Policy Statement 1.15: Equal Opportunity

AUSTRALIAN DENTAL ASSOCIATION VICTORIAN BRANCH INC. BRANCH POLICY STATEMENT 1.15 EQUAL OPPORTUNITY 1.

LEGAL OBLIGATIONS ACKNOWLEDGED

1.1

The Australian Dental Association Victorian Branch Inc (ADAVB) recognises its obligations as an employer under the Victorian Equal Opportunity Act 2010 and other legislation including the Sex Discrimination Act (1984), the Racial Discrimination Act (1975), the Disability Discrimination Act (1992) and the Age Discrimination Act 2004 (Cth), which makes it unlawful to discriminate against a person on the grounds of: • • • • • • • • • • • • • •

race (including ethnic origin); impairment or disability (including physical, intellectual or psychological disabilities); sex; age; physical features; pregnancy; breastfeeding; having children or not having children, or status as a carer; marital status, including being a de facto spouse; sexual orientation or gender identity; lawful sexual activity; religious belief or activity; political belief or activity; or industrial activity.

1.2

The Fair Work Act 2009 (Cth) provides that an employer must not take adverse action (including dismissing an employee) or prospective employee because of the person’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, policitcal opinion, national extraction or social origin.

1.3

The Branch has also recognised the unlawfulness of harassment and bullying and has dealt with these matters under Branch Policy Statements 1.16 and 1.24 respectively.

ADAVB Branch Policy Statement 1.15

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2.

ANTI-DISCRIMINATION

2.1

By establishment of this policy, the Branch makes a commitment to take all necessary steps to ensure that no person is subject to unlawful discrimination, such as: • treating a person less favourably than someone else in the same or similar circumstances because of one or more of the grounds listed above; • treating a person less favourably because of characteristics which apply, or are thought to apply, to persons of a particular group defined by one of the grounds listed above; or • imposing an unreasonable condition which some people of a particular group are less able to meet than others.

2.2

Specifically in relation to employment policies, no discriminatory action based on the above listed grounds may be taken in: • • • • • • • • •

advertising for employees; determining who should be offered employment; offering employment on certain terms; negotiating an employment agreement or contract; refusing or deliberately omitting to offer employment; denying access to training or retraining programs; denying or limiting access to opportunities for promotion, performance premiums or to any other benefits of employment; dismissal or retrenchment; imposing unreasonable working conditions.

However, it is not unlawful for the Branch to set reasonable terms or requirements of employment to suit the reasonable and genuine requirements of the position. It is also not unlawful for the Branch to discriminate where the employment would require special services or facilities that are unreasonable.

2.3

Any instance of unlawful discrimination will be treated as a serious disciplinary matter. Neither will any victimisation of a person making a complaint concerning alleged discrimination be permitted.

3.

COMPLAINTS

3.1

Verbal or written complaints concerning any discriminatory action should be addressed in the first instance to the Chief Executive Officer. Complainants may be asked to put their complaint in writing. The Chief Executive Officer will investigate any such complaint and determine if the alleged discrimination may be in breach of this policy and/or the relevant legislation.

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3.2

In the event the complaint is considered justified, appropriate remedial action will be taken immediately or a recommendation should be made to the Executive Committee for determination, and this shall be reported to Branch Council.

3.3

Complainants will receive written advice concerning the outcome of any investigation and actions arising from such investigations.

4.

RIGHT OF REVIEW

4.1

Complainants who are not satisfied with the outcomes of the processes administered by the Chief Executive Officer shall have a right of review by the Branch President. A written request for such review should be directed in confidence to the President of the day.

Branch Policy Statement

1.15

Number Adopted by Council

20 July 2009

Amended by Council

3 December 2012

Relevant Rules Relevant By-Laws See also

Historical policy reference: 116/95

Appendix 1 – Other Avenues

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BPS 1.15 Appendix 1 OTHER AVENUES The Branch encourages complainants to attempt to resolve complaints through the process outlined in this policy. However, complaints may also be taken up with: The Victorian Equal Opportunity & Human Rights Commission Level 3, 204 Lygon Street, Carlton VIC 3053 Tel: 1300 292 153 (toll free) Fax: 1300 891 858 Email: enquiries@veohrc.vic.gov.au TTY: (03) 1300 289 621 Advice Line: Weekdays: 9am-5pm www.humanrightscommission.vic.gov.au The Australian Human Rights Commission Level 3, 175 Pitt Street SYDNEY NSW 2000 GPO Box 5218 SYDNEY NSW 2001 Telephone: (02) 9284 9600 Complaints Infoline: 1300 656 419 General enquiries and publications: 1300 369 711 TTY: 1800 620 241 Fax: (02) 9284 9611 SMS for info pack or complaint form: 0488 744 487 (0488 RIGHTS) Email: complaintsinfo@humanrights.gov.au www.hreoc.gov.au Fair Work Australia Level 4, 11 Exhibition Street, Melbourne, 3000 GPO Box 1994, Melbourne, 3001 Telephone: (03) 8661 7777 Facsimile: (03) 9655 0401 Out of hours emergency: 0419 960 157 Email: melbourne@fwa.gov.au www.fwa.gov.au

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