hs-sites.com/hs-fs/hubfs/Leonie.png?width=200&height=200&name=Leonie.png "Leonie")

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# The event will delve into key topics that are essential for navigating the complexities of workplace dynamics and creating an environment free from harmful behaviours.

# With a focus on the opportunities and challenges inherent in this legislation transition, the panel will guide attendees on how to best prepare for these changes, where to initiate action and where to start. It's an invaluable opportunity to gain insights, enabling organisations to proactively navigate the landscape of workplace conduct.

 

![encountas-tall-hero](https://21578969.hs-sites.com/hs-fs/hubfs/encountas-tall-hero.jpg?width=1099&height=147&name=encountas-tall-hero.jpg)

 

## Meet the Panellists

Our expert panel comprises Nicole Hercus, Mark Oostergo, Kate Thomson, and Brigitte Fairbank, each bringing unique expertise to the conversation. 

Together, their expertise overlaps in several critical areas including addressing harmful behaviours, prevention and support strategies, trauma-informed approach, and collaborative services.

![Nicole-1](https://21578969.hs-sites.com/hs-fs/hubfs/Nicole-1.png?width=250&height=250&name=Nicole-1.png "Nicole-1")

### Nicole Hercus

Executive Coach and Leadership Development  
and Culture Change Specialist

A leadership development and culture change specialist, Nicole's expertise lies in managing the cultural impact of violence prevention and fostering leadership for positive change.

[LEARN MORE](https://21578969.hs-sites.com/hubfs/Panel%20Bio%20Nicole%20Hercus.pdf)

![Image of Mark Oostergo](https://21578969.hs-sites.com/hs-fs/hubfs/Mark.png?width=250&height=250&name=Mark.png "Image of Mark Oostergo")

### Mark Oostergo

Principal Psychologist  
BPsych, PGDip Psych, MAppPsych (Org)

Drawing from a background in organisational psychology and psychosocial risk management, Mark specialises in risk review, strategy, trauma-informed design, and harmful behaviours.

[LEARN MORE](https://21578969.hs-sites.com/hubfs/Panel%20Bio%20Mark%20Oostergo.pdf)

![Image of Kate Thomson](https://21578969.hs-sites.com/hs-fs/hubfs/Kate.png?width=250&height=250&name=Kate.png "Image of Kate Thomson")

### Kate Thomson

Associate Director - Workplace and Employment Law  
Australian Business Lawyers & Advisors

Kate's expertise of the positive duty to prevent sexual harassment and other obligations arising from the Sex Discrimination Act, focuses on compliance, policy review, and discharging employers' legal obligations.

[LEARN MORE](https://21578969.hs-sites.com/hubfs/Panel%20Bio%20Kate%20T.pdf)

![Brigitte](https://21578969.hs-sites.com/hs-fs/hubfs/Brigitte.png?width=250&height=250&name=Brigitte.png "Brigitte")

### Brigitte Fairbank

Chief People Officer  
Life Without Barriers

As an experienced People and Transformation Leader, Brigitte brings her expertise, passion and practical knowledge on building inclusive and high performing cultures where people feel safe, connected, and empowered.

[LEARN MORE](https://21578969.hs-sites.com/hubfs/Panel%20Bio%20Brigitte%20Fairbank.pdf)

## The discussions they will bring aligns with the broader concept of psychosocial risk, encompassing factors like job demands and inappropriate customer behaviour.

## By focusing on harmful behaviours and fostering trauma-informed practices, the panel will explore methods to mitigate risks and create safer, more respectful workplaces.

## The panellists will share their expertise and insights on:

## ![wired-outline-966-privacy-policy (1)](https://21578969.hs-sites.com/hs-fs/hubfs/wired-outline-966-privacy-policy%20(1).png?width=155&height=155&name=wired-outline-966-privacy-policy%20(1).png)

Organisational Implications  
of Positive Duty

| The experts will shed light on what positive duty means for organisations, executives, HR teams, managers and peers, discussing how it affects policies, procedures, and overall workplace culture. |
| --- |

 

## ![wired-outline-1021-rules](https://21578969.hs-sites.com/hs-fs/hubfs/wired-outline-1021-rules.png?width=155&height=155&name=wired-outline-1021-rules.png)

Workplace  
Civility

| Exploring the continuum of behaviours, understanding enabling actions, and addressing harmful behaviours. |
| --- |

 

## ![wired-outline-955-demand](https://21578969.hs-sites.com/hs-fs/hubfs/wired-outline-955-demand.png?width=155&height=155&name=wired-outline-955-demand.png)

Trauma-Informed  
Process Co-design

| Incorporating a trauma-informed approach into processes and decisions to create a safe and supportive environment. |
| --- |

 

## ![wired-outline-186-puzzle](https://21578969.hs-sites.com/hs-fs/hubfs/wired-outline-186-puzzle.png?width=155&height=155&name=wired-outline-186-puzzle.png)

Relational Dynamics  
Spectrum

| Understanding and navigating the nuanced spectrum of relational dynamics in the workplace. |
| --- |

 

## Who should join this event?

Encountas is uniquely positioned to drive change on issues related to workplace respect and safety. Our mission is to collaborate with systems, organisations, and individuals that are committed to making a positive difference in this domain and interested in catalysing change in the Respect@Work space. This event is designed for:

## ![personw2](https://21578969.hs-sites.com/hs-fs/hubfs/personw2.png?width=110&height=110&name=personw2.png)

| Human Resources Leaders |
| --- |

 

## ![noun-boy-1685465-49BFB4](https://21578969.hs-sites.com/hs-fs/hubfs/noun-boy-1685465-49BFB4.png?width=110&height=110&name=noun-boy-1685465-49BFB4.png)

| **People & Culture Professionals** |
| --- |

## ![personw1](https://21578969.hs-sites.com/hs-fs/hubfs/personw1.png?width=110&height=110&name=personw1.png)

| **Organisational Development Specialists** |
| --- |

## ![personm2hs](https://21578969.hs-sites.com/hs-fs/hubfs/personm2hs.png?width=110&height=110&name=personm2hs.png)

| **Health & Safety Professionals** |
| --- |

## ![personm1](https://21578969.hs-sites.com/hs-fs/hubfs/personm1.png?width=110&height=110&name=personm1.png)

| **Senior Executives** |
| --- |

## ![Untitled design (2)](https://21578969.hs-sites.com/hs-fs/hubfs/Untitled%20design%20(2).png?width=110&height=110&name=Untitled%20design%20(2).png)

| **Managers & Team Members** |
| --- |

| [**Click here to register**](http://21578969.hs-sites.com/pdu#Page-Top) |
| --- |

 

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## Active Respect

Download the Active Respect brochure to get a better understanding of how encountas can work collaboratively with your organisation to build respectful cultures through a practical range of co-designed experiences and tools.

[![AR brochure](https://21578969.hs-sites.com/hs-fs/hubfs/AR%20brochure.png?width=195&height=275&name=AR%20brochure.png)](https://21578969.hs-sites.com/hubfs/Encountas%20Active%20Respect.pdf)

 

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## ENCOUNTAS PTY LTD

<https://www.linkedin.com/company/encountas/> [mailto:hub@encountas.com](mailto:hub@encountas.com) [![ENCOUNTAS-E-LOGO](https://21578969.hs-sites.com/hubfs/ENCOUNTAS-E-LOGO.png)](https://www.encountas.com/)