Respect in the Workplace

Overview

ReGen Strategic and its associated entities (the Company) is committed to having a workplace where everyone, including clients and service providers is treated with dignity and respect, and where people’s differences are valued and accepted.

The Company also acknowledges that sexual harassment, unlawful discrimination, vilification and victimisation are workplace hazards which can cause physical and psychological harm to victims and anyone witnessing the behaviour. The severity of the impact of sexual harassment can vary. These impacts can have significant social and economic costs for workers, their family, their organisation and the wider community. The Company recognises that sexual harassment, unlawful discrimination and vilification are workplace safety issues which need to be eliminated or controlled so far as is reasonably practicable.

The Company will act in accordance with this policy in relation to its decisions and actions (including but not limited to decisions about employment, promotion and opportunities it makes available).

This policy:

explains the concepts of unlawful discrimination, sexual harassment, vilification and victimisation
confirms the Company’s approach to ensuring its working environment is free from unlawful discrimination, sexual harassment, vilification and victimisation
outlines what behaviour is expected of workers, and
sets out the steps that can be taken if a worker considers that this policy has been breached.

This policy does not deal with workplace bullying – please refer to the Prevention of Workplace Bullying Policy for details of the Company’s policy on workplace bullying.

Scope of this policy

This policy applies to all workers of the Company.

Workers engaged by the Company must comply with this policy at all times in the course of their engagement by the Company. However, this policy does not form part of any person’s contract with the Company or create any enforceable rights or entitlements for them.

Failure to comply with this policy is likely to lead to the Company taking disciplinary action against a person, which may include termination of the person’s engagement by the Company.

This policy applies in the workplace when it happens:

at work
at work-related events
between people sharing the same workplace
between colleagues outside of work, and
between employees and any other people connected with work (such as clients or service providers).

So as to avoid doubt, ‘work-related events’ include, but are not limited to:

work-related social events and functions
general social events, such as drinks with work colleagues after work
conferences
business and field trips
training programs, and
business or client functions.

The policy also applies to conduct on social media or conduct using the Company’s IT (computer, email and internet) system. Please refer to and read this policy in conjunction with the Company’s Social Media Policy and Acceptable Use of IT Policy.

Who is a ‘worker’?

In this policy, a ‘worker’ of the Company means any person who carries out work in any capacity for the Company, including work as:

an employee
a manager
an employee of a labour hire company who has been assigned to work in the Company (i.e. a ‘temp’)
an apprentice or trainee
a student gaining work experience, or
a volunteer.

The policy also applies to persons who would be ‘agents’ of the Company for whose conduct the Company could be vicariously liable under applicable legislation.

Unlawful discrimination

Although this policy deals with unlawful discrimination in the employment context, discrimination is also unlawful in other areas, including the provision of services, and access to premises.

What is unlawful discrimination?

Unlawful discrimination means treating a person or group less favourably on the basis of the person or group having a particular characteristic or attribute (known as ‘protected attributes’) prescribed under State or Federal legislation.

Unlawful discrimination can lead to personal liability for an individual discriminating against another and vicarious liability for the Company.

Applicable legislation includes:

the Sex Discrimination Act 1984 (Cth)
the Age Discrimination Act 2004 (Cth)
the Racial Discrimination Act 1975 (Cth)
the Disability Discrimination Act 1992 (Cth)
the Fair Work Act 2009 (Cth)
the Equal Opportunity Act 2010 (Vic)
the Equal Opportunity Act 1984 (SA)
the Anti-Discrimination Act 1977 (NSW)
the Equal Opportunity Act 1984 (WA)
the Anti-Discrimination Act 1991 (Qld)
the Anti-Discrimination Act 1998 (Tas)
the Discrimination Act 1992 (NT)
the Anti-Discrimination Act 1991 (ACT)

The various attributes protected by the above legislation and this policy include a person’s:

sex
sexual orientation
gender
gender identity or status (including being transgender/gender diverse or having had gender reassignment surgery)
marital status or pregnancy
breastfeeding
family or carer responsibilities
age
race
colour
descent or national or ethnic origin
religion or religious beliefs
physical, intellectual or mental impairment (disability)
political association or beliefs
membership of a trade union
employment or industrial activity
physical features
expunged homosexual convictions, and
personal association with someone who has, or is assumed to have, one of these attributes or characteristics.

Assumed attributes

A person can be subjected to unlawful discrimination based on an assumption they have a protected attribute, even if they do not. For example, it is still unlawful to discriminate against a person on an assumption he/she is homosexual.

Intention is irrelevant

It is important to understand that intention is irrelevant when it comes to discrimination. This means it does not matter whether a person means to unlawfully discriminate against another person, there can still be liability for unlawful discrimination.

Discrimination can lead to personal liability for an individual discriminating against another as well as vicarious liability for the Company.

Discrimination can be direct or indirect.

Direct discrimination

Direct discrimination occurs when a person treats, or proposes to treat, another person unfavourably because of one or more protected attributes.

Examples of direct discrimination include:

refusing to employ or promote a person because of a protected attribute
mocking, teasing or harassing a person because of a protected attribute
giving a person a lesser (or no) pay increase because of a protected attribute, or
not inviting someone out for social work drinks because of a protected attribute.

Disability discrimination imposes a positive duty on the Company to make ‘reasonable adjustments’ to accommodate a person with a disability, as long as doing so would not impose an unjustifiable hardship on the Company having regard to all the circumstances. This means that not making or proposing not to make reasonable adjustments to accommodate a person with a disability could also constitute unlawful direct discrimination. This means that not making or proposing not to make reasonable adjustments to accommodate a person with an illness, injury or disability could constitute unlawful direct discrimination.

Indirect discrimination

Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice:

that on the surface may appear neutral;
that has, or is likely to have, the effect of disadvantaging people who have a particular protected attribute, and
the requirement, condition or practice is not reasonable.

Whether a requirement, condition or practice is considered ‘reasonable’ depends on all the relevant circumstances.

An example of indirect discrimination could be where there is a minimum height requirement for a job (such as a police officer). This requirement, although appearing neutral on the surface, may have the effect of disadvantaging people of particular race or gender who may not meet the minimum height requirement. If this requirement is seen as not reasonable, then it could constitute indirect discrimination.

Sexual harassment

Definition

Sexual harassment is any unwelcome conduct of a sexual nature in relation to another person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the other person would be offended, humiliated or intimidated.

Sexual harassment is against the law and will not be tolerated by the Company.

Sexual harassment is against the law under the following legislation:

the Sex Discrimination Act 1984 (Cth)
the Fair Work Act 2009 (Cth)
the Equal Opportunity Act 2010 (Vic)
the Equal Opportunity Act 1984 (SA)
the Anti-Discrimination Act 1977 (NSW)
the Equal Opportunity Act 1984 (WA)
the Anti-Discrimination Act 1991 (QLD)
the Anti-Discrimination Act 1998 (Tas)
the Discrimination Act 1992 (NT), and
the Anti-Discrimination Act 1991 (ACT).

Sexual harassment can lead to personal liability for an individual harassing another as well as vicarious liability for the Company.

Examples of sexual harassment include:

Jokes or cartoons about someone’s appearance, body shape, or any other personal matter that may cause embarrassment and make people feel uncomfortable
Sexual or physical contact such as putting your arm around someone, slapping them, kissing, touching or patting them
Staring or leering in a sexual manner (e.g. looking someone up and down)
Standing deliberately too close to someone or deliberately brushing him or her as you walk past
Verbal abuse or comments that put down or stereotype people because of their sex, appearance or sexual preference
Offensive gestures and wolf whistling
Displaying material that is sexist, sexual explicit or homophobic (including but not limited to sexual emails, objects, photos, screen savers, or computer screen wallpaper)
Repeated sexual invitations when a person has refused similar invitations before
Sexually explicit or indecent emails, phone calls, text messages or online interactions
Repeated or inappropriate advances online
Actual or attempted sexual assault
Requests for sex, or
Intrusive questions or remarks about the person’s sexual activities or private life.

Sexual harassment is more likely to occur where alcohol is involved, where someone completely misreads the behaviour of another or a situation in general, and where someone is unaware of how their own conduct is perceived by others.

Sexual harassment is not always obvious, repeated or continuous. Unlike bullying, which is characterised by repeated behaviour, sexual harassment can be a one-off incident.

Sexual harassment can also be a behaviour that while not directed at a particular person, affects someone who is exposed to it or witnesses it (such as overhearing a conversation or seeing sexually explicit material in the workplace).

Third-party sexual harassment

Sexual harassment at the workplace may also be committed by a third-party, such as clients, barristers, contractors or members of the public.

The Company is committed to eliminating or minimising the risks of third‐party sexual harassment so far as is reasonably practicable.

Vilification

Vilification is public conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, a person or class of persons on certain prescribed grounds including:

a person or group’s race or their religious belief or activity, and
under New South Wales and Queensland legislation, a person’s sexual orientation or transgender status.

‘Public conduct’ includes conduct at work or conduct on the internet and can have occurred on a single occasion or a number of occasions.

Vilification is unlawful under the following legislation:

the Racial and Religious Tolerance Act 2011 (Vic)
the Anti-Discrimination Act 1977 (NSW)
the Racial Vilification Act 1996 (SA)
the Anti-Discrimination Act 1998 (Tas)
the Criminal Code 1913 (WA)
the Discrimination Act 1991 (ACT)
the Anti-Discrimination Act 1991 (QLD), and
The Crimes Act 1914 (Cth)

Vilification can lead to personal liability for an individual vilifying another as well as vicarious liability for the Company. Serious vilification can also lead to criminal prosecution.

Victimisation

Victimisation is unlawful.

Victimisation occurs if a person subjects or threatens to subject another person to any detriment because that person has:

alleged that any person has engaged in discrimination, sexual harassment or vilification
made a complaint or threatened to make a complaint of discrimination, sexual harassment or vilification
supported a complaint of discrimination, sexual harassment or vilification of another person
given information in connection with a complaint of discrimination, sexual harassment or vilification (including but not limited to any investigation into such a complaint)
been involved in or has otherwise done anything in connection with a complaint of discrimination, sexual harassment or vilification (including, but not limited to, an investigation into such a complaint), or
because it is believed that the person has done or intends to do any of these things.

Victimisation can lead to personal liability for an individual victimising another and vicarious liability for the Company.

No person will be treated adversely by the Company because of making a complaint or inquiry in relation to or under this policy.

Vicarious liability

The Company will be vicariously liable for unlawful discrimination, sexual harassment, vilification and victimisation unless it has taken all reasonable steps to prevent an employee from committing such acts in connection with his or her employment or engagement by the Company.

The Company believes taking the following steps will help to prevent the unlawful conduct described in this policy from occurring:

establishing and promulgating this policy
conducting training and refresher training in this policy for its employees
providing a safe physical and online workplace so far as is reasonably practicable
regularly consulting with the workforce
providing adequate supervision and regular communication among the workforce
encouraging those who experience or witness conduct in breach of this policy to report it
taking appropriate action where there are findings of breach of this policy
treating all parties fairly/impartially while allegations are dealt with, and
creating a work environment and culture which aims to be free from unlawful discrimination, sexual harassment, vilification and victimisation. This means:
- recruiting staff with values aligned with the Company’s values
- encouraging respectful and inclusive discussions about sexual harassment, discrimination and vilification
- encouraging positive leadership styles and investing in managers to achieve this
- supporting employees who come forward to make complaints, and
- acting on complaints, seeking advice from both parties as to how they wish to deal with the situation and promoting informal solutions before formal actions where appropriate.

Compliance with this policy

Unlawful discrimination, sexual harassment, vilification and victimisation are unacceptable.

All workers must ensure that while:

in the workplace or at work
at related social events, and
functions

they do not engage in any conduct as the terms are defined in this policy which is (or may be):

unlawful discrimination
sexual harassment
vilification, or
victimisation.

Conduct by workers found to be in breach of this policy may be considered misconduct and may constitute serious misconduct, either of which exposes a person to disciplinary action (which could include the termination of a person’s employment or engagement).

All persons covered by this policy must ensure they comply with the terms of this policy in relation to:

other employees of the Company
any other co-workers
clients and service providers of the Company, and
any other person with whom the person has contact in connection with their employment or engagement with the Company.

Responsibilities

It is the responsibility of everyone covered by this policy to:

ensure they familiarise themselves with the terms of this policy and comply with it, take reasonable care of their own health and safety while at work, and the health and safety of others who may be affected by what they do or do not do
act in a way which sets an example for other employees by ensuring their conduct in the workplace complies with this policy, and
provide support to complainants, victims or those accused and seek advice from HR as needed, and if they consider that discrimination, sexual harassment, vilification or victimisation may be occurring, ensure they take appropriate action in line with the policy process, which may include reporting conduct or encouraging a victim to report the conduct.

Managers

Without in any way limiting the other provisions of this policy, all managers must:

exercise due diligence to ensure the Company complies with its obligations. This includes taking reasonable steps to ensure the Company has and uses appropriate resources and processes to eliminate or minimise risks of sexual harassment
ensure they familiarise themselves with the terms of this policy, their responsibilities in relation to it and help employees to become familiar with this policy
act in a way which sets an example for other employees by conducting themselves in accordance with the terms of this policy
provide support to complainants, victims and those accused and seek advice from HR as needed
ensure they deal with any matter raised with them under this policy in accordance with its terms
take appropriate action to prevent conduct in the workplace that may be in breach of this policy
take immediate action to stop conduct in breach of this policy if they consider it is occurring
assist workers to have clarity on what their roles entail and the contents of this policy
intervene early to call out and deal with any unreasonable behaviour before it escalates
seek advice from both parties as to how they wish to deal with the situation
where appropriate look for other solutions before escalating an issue to higher levels (e.g. investigation), and
treat all parties fairly while allegations are dealt with.

Procedures to resolve complaints under this policy

The Company encourages all conduct in breach of this policy to be reported.

This policy establishes informal and formal procedures to resolve complaints, in relation to conduct prohibited by this policy.

Managers in this Company will treat all complaints and reports of discrimination, harassment or vilification seriously. If you are a victim, they are also able to discuss with you options to resolve the matter effectively.

Informal complaint procedure

If you are subjected to conduct you consider may be in breach this policy and you feel comfortable to do so, you may tell the person engaging in the conduct that you:

find their behaviour unacceptable and/or unlawful, and
want the behaviour to stop.

If the behaviour does not stop, or you do not feel able to discuss the matter with the person, you should raise the matter in one of the ways outlined below:

informally report the matter to your supervisor or manager or (if your supervisor or manager is the person engaging in the conduct, report the matter to another manager in the Company), or
by lodging a formal complaint with the Company.

Making an informal report may not require the Company to take any steps in relation to your report raised (though it may elect to do so and will do so if it considers the health or safety of any person is at risk).

Formal complaint procedure

If you want to make a formal complaint you can tell a representative of HR or a manager what has occurred. If your supervisor or manager is the person engaging in the conduct, report the matter to another manager in the Company. You may like to have a support person with you.

The person to whom you provide your formal complaint will act on it in accordance with his/her responsibilities set out in this policy.

In some cases the Company may ask you to make a written, signed statement outlining the complaint and may ask you for further details of the alleged conduct, such as relevant names, dates, locations and any witnesses.

The resolution of formal complaints may include:

recommending that an appropriate person assist the parties to resolve the matter
mediation between parties or a facilitated discussion between the parties
investigating the incident/matters (whether internally or using an external investigator)
conducting a workplace review
investigating the matters as a misconduct investigation, and
referring the matter to an appropriate external agency.

The Company is committed to the wellbeing of all its employees. To meet this commitment, the Company will decide whether and in what manner a complaint will be addressed.

Not all complaints will require a formal investigation, but all complaints will be taken seriously and will receive an appropriate and fair response. Some complaints, such as those arising from misunderstandings or miscommunication, may be adequately addressed by informal methods.

Confidentiality

The Company understands that making a complaint is not easy and a complainant may want to keep a report or complaint confidential. However, it may not be possible for the Company to take any appropriate action, including taking action to stop any conduct in breach of this policy from continuing, without involving others.

The Company will be mindful of any request to keep a complaint confidential and use appropriate sensitivity. However:

if you have reported conduct you believe is in breach of this policy, the Company is committed to acting on your complaint and it may not be possible for the matter to remain entirely confidential, and
the Company is obligated to take action to ensure the health and safety of its workers and others and may determine that, it needs to take action as a result of receiving an informal or formal report or complaint, even if you ask the Company not to take any action.

Nonetheless, the Company will take all reasonable steps to ensure details of your complaint are dealt with sensitively and only disclosed to those who strictly need to know those details.

False allegations prohibited

Allegations of discrimination, harassment or vilification have serious consequences for the lives of the individuals involved and for the Company.

If you make a report of discrimination, sexual harassment, vilification or victimisation:

spitefully
maliciously, or
without a genuine belief in the truth of the matters you are reporting

you may be subject to disciplinary action (which may include the termination of your employment).

Complaints to external bodies

While workers are encouraged to use the procedures in this policy, they have the right to, at any time during the process, seek advice from and/or lodge a complaint with external bodies including (but not limited to):

the Police
the Western Australia Equal Opportunity Commission
the Australian Human Rights Commission, or
the Fair Work Ombudsman.

How to avoid complaints being made about you

You can take the following steps to try to avoid complaints about you:

ask yourself how the conduct you display or observe fits in with the Company’s policies
have the Company’s policies at the forefront of your mind when you are interacting with other staff, clients and third parties
think about how your behaviour may be perceived, especially by new members of staff and those from backgrounds different to your own
consider how your demeanour is viewed, particularly when you are under stress (including your choice of language, tone and body language). Remember that perception of your conduct is what matters and that throw away comments often form the basis of complaints, and
finally, if you are wondering whether a particular remark or action is ‘above board’ or not, it is probably not.

Consequences of contravening the policy

If you engage in conduct in contravention of this policy and/or applicable legislation, you will be subject to disciplinary action, up to and including possible termination of your employment.

In cases of serious contravention of this policy and/or applicable legislation, your employment may be terminated summarily (without notice) for serious misconduct.

Workplace Support Plan

When an incidence of unlawful discrimination, sexual harassment, vilification and victimisation is notified, the Company will put in place a Workplace Support Plan. This plan will consider the immediate needs of the employee as well as one or more of the following forms of support:

Financial support

Financial support will be considered by the Company on a case-by-case basis to secure medical care, legal services, psychological and other related support services and career counselling.

Flexible working arrangements

Flexible working arrangements may be considered to enable an employee to manage their workload and personal life in a way that supports their well-being and where it is reasonable for the Company to do so. This may include changes to their span of hours or pattern of hours, changes to duties, relocation within the firm and/or any other appropriate flexible work arrangements as agreed with the Managing Director.

Counselling support

An employee experiencing unlawful discrimination, sexual harassment, vilification and victimisation will be offered counselling support through a trained clinical psychologist.

Please see APPENDIX A for further information relevant to employees who may be subjected to unlawful discrimination, sexual harassment, vilification and victimisation.

Appendix A

Australian Human Rights Commission – www.humanrights.gov.au
1800RESPECT is a national hotline dedicated to sexual assault, domestic and family violence counselling and information service. www.1800respect.org.au
Our Watch - www.ourwatch.org.au. Our Watch is a national leader in the primary prevention of violence against women and their children in Australia.
Beyond Blue - www.beyondblue.org.au. Australia’s most well-known and visited mental health organisation, focused on supporting people affected by anxiety, depression and suicide.
Sexual assault support services - https://humanrights.gov.au/our-work/sex-discrimination/list-support-services
Lifeline - www.lifeline.org.au - 13 11 14. Lifeline is a national charity providing all Australians experiencing a personal crisis with access to 24 hour crisis support and suicide prevention services.
QLife – https://qlife.org.au/- 1800 184 527. A safe space for the LGBTQIA+ community to seek support.
ReachOut - https://about.au.reachout.com/. ReachOut Australia has more than 20 years’ experience of delivering digital mental health and wellbeing programs.
MensLine Australia - www.mensline.org.au – 1300 789 978. MensLine Australia is the national telephone and online support, information and referral service for men with family and relationship concerns. The service is available from anywhere in Australia and is staffed by professional counsellors, experienced in men’s issues.