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Positive duty - accommodation

What is positive duty?

Positive duty requires you to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and victimisation as far as possible.

Under the Equal Opportunity Act 2010, accommodation providers in Victoria have a positive duty to eliminate discrimination, sexual harassment and victimisation.

Complying with the positive duty will help you avoid potential discrimination complaints and take us a step closer to creating equal opportunity for everyone in Victoria.

Who does the positive duty apply to?

 Positive duty applies to everyone who already has responsibilities under the Equal Opportunity Act including landlords, tenancy database operators, and real estate agents.

  • If you are a landlord, the positive duty applies because you are an accommodation provider.
  • If you are a real estate agent or tenancy database provider, it applies to you both as a service provider and as an employer if you employ staff in your business.

The Commission has created a suit of free online tools to help employers understand and comply with the Equal Opportunity Act. Access the toolkits online at humanrightscommission.vic.gov.au/employerstoolkits.