The new EO Act will impose on Victorian employers additional obligations in relation to compliance with anti-discrimination laws.

Critically, it is important for employers to be aware of these significant changes that introduce new mandatory positive obligations to take reasonable measures to eliminate discrimination and sexual harassment. This has not previously existed under Victorian anti-discrimination laws and indeed anti-discrimination laws generally.

In a practical sense, employers will be required to be more proactive than ever before in terms of how they prevent and manage discrimination risks and behaviour. In particular, for larger employers they should review their current compliance measures to ensure that they meet the requirements of "reasonable and proportionate" measures. It may well be that the measures required of a larger employer are somewhat different to a small business employer.

Accordingly, in the lead-up period to August 2011, employers should review their current policies and practices and systems to ensure that any additional obligations placed upon them by the new EO Act will be met. A failure to conduct such a review may leave an employer exposed to scrutiny and the subject of an investigation or inquiry.

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