Overview

• All HWH services are provided in a safe, flexible and respectful environment for our staff and clients, free from bullying, harassment and discrimination.
• We are committed to treating others, including other workers and clients, with dignity, courtesy and respect.
• This policy sets a standard for all workers and creates a positive environment for workers and clients.

• at all times, including when we provide services to clients and when we interact with members of the public
• on-site, off-site or after-hours work; during work-related social functions and conferences—wherever and whenever workers may be as a result of their duties
• to all HWH employees, including key managers and staff
• when workers encounter other clients and members of the public in the course of their duties

Policy

• recruitment and selection decisions based on merit and not affected by irrelevant personal characteristics
• work free from discrimination, bullying and sexual harassment
• raise issues or make an enquiry or complaint reasonably and respectfully without being victimised
• enjoy reasonable flexibility in working arrangements, especially when they need to accommodate family responsibilities, disability, religious beliefs or culture.

• follow the standards of behaviour outlined in this policy
• offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint
• avoid gossip and respect the confidentiality of complaint procedures
• treat everyone with dignity, courtesy and respect.

• model appropriate standards of behaviour
• take steps to educate and make staff aware of their obligations under this policy and the law
• intervene quickly and appropriately when they become aware of inappropriate behaviour
• act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard
• help staff resolve complaints informally
• refer formal complaints about breaches of this policy to key management personnel for investigation
• ensure employees who raise an issue or make a complaint are not victimised
• ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made
• seriously consider requests for flexible work arrangements.

• HWH understands that our employees are protected by law from discrimination, bullying, sexual harassment and all other behaviours that are unacceptable and unlawful under the following legislation: 
  • 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)    
• Any employee found to have engaged in such conduct will be counselled, warned or disciplined,
• Severe or repeated breaches may lead to formal discipline or dismissal.
• Any allegation of discrimination, bullying, or harassment is an incident, and we will follow the Manage Incident process to resolve it.

• When a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law (see list below). For example, an employee is harassed and humiliated because of their race or 
• Is refused promotion because of ageism, i.e. they are "too old".

• When an unreasonable requirement, condition, or practice is imposed that has or is likely to have, the effect is that it disadvantages people with a personal characteristic protected by law (see list below). 
  • For example, redundancy is decided based on people who have had a worker’s compensation claim rather than on merit.
• Protected personal characteristics under Commonwealth discrimination law include:
  • a disability, disease or injury, including work-related injury
  • parental status or status as a carer, for example, because they are responsible for caring for children or other family members
  • race, colour, descent, national origin, or ethnic background
  • age, whether young or old or because of age in general
  • gender
  • industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union
  • religion
  • pregnancy and breastfeeding
  • sexual orientation, intersex status or gender identity, including heterosexual, gay, lesbian, bisexual, transsexual, transgender, queer or questioning
  • marital status, whether married, divorced, unmarried or in a de facto relationship or same-sex relationship
  • political opinion
  • social origin
  • medical record
  • an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.
• It is essential to understand that it is against the law to treat someone unfavourably because you have assumed they have a personal characteristic or may have it at some time in the future.

• If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination.
• Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair work practices.
• We must be aware that this behaviour does not have to be repeated as discrimination under Commonwealth law—it may be a one-off event. Behaviours that may constitute bullying include:
  • sarcasm and other forms of demeaning language
  • threats, abuse or shouting
  • coercion
  • isolation
  • inappropriate blaming
  • ganging up
  • constant unconstructive criticism
  • deliberately withholding information or equipment that a person needs to do their job or access their entitlements
  • unreasonable refusal of requests for leave, training or other workplace benefits.
• HWH considers bullying unacceptable and may also breach work health and safety laws.

• Harassment is when a person, or a group of people, is intimidated, insulted or humiliated because of one or more characteristics. 
• This unlawful harassment can be a single incident or several incidents over a while.

• telling jokes about particular racial groups
• sending explicit or sexually suggestive emails or texts (see sexual harassment)
• displaying offensive or pornographic websites or screen savers (see sexual harassment)
• making derogatory comments or taunts about someone’s race or religion, gender, sexual orientation or disability
• making jokes and innuendos or threats to a person based on their sexual orientation (see sexual harassment)
• referring to a transgender person as ‘him’ although she identifies as female and has asked to be addressed accordingly
• asking intrusive questions about someone’s personal life, including their disability or sex life
• creating a hostile working environment, for example, where the display of pornographic materials, crude conversations, innuendo, or offensive jokes are part of the accepted culture.

• Sexual harassment is a specific and severe form of harassment, often in the form of unwelcome physical, spoken or written sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated.
• Sexual harassment can include:
  • comments about a person’s private life or the way they look
  • sexually suggestive behaviour, such as leering or staring
  • brushing up against someone, touching, fondling or hugging
  • sexually suggestive comments or jokes
  • displaying offensive screen savers, photos, calendars or objects
  • repeated unwanted requests to go out
  • requests for sex
  • sexually explicit posts on social networking sites
  • insults or taunts of a sexual nature
  • intrusive questions or statements about a person’s private life
  • sending sexually explicit emails or text messages
  • inappropriate advances on social networking sites
  • accessing sexually explicit internet sites
  • behaviour that may also be considered an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
• Even if someone does not object to inappropriate behaviour in the workplace, this does not mean they consent to it.
• Sexual harassment is covered in the workplace when it happens at work, at work-related events, between people sharing the same workplace or between colleagues outside of work.
• All staff and volunteers have the same rights and responsibilities concerning sexual harassment.
• A single incident is enough to constitute sexual harassment—it doesn’t have to be repeated.
• HWH key management will respond to all incidents of sexual harassment, no matter how large or small, quickly and appropriately.
• We recognise that comments and behaviour that do not offend one person can offend another.
• This policy requires sensitivity and the awareness to respect other people’s limits.

• Victimisation is subjecting or threatening someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation.
• Victimisation is against the law.
• It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.

• HWH employees should not discuss any complaint of discrimination or harassment with other employees, clients, or other providers.
• We take any breach of confidentiality of a formal complaint investigation or inappropriately disclosing personal information obtained in a professional role seriously.
• A breach of this policy may lead to formal discipline.

• All recruitment and job selection decisions are based on merit. The skills and abilities of the candidate are measured against the inherent requirements of the position, regardless of personal characteristics.
• HWH finds it unacceptable and potentially against the law to ask job candidates questions or to, in any other way, seek information about their characteristics unless you can show it is directly relevant to a genuine requirement of the position.

• HWH strongly encourages any employee who believes they have been discriminated against, bullied, sexually harassed or victimised to take appropriate action by speaking to key management or by submitting a complaint.
• Refer: Feedback & Complaint Form

• Any allegation that breaches this policy is an incident—refer to the Manage Incident Internally process for resolution.
• Allegations that breach this policy may lead to disciplinary action, including termination of employment—refer to the Manage Worker Performance process.
• Victimisation is also a serious breach of this policy and will likely result in formal discipline against the perpetrator.

• 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)    
• Children's Protection Act 1993
• Equal Opportunity Act 1984 
• Health and Community Complaints Commissioner (HCSCC) - Code of Conduct for Unregistered Health Practitioners.
• National Disability Insurance Scheme (Code of Conduct) Rules 2018, rule changes in 2021
• National Standards for Disability Services
• Privacy Act 1988 (Cth)
• Privacy Amendment (Notifiable Data Breaches) Act, No. 12, 2017 (Cth) 
• Workplace Gender Equality Act 2012 

• Privacy and Confidentiality 
• Work Relationships & Boundaries
• NDIS (Code of Conduct) Rules 2018 (Cth)
• Code of Conduct 
• Worker Code of Conduct Agreement - Template
• Social Media Policy
• Ethical Behaviour and Code of Conduct
• Duty of Care
• Duty of Care and Dignity of Risk
• Communications policy
• Work Health and Safety
• Workforce Management - Discipline & Dismissals
• Mandatory Reporting - vulnerable adults
• Child Safe Protection
• Clients' Complaints
• Client's Rights and Responsibilities
• Diversity and Inclusion
• Restrictive Practices
• Behaviour Management - clients
• Open Disclosure
• Working with Client Support Networks