Since the introduction of the positive duty under the Sex Discrimination Act 1984 (Cth) most organisations now recognise prevention, rather than simply response, has become the standard.

In that context, the more difficult question becomes, what does prevention actually require in practice?

Historically, training has been recognised as a key enabler of this. In line with previous legislation, such training often emphasised identifying inappropriate behaviour and responding to reports thereof. While this remains necessary, it is no longer sufficient.

This is because prevention is not reactive. Prevention requires more than simply identifying and responding to inappropriate behaviour after the fact, and arguably after harm has been caused. Rather, prevention necessitates the ability to detect risk and promptly take preventative action.

It logically follows then that discharging the positive duty requires building cultural risk intelligence among line managers and leaders internally. More specifically, it becomes incumbent upon managers and leaders to be effective in all of the following:

– Monitoring overall team dynamics, rather than just specific incidents;

– Intentionally shaping team norms, custom and practice;

– Identifying power imbalances and structural vulnerabilities; and

– Addressing known risk factors for sex discrimination and sexual harassment, including exclusion and workplace incivility.

Taken together, this is a materially different skillset relative to simply knowing how to respond when a complaint is made.

In parallel, the data clearly shows that inappropriate behaviour rarely emerges in a vacuum. Instead, it emerges incrementally over time through tolerated micro-behaviours, ambiguous humour and/or the informal concentration of power or influence. Where this occurs in dynamic operating environments, a culture can change – and often not for the better – by stealth.

Accordingly, leaders and managers require more sophisticated skills recognising risk factors, behavioural patterns, exercising judgement in ambiguous situations and recalibrating team norms, custom and practice.

Building these skills requires dynamic learning, as our work environments are not static, nor are the risk factors for sex discrimination and sexual harassment. Hybrid work has seen these risk factors play out in digital spaces. More recently, AI presents a new dimension in preventing inappropriate workplace behaviour. Creating and manipulating synthetic content, generating biased analysis or communications and data driven profiling are all examples of this. These risks are substantially different to the historical workplace harassment scenarios – these risks are technology enabled, rapid in scale and often more difficult to evidence.

On that basis, respect at work training which has not been renewed to deal with AI-enabled behaviour is already outdated. In 2026, prevention requires confronting operational realities that didn’t exist even a few years ago.

Repeating the same workplace behaviour training assumes risk remains constant – and patently it does not. In this context, training renewal serves multiple critical functions including:

– Intentionally recalibrating behavioural expectations – in light of emerging risk factors;

– Integrating lessons learned from internal experience; and

– Building cultural risk intelligence and the skills required for prevention.

From a governance perspective, training renewal serves as evidence the organisation recognises prevention as an ongoing activity, rather than a static framework.

Overall, it is clear the positive duty has elevated the standard. Organisations are now required to cultivate work environments where inappropriate behaviour is less likely to occur. This requires leaders and managers to be equipped to read the team environment, detect vulnerability, act promptly and exercise sound judgement in doing so.

If your organisation is seeking to build the cultural risk intelligence and leadership capability that prevention now demands, please reach out to discuss Azuhr’s prevention-based programs.

Claire Jenkins
Senior Consultant
Azuhr