75Positive duty to eliminate discrimination, sexual

75 Positive duty to eliminate discrimination, sexual harassment and unlawful vilification (1) This section applies to an organisation or business, and any individual with organisational management responsibility for an organisation or business, required under this Act not to engage in discrimination, sexual harassment or unlawful vilification in particular circumstances. Examples—organisation • educational authority • sporting club • church Examples—individual with organisational management responsibility • sole trader • chancellor or vice-chancellor at a university • owner of a small private business (2) The organisation, business or individual must take reasonable and proportionate steps to eliminate the discrimination, sexual harassment and unlawful vilification.

(3) In deciding whether steps are reasonable and proportionate, all the circumstances must be considered, including the following: (a) the nature and size of the organisation or business; (b) the resources of the organisation, business or individual; (c) the business or operational priorities of the organisation, business or individual; (d) practicability and cost of the steps. (4) However, this section does not apply to— (a) an administrative unit, territory authority or territory instrumentality until 12 months after the commencement day; or (b) an individual with organisational management responsibility for an entity mentioned in paragraph (a) until 12 months after the commencement day; or (c) any other person until 3 years after the commencement day. (5) This subsection, subsection (4) and subsection (6), definition of commencement day expire 3 years after the commencement day. (6) In this section: commencement day means the day the Discrimination Amendment Act 2023, section 3 commences. organisational management responsibility, in relation to an organisation or business, means responsibility for controlling or directing the organisation or business.

Positive duties Part 9