Discrimination, Bullying and Harassment Policy

To view or download this policy as a PDF click Employee and Employment Related Policies Documents

1. Purpose

The Council is dedicated to maintaining a safe workplace free from inappropriate behaviour, including discrimination (excluding positive discrimination), harassment, bullying, and victimisation. These behaviours will not be tolerated. They can profoundly impact individuals' well-being and the performance of the business.

This Discrimination, Harassment and Bullying Policy (the Policy) sets out our expectations about how our people behave to seek to prevent unlawful discrimination, harassment, bullying, adverse action, vilification and victimisation.

This Policy describes the expectations of our people, how to speak up, the support available and the consequences for breaching this policy.

2. Scope

This Policy applies to all employees, contractors, visitors, and volunteers, and covers any activities connected to the Council, including work-related events.

Definition and Terms

Bullying: Occurs when a person repeatedly behaves unreasonably toward another person, creating a risk to health and safety. This unreasonable behaviour may include intimidating, offensive language, mocking, or humiliating.

Contractor: A person or entity who contracts to perform work for the Council and is not an employee.

Council: Central Desert Regional Council.

Discrimination: A person is treated less favourably than another person in the same or similar circumstances for the substantial reason of their having or being perceived as having any of the following attributes:

• Age, Race (including colour, national or ethnic origin or immigrant status), sex;
• Disability or impairment;
• Marital or relationship status, parenthood, family responsibilities, pregnancy or breastfeeding;
• Sexual orientation, gender identity or intersex status;
• Religious belief or activity;
• Political opinion, affiliation or activity; or
• Trade union or employer association activity.

Employee: In this policy's context, an employee is anyone employed by the Council.

Harassment: Unwelcome behaviour that intimidates, offends or humiliates a person. It may target personal characteristics such as race, age, gender, disability, religion or sexuality. Harassment does not have to be repeated behaviour. Harassment can occur both inside and outside of the workplace.

Inappropriate behaviour: Generic term for behaviour associated with discrimination, bullying or harassment.

Intersex: People who are born with physical sex characteristics (such as sexual anatomy, reproductive organs, hormonal patterns and/or chromosomal patterns) that do not fit typical definitions for male or female bodies.

Manager: A person directly employed by the Council and has employees reporting to them.

Positive Discrimination: Lawful measures aimed to foster greater equality by supporting groups of people who face, or have faced, entrenched discrimination so they can have similar access to opportunities as others in the community.

Psychosocial Hazards: Anything that could cause a person psychological harm. They can create stress, which can result in psychological and physical harm. The company and its managers must manage the risk of psychosocial hazards in the workplace.

Victimisation: Punishing or threatening to punish someone because they have:

• Asserted their rights under equal opportunity law;
• Made a complaint;
• Helped someone make a complaint; or
• Refused to do something because it would be discrimination, sexual harassment or victimisation.

Vilification: Very serious breach of the law. It means doing or saying something in public that creates, encourages or incites hatred, serious contempt, revulsion or serious ridicule for a person or group of people on a ground(s) which is unlawful under relevant Federal / State / Territory legislation.

Visitor: A person who is not an employee who attends or visits the Council.

Volunteer: A person who engages in activities without payment or reward.

3. Legislation and Reference

Local Government Act 2019
NT Work Health and Safety (National Uniform Legislation) Act 2011
Fair Work Act 2009
Anti-Discrimination Act 1992
Central Desert Regional Council Enterprise Agreement
Local Government Industry Award 2020
Sex Discrimination Act 1984 (Cth)
Racial Discrimination Act 1975 (Cth)
Disability Discrimination Act 1992 (Cth)
Age Discrimination Act 2004 (Cth)
Australian Human Rights Commission Act 1986 (Cth)
Work Health and Safety Act 2011 (Cth)
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022
Council Policy
CDRC Code of Conduct (TBC)
Work Health and Safety Policy (P74)
Grievance Resolution Policy (TBC)
Performance Management and Development Policy (P65)
Managing Discrimination, Bullying and Harassment Policy (P63)

4. Responsibilities

Council

• Maintain a workplace free from discrimination, victimisation, bullying, harassment and inappropriate behaviour.
• Allow employees to raise concerns about inappropriate behaviour respectfully, without fear of victimisation.
• Provide employees with information, resources, and training regarding discrimination, victimisation, bullying, and harassment.

Managers

• Role models of respectful behaviours.
• Demonstrate clear and visible support for eliminating inappropriate behaviour.
• Be available to listen and understand an employee’s concerns without judgment.
• Remain competent and informed about discrimination, bullying and harassment in the workplace.
• Take prompt action if breaches of the policy occur.
• Pro-actively monitor the working environment to ensure employee behaviour is appropriate.
• Effectively manage situations that may have a higher risk of inappropriate behaviour (such as work functions).
• Eliminate psychosocial risks, or if that is not reasonably practicable, minimise them so far as is reasonably practicable.
• Treat all allegations of inappropriate behaviour seriously and take appropriate action in a timely manner.
• Ensure employees understand this policy and have been trained.
• Maintain confidentiality about allegations or conduct regarding inappropriate behaviour.

Employees

• Always behave in a professional manner and adhere to the requirements of this policy.
• Treat others with respect and dignity by not engaging in inappropriate behaviour.
• Report inappropriate behaviour in a professional manner.
• Offer support to anyone who is experiencing harassment, bullying or discrimination.

Visitors, Contractors, Volunteers and others who are covered by this policy, should:

• Always behave in a professional manner and adhere to the requirements of this policy.
• Treat others with respect and dignity by not engaging in inappropriate behaviour.
• Report inappropriate behaviour in a professional manner.
• Offer support to anyone who is experiencing, or may have experienced, harassment, bullying or discrimination.

5. Council Expectations

The Council is committed to creating a safe, diverse and inclusive place to work. We do not tolerate unlawful discrimination, harassment, bullying, adverse action, vilification or victimisation.

All employees are required to comply with this Policy along with the Code of Conduct.

This means:

• Behaving professionally and treating others with respect and dignity.
• Employees must not engage in unlawful discrimination, harassment, bullying, victimisation, or vilification, whether in the workplace, while working from home, or at work-related events such as conferences, functions, or business trips.
• By speaking up and reporting concerns about behaviour that may constitute unlawful discrimination, harassment, bullying, adverse action, vilification or victimisation (including where you have witnessed or are aware of it).
• Not disadvantaging or unfairly treating a person for making or being involved in a complaint.

6. Positive Discrimination

The Council may use positive discrimination in recruitment decisions. Where positions are identified as only available for a particular race or sex or preference given to a person of a particular race, sex or gender, this will be identified in the advertisement.

The Council may identify roles or give preference to roles for Indigenous or Aboriginal applicants. The Council may identify roles or give preference to an applicant of a particular sex to suit an identified cultural need.

7. What is Unlawful Discrimintaion?

Unlawful Discrimination involves treating individuals or groups unfairly, disadvantaging some while benefiting others.

It is against the law to discriminate against someone on prohibited grounds, including: age, breastfeeding, carers’ responsibilities, subjection to domestic or family violence, disability, family responsibilities, gender or gender identity (including transgender), intersex status, marital or relationship status, irrelevant medical or criminal record, parental status, physical appearance, political opinion, pregnancy or a potential pregnancy, raising health and safety concerns or performing legitimate safety- related functions, race, nationality or ethnic origin, religious beliefs or activity, sexuality or sexual orientation, social origin, union membership or protected industrial activity.

While not all these prohibited grounds apply under law in every State and Territory of Australia, we do not tolerate discrimination on any prohibited ground.

Unlawful discrimination can occur:

• at any time during the employment cycle for example, during recruitment, employment, leave, dismissal and retrenchment;
• even if it is not intended; or
• when interacting with other staff, customers or prospective employees.

There are two forms of unlawful discrimination:

• direct discrimination is when someone is treated less favourably in their employment due to one of the prohibited grounds. For example, not hiring someone because of their age, or race, or use of personal/carers leave, etc.
• indirect discrimination is when there is a requirement, condition, policy or rule which appears to be the same for everyone but has an unfair and unreasonable effect on people who share a particular attribute that is protected by law i.e., a prohibited ground. For example, only employing persons of a certain height may be indirectly discriminating against women, who are on average, shorter than men.

8. What is Harassment?

Harassment is behaviour, which is unreasonable, uninvited and unwelcome that a reasonable person would consider:

• offends, humiliates, intimidates or threatens another person, or
• makes our workplace uncomfortable and hostile for others.

It is against the law to harass someone on the same prohibited grounds listed for unlawful discrimination.

Harassment can occur as a single act or repeated incidents, including persistent innuendos or threats. It does not need to be directed at a specific individual to be unlawful, as it can create a hostile work environment for others. For example, others can complain if they are offended by overheard conversations.

Sexual Harassment

For information and expectations about sexual harassment, sex-based harassment and conduct that creates a hostile work environment on the grounds of sex refer to our Managing Sexual Harassment Policy.

LGBTQIA+ Status Harassment

This involves harassment that targets an individual or group based on sexual orientation or gender identity. This includes homophobia and transphobia.

Examples of LGBTQIA+ harassment include:

• making hurtful, derogatory or unwanted comments about a colleague’s or customer’s sexual orientation, such as to a person who is bisexual;
• knowingly incorrectly identifying a person’s gender identity, such as towards a colleague who has affirmed their gender;
• initiating gossip at work, or innuendo, such as towards someone who is intersex; or
• using discriminatory or hurtful language in conversations, even when not directed to a specific person.

Racial Hatred

It is unlawful to do or say something in public that harasses a person or group because of their race, colour, or national or ethnic origin.

Racial hatred can take many forms including threats, abuse, gestures, insults, taunts and posting offensive material on social media. Some examples include making racially based jokes, calling people racial names or making racial slurs and remarks.

9. What is Bullying?

Bullying is repeated, unreasonable behaviour directed towards an individual or group that creates a risk to health and safety.

Bullying behaviour does not need to be based on a prohibited ground of discrimination, such as gender or gender identity, disability, race, or age. A person might be bullied for any reason.

Bullying generally involves repeated behaviour. A single incident typically does not qualify as bullying but should still be addressed as it may involve other unacceptable conduct. Bullying can consist of a range of unreasonable behaviours over time.

Bullying can be intentional or unintentional. The test is whether a reasonable person, considering the circumstances, may see the behaviour as unreasonable.

Examples of bullying may include:

• abusive behaviour towards another employee such as threatening gestures or physical violence;
• aggressive or abusive or offensive language or comments, including threats or shouting;
• demeaning remarks; or
• constant unreasonable and unconstructive criticism.

Examples of subtle bullying may include:

• deliberate exclusion, isolation or alienation of an employee from normal work interaction, such as intentionally excluding the employee from meetings or work activities;
• setting tasks or deadlines that are unreasonable;
• spreading misinformation or malicious rumours or undermining another employee, including encouraging others to 'gang up' on the employee;
• deliberately changing work arrangements such as rosters and leave to deliberately inconvenience a particular employee;
• denying or withholding access to information, supervision, consultation or resources such that it has a detriment to the worker; or
• excessive scrutiny at work.

What bullying is not?

Not all workplace conflict will constitute bullying. Differences of opinion and disagreements will generally not be considered bullying.

Reasonable management action taken in a reasonable way is not bullying. It is reasonable for Managers to allocate work and to give fair and reasonable feedback on a worker’s performance.

Examples of reasonable management action include:

• Setting reasonable performance goals, standards and deadlines;
• regular coaching and feedback on performance and/or behaviour;
• giving lawful instructions about the performance of duties or exercising reasonable supervision;
• implementing organisational changes or restructuring and/or transferring a worker for operational reasons;
• not selecting an employee for promotion where a reasonable process is followed;
• taking disciplinary action for misconduct including suspension or termination of employment; or
• managing unsatisfactory performance.

10. What is Villification?

Vilification means doing or saying something in public that creates, encourages or incites hatred, serious contempt, revulsion or serious ridicule for a person or group of people on a ground(s) which is unlawful under relevant Federal / State / Territory legislation. Such grounds include:

• race, ethnic background, or language, including sign language;
• religious beliefs, affiliation or activity (or lack thereof);
• condition relating to health;
• gender or gender identity including being transgender or non-binary;
• sexuality, such as someone identifying as gay, lesbian or bisexual;
• disability status;
• age;
• relationship or marital status, parental status, family responsibilities, or carer responsibilities;
• pregnancy or breastfeeding;
• political opinion, affiliation or activity;
• trade union or employer association activity;
• subjection to domestic and family violence;
• accommodation status;
• employment status;
• lawful sexual activity; or
• irrelevant medical or criminal records.

An example of vilification is making severely contemptuous and highly offensive statements about a particular race in a team meeting.

11. What is Victimistion?

Victimisation occurs when a person is treated unfairly or suffers negative consequences because they have raised a concern, made a complaint, or supported someone else in doing so.

This includes being:

• Dismissed, demoted, or denied opportunities;
• Subjected to adverse comments, pressure, or threats;
• Isolated or excluded from meetings, training, or workplace activities; or
• Treated less favourably by colleagues or managers.

You may be experiencing victimisation if you are treated unfairly because you have:

• Made or are considering making a complaint about discrimination, bullying, harassment, vilification, or other inappropriate conduct;
• Participated in a complaint or investigation (e.g., as a witness or support person); or
• Supported another person who has made a complaint.

Example: An employee is excluded from a training opportunity or social event because they were involved in a complaint process. This is considered victimisation and is unacceptable.

Victimisation is a serious breach of this Policy and may result in disciplinary action, including termination of employment.

12. Confidentiality

Confidentiality must always be maintained between all parties as far as possible. Employees who breach confidentiality may face disciplinary action. Information related to grievances, including the identities of those involved, will only be shared with those directly handling the resolution process.

Employees can discuss the details with medical professionals, counsellors, legal advisers, the police, their immediate family members, or other support persons (who must maintain confidentiality). Maintaining confidentiality will help reduce gossip and misinformation, which can be detrimental to people’s well-being and the achievement of a positive outcome.

13. Submitting a Grievance

People are encouraged to raise concerns about any inappropriate behaviour. We will consult with you on how to address your concerns and take into account the outcome you are seeking. We will, where possible, preserve your anonymity. However, if a formal investigation is required, we will consult with you on how it will be conducted.

Where this is the case, we will consult with you on how the investigation is conducted (this may involve a formal interview with you and witnesses) and take your preferences into account.

We will also discuss with you any arrangements to support you during the time your concern is being resolved (for example, working from home or at another location).

For information on submitting a grievance, please refer to the Grievance Policy.

14. Consequences of Policy Breaches

Discrimination, bullying, harassment, and other forms of abuse or intimidation are treated seriously by the Council and may lead to disciplinary action, including termination of employment.

15. Seeking Support

People who have been impacted by inappropriate behaviour in the workplace can obtain support by accessing CDRC’s Employee Assistance Program on 1800 193 123.

Employees can also seek support from their manager or the People and Culture team, if they feel comfortable.

Review History