The Sex Discrimination Act 1984 (Cth) is a cornerstone of Australian anti-discrimination law. It prohibits unfair treatment based on sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, breastfeeding, and family responsibilities.

For Australian businesses, understanding and complying with this legislation is essential—not just to meet legal obligations, but to foster a safe, inclusive, and respectful workplace.

What Is the Sex Discrimination Act 1984?

Introduced to address systemic gender inequality, the Act made it unlawful to:

• Advertise jobs for men or women only

• Pay different wages for the same work based on gender

• Dismiss employees due to pregnancy or marital status

It applies across employment, education, accommodation, and the provision of goods and services.

Key Protections for Employees

The Act protects individuals from:

• Sex discrimination

• Sexual harassment

• Discrimination due to pregnancy or family responsibilities

• Discrimination based on sexual orientation, gender identity, or intersex status

The Positive Duty: What Employers Must Do

Recent reforms introduced a Positive Duty on employers to take proactive and reasonable steps to eliminate:

• Sexual harassment

• Sex-based harassment

• Hostile workplace environments

• Discrimination and victimisation

This means businesses must go beyond responding to complaints—they must actively prevent them.

Meeting the Positive Duty

To meet this duty, businesses should:

• Conduct regular risk assessments

• Provide staff training on respectful workplace behaviour

• Establish clear reporting procedures

• Monitor workplace culture and take corrective action when needed

Many businesses find it helpful to use HR software that includes tools for policy management, training tracking, and incident reporting. For example, platforms like BrightHR offer 24/7 HR advice, compliant policy templates, and a document library to help businesses stay on top of their obligations.

Practical Implications for Your Business

1. Review Your Policies

• Anti-discrimination and harassment policies

• Parental leave and flexible work arrangements

• Recruitment and promotion procedures

If you’re unsure where to start, using pre-built, legally reviewed templates can save time and reduce risk.

2. Train and Educate Your Team

Regular training helps employees understand their rights and responsibilities. It also reinforces your commitment to a respectful workplace. Online training modules and HR apps can make this process more efficient and accessible.

3. Establish Clear Reporting Channels

Employees should feel safe reporting inappropriate behaviour. Having a confidential, well-documented process in place is essential—and can be supported by digital tools that log and track incidents securely.

4. Foster a Culture of Respect

Beyond compliance, the Act encourages businesses to build inclusive cultures. This includes promoting gender equity, supporting flexible work, and addressing unconscious bias.

Consequences of Non-Compliance

Failing to comply with the Act can lead to:

• Investigations by the Australian Human Rights Commission

• Legal action in federal courts

• Financial penalties

• Reputational damage

Having access to expert HR guidance—such as a 24/7 advice line—can help you navigate complex situations and avoid costly mistakes.

Final Thoughts

The Sex Discrimination Act 1984 is more than a legal requirement—it’s a framework for building fairer, safer, and more inclusive workplaces. By taking proactive steps, reviewing your policies, and ensuring your team is informed and supported, you not only comply with the law but also create a workplace where everyone can thrive.

If you’re looking for tools to help manage your HR responsibilities—from contracts and policies to training and compliance—solutions like BrightHR and BrightSafe can provide the structure and support, you need to stay ahead.