AUSTRALIAN DENTAL ASSOCIATION VICTORIAN BRANCH INC. BRANCH POLICY STATEMENT 1.16 HARASSMENT 1.
INTRODUCTION
1.1
The Australian Dental Association Victorian Branch Inc. (ADAVB) is committed to ensuring that its employees are not subjected to harassment in the course of their work. Harassment has the effect of creating an intimidating, hostile and offensive work environment. It is by definition unwelcomed and one-sided, and both males and females can be victims. The ADAVB believes that all people have the right to work in an environment which is free of harassment.
2.
LEGISLATION
2.1
Harassment is recognised in relevant legislation as a form of discrimination. The Commonwealth Sex Discrimination Act (1984), the Racial Discrimination Act (1975), the Victorian Racial and Religious Tolerance Act (2001), the Disability Discrimination Act (1992) and the Victorian Equal Opportunity Act (2010) make harassment in the workplace unlawful, and place responsibility for such behaviour not only with the employee, but also with the employer.
2.2
Harrasment can also result in breaches of the Occupational Health and Safety Act 2004 (Vic).
2.3
In certain circumstances, harassment may constitute ‘adverse action’ by an employer under the Fair Work Act 2009 (Cth).
3.
HARASSMENT
3.1
Harassment varies in degree and the extent to which it causes affront and distress. It may result in the recipient feeling pressure, distress, guilt and confusion, and may create harmful work conditions of fear and conflict.
3.2
Harassment may occur between peers or between staff at different promotion levels and employment categories or between staff and visitors to the Branch. Such behaviour impairs the integrity of the staff concerned with other staff, Branch members, the public, contractors, work experience students, etc.
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3.3
The intention of this policy is not to interfere in people’s personal lives and relationships. However, the employer has a responsibility to ensure that harassment does not occur, and that professional standards of conduct are maintained in the workplace.
3.4
Any instance of harassment will be treated as a serious disciplinary matter. Neither will any victimisation of a person making a complaint concerning alleged discrimination be permitted.
4.
SEXUAL HARASSMENT
4.1
Sexual harassment occurs when a person: (a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or (b) engages in other unwelcome conduct of a sexual nature in relation to the other person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.
4.2
The following behaviours, while not representing an exhaustive list, constitute serious misconduct - sexual harassment - and should not be regarded as too trivial to warrant complaint: • • •
• • • • •
sexually offensive staring, leering or gesturing; sexually oriented verbal suggestions; sexually based jokes, remarks or innuendos directed at another person or in that other person's hearing. This includes the presentation within the workplace of sex oriented toys or gifts; displays of offensive pictures/publications; physical contact of a sexual nature, such as patting, pinching or brushing up against a person unnecessarily; unwelcomed questioning about a person's private life; the demanding of sexual favours in exchange for a job, or to keep a job or certain working conditions, such as promotion, transfer or training; and serious forms of sexual assault which could be the subject of police proceedings.
5.
RACIAL HARASSMENT
5.1
Racial harassment occurs when a person carried out an act, except in private, which: (a) is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and (b) is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
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5.2
Racial harassment can include: • • • • •
verbal abuse; distribution or display or racially oriented material; jokes or derogatory comments; segregation or isolation from other workers; and physical abuse.
6.
HARASSMENT OF THE DISABLED
6.1
It is unlawful for a Branch employee to harass another employee who has a disability in relation to that disability.
6.2
It is unlawful to harass a person who is – or wishes to – receive services from the Branch in relation to that person’s disability.
6.3
Generally, actions will need to be repeated in order to constitutue harassment in relation to disability.
6.4
An example of harassment in relation to a disability is using a derogatory nick name based on a person’s disability.
7.
GENERAL HARASSMENT (BULLYING)
7.1
General harassment, or bullying, is unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety. See the separate Bullying Policy (Branch Policy Statement 1.24) which should be read in conjunction with this Harassment Policy.
8.
IMPLEMENTING THE POLICY In discharging its legal responsibilities to provide a workplace free of harassment, the ADA VB's Chief Executive Officer must give attention to the following matters: • • • • •
advising the ADAVB Council on matters pertaining to harassment; advising ADAVB Council of any formal complaints that have been lodged with an external body; providing parties to a complaint with information about the options available for advice, support and complaint resolution; ensuring confidentiality in all matters relating to complaints of harassment; providing ongoing support and information to the work of Workplace Contact Persons.
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9.
EQUAL OPPORTUNITY OFFICER (CHIEF EXECUTIVE OFFICER)
9.1
The Equal Opportunity Officer is responsible for: • • • •
•
ensuring that proper standards of conduct are maintained at all times in the workplace and that harassment is actively discouraged; being aware of, and ensuring that all staff and visitors are aware of, relevant legislation and the Branch's policy and procedures in relation to harassment; ensuring that all employees, including casual and fixed term employees, are aware of their legal responsibilities with respect to harassment; ensuring that all staff members are made aware of the possible avenues for advice and the procedures for making complaints with respect to harassment; and including information on EO issues in all induction training.
10.
WORKPLACE CONTACT PERSONS
10.1
Workplace Contact Persons are responsible for: •
•
playing a pro-active role in the prevention of harassment by advising the Chief Executive Officer of workplace circumstances which could give rise to instances and complaints of harassment and by making recommendations for change; being the first point of contact for any person considering making a complaint or seeking advice about harassment.
11.
STAFF
11.1
All staff have a responsibility to: • •
ensure that their behaviour does not constitute, or foster, harassment; be aware of the ADAVB harassment policy and procedures.
12.
VISITORS
12.1
It is a condition of entry to the premises that all visitors comply with this policy.
12.2
Visitors who refuse to be bound by this policy may be refused entry.
12.3
Visitors who fail to comply with this policy may be asked to leave the premises.
13.
COMPLAINTS
12.1
See the Procedures for Advice and Complaint (Appendix 1 to this policy)
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Branch Policy Statement
1.16
Number Adopted by Council
20 July 2009
Amended by Council
5 December 2011
Relevant Rules Relevant By-Laws See also
Historical policy reference: 197/96
Appendix 1 - Procedures for Advice and Complaint Appendix 2 - Principles of Complaint Resolution Appendix 3 – Notice for visitors entering the premises
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PROCEDURES FOR ADVICE AND COMPLAINT
BPS 1.16 Appendix 1
1.
COURSES OF ACTION
1.1
Persons who believe that they are victims of harassment in the workplace have several courses of action open to them. Usually, it is preferable for all concerned to solve problems of harassment quickly, and internally, in a low-key and conciliatory way.
1.2
If you believe you are being harassed you may: • • •
tell the alleged offender that you object to the behaviour and do not want it repeated; write to the alleged offender outlining the cause for complaint and requesting that the behaviour stop; seek advice and support from a Workplace Contact Person or the Equal Opportunity Officer. If the Equal Opportunity Officer is the alleged offender, the matter should be directly discussed with the Branch President. In such circumstances the Branch President would perform the functions of the Equal Opportunity Officer.
2.
WORKPLACE CONTACT PERSON
2.1
The Workplace Contact Person will: • • • • • • •
be the first point of contact for a person considering making a complaint or seeking advice about harassment; listen to the complaint; provide the complainant with ongoing support; be able to inform the complainant of the range of options available; ensure confidentiality is maintained at all times; refer the complainant to the Equal Opportunity Officer if appropriate and if the complainant agrees. NOTE: It is NOT the role of the Workplace Contact Person to investigate or attempt to resolve a complaint. The Workplace Contact Person will refer the complainant to the Equal Opportunity Officer if they wish to lodge a formal complaint.
3.
EQUAL OPPORTUNITY OFFICER (CHIEF EXECUTIVE OFFICER)
3.1
The Equal Opportunity Officer will: • • •
ensure that complaints of harassment, when brought to his/her attention, are dealt with promptly and confidentially; provide information and advice to employees wishing to lodge a complaint; investigate formal complaints of harassment;
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• •
seek to conciliate formal complaints where appropriate in accordance with Appendix 2 to this policy; where conciliation does not resolve the complaint, or the problem is of a more serious nature, arrange for the complaint to be referred to the appropriate authorities.
4.
OTHER AVENUES
4.1
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, 380 Lonsdale Street, Melbourne VIC 3000 Tel: (03) 9281 7111 or 1800 134 142 (toll free) Fax: (03) 9281 7171 Email: information@veohrc.vic.gov.au TTY: (03) 9281 7110 Advice Line: Weekdays: 9am-5pm, Wednesdays 9am-1pm Tel: (03) 9281 7100 TTY: (03) 9281 7110 Email: complaints@veohrc.vic.gov.au www.humanrightscommission.vic.gov.au The Australian Human Rights Commission Level 8, Piccadilly Tower 133 Castlereagh 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) www.hreoc.gov.au
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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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BPS 1.16 Appendix 2 1.
PRINCIPLES OF COMPLAINT RESOLUTION
1.1
The following principles are fundamental to the operation of effective procedures for resolving complaints of harassment. • • • • • • • • • •
All complaints of harassment made against employees will be regarded as serious and will be accorded complete confidentiality. The focus will be on conciliation as the preferred mode of complaint resolution. The complainant will be informed of the ADAVB's harassment policies and procedures and will be provided with personal support where appropriate. The complainant maintains the right to determine the initial avenue for advice and complaint. When the Equal Opportunity Officer becomes aware of a formal complaint it must be acted upon immediately. The Equal Opportunity Officer must ensure that any harassing behaviour ceases immediately. All parties to a complaint have the opportunity to put their cases separately and be assured of an unbiased assessment of the situation. Appropriate counselling will be offered to parties to a complaint. Where possible, complaints and conciliation procedures will be handled at the workplace in order to avoid unnecessary escalation of complaints. Where this is not possible professional dispute resolution and conciliation services will be engaged.
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BPS 1.16 Appendix 3 1.
NOTICE FOR VISITORS ENTERING THE PREMISES
1.1
The following notice will be placed with the visitors book at reception: •
All persons entering ADAVB premises agree to be bound by the relevant ADAVB policies. A copy of these policies can be provided upon request. Failure to comply may result in visitors being asked to leave the premises.
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