Positive Duty In Workplaces

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Summary

Positive duties in Australian workplaces include ensuring health and safety, preventing discrimination, and providing safe work premises. Board directors must align policies with legal requirements, review risk management strategies, and promote a safe workplace culture. Related bodies corporate under the Corporations Act 2001 include holding companies, subsidiaries, and sibling companies.

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what is a "positive duty
A "Positive Duty" is a legal obligation to take action. In Victoria, under the Equal Opportunity Act *, it means organisations must eliminate discrimination, sexual harassment, and victimisation as far as possible. This requires proactive measures beyond simply responding to complaints.
does a positive duty exist for workplaces to eliminate psychosocial hazards/
Yes, in Victoria, the Occupational Health and Safety Act * requires employers to provide and maintain, so far as reasonably practicable, a working environment that is safe and without risks to health, which includes psychosocial hazards.
what positive duties exist for australian workplaces?
In Australian workplaces, positive duties under the law include:
- Ensuring health and safety of workers (Work Health and Safety Act *)
- Preventing discrimination and harassment (Equal Opportunity Act *)
- Providing safe work premises
- Adequate facilities for workers
- Any information, training, instruction or supervision needed for safety (Occupational Health and Safety Act *).
what can board directors do to satisfy their positive duties?
Board directors can satisfy their positive duties by:
- Ensuring organisation's policies align with legal requirements.
- Regularly reviewing and updating risk management strategies.
- Encouraging a safe and inclusive workplace culture.
- Providing adequate training to employees.
- Actively addressing any issues or complaints.
what is the definition of related bodies corporate under the corporations act *
Under the Corporations Act *, "related bodies corporate" refers to:
- A holding company of another body corporate.
- A subsidiary of another body corporate.
- A subsidiary of a holding company of another body corporate.
This includes parent and sibling companies in a corporate group.