Principle 2: Respect for Persons
Context:
In the performance of their work duties staff come into contact with a range of people such as students and their parents or guardians, clients, work colleagues, and other members of the general public. These people have a diverse range of views, aspirations, expectations and behaviour, so it is vitally important to extend and demonstrate respect for others in all communications and interactions. In turn, you can expect to be treated with respect and dignity by others. The positive relationships we build with others both internally and externally to the department will influence how well individual work goals and the department's mission and objectives are achieved.
Because individual and collective reputations reflect on the department it is important that relationships are conducted in a professional and courteous way. Staff whose work involves communicating with students have a special responsibility in providing appropriate role models for those students. Modelling appropriate behaviour and effective leadership for students can have a profoundly positive influence on a student's personal and social development.
Demonstrating respect for persons can be achieved by adopting a consultative approach to decision making, informing people of their rights, entitlements and responsibilities, and fulfilling a duty of care to others. The department maintains a significant amount of information about its public officials and clients in connection with their relationship with the department (e.g. information relating to medical reports, whistleblower disclosures, and disciplinary action). Staff need to respect the privacy and confidentiality of information held about people with whom they interact. Further information about privacy requirements can be obtained from Information Standards and Guidelines 
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on information privacy.
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In this Section:
Obligations
Standards
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2.1 Obligations
2.1.1 Every staff member has an obligation to:
- treat all people with dignity, courtesy, honesty, fairness and respect at all times
- respect and be sensitive to an individual's cultural and ethnic background
- respond to the reasonable requests of all clients, students (including parents/guardians), work colleagues and members of the general public in a helpful, courteous and timely manner
- actively discourage any form of harassment or unlawful discrimination
- ensure decisions that could adversely affect the rights or interests of others are procedurally fair, reasonable, honest, and impartial
- seek to ensure that clients, within and outside the department, are made aware of their rights and proper entitlements
- avoid offensive, abusive and discriminatory language and behaviour, workplace harassment and other forms of intimidation
- maintain confidentiality and adhere to any relevant legislation or policy provisions relating to the treatment of personal information
- access and use information only for the purpose for which it was originally gathered
- take reasonable steps to ensure the safety, health and welfare in the workplace of yourself as well as your co-workers and clients.
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2.1.2 All staff working with students under the age of eighteen years have an obligation to:
And / or if the Student Protection Policy is not applicable (TAFE Institute students)
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2.2 Standards
The following sections outline the standards you must adopt in your daily work for the department.
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2.2.1 Respecting the dignity, rights and views of others
Employees must respect the dignity, rights and views of others by:
- listening to and seeking to understand different points of view (this does not necessarily mean agreeing with the point of view)
- respecting cultural, ethnic and religious differences
- recognising that other officials are also bound by obligations in their public duties
- being courteous, sensitive, and honest in communications, and being considerate to the needs of others
- actively managing workplace conflict involving yourself or employees in your supervision to create positive and constructive outcomes
- working cooperatively and collaboratively with others to achieve common goals and a harmonious work environment and culture
- supporting the personal and professional development of others
- acknowledging and respecting the rights and responsibilities of colleagues to report suspected misconduct.
Demonstrated failure to respect the dignity, rights and views of others will amount to a breach of this code. This includes the aftermath of a disciplinary process when employees have an obligation to respect the confidential nature of the matter, and refrain from acting in a disrespectful or threatening manner towards persons who have been a party to the process.
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Example: Managing conflict resolution - Appropriate response
A new employee with strong views on a number of issues joins a work team. Another employee strongly expresses alternate views. As a result the employees seek to explore and understand the basis for their different viewpoints. They are therefore acting appropriately in demonstrating their responsibility in managing conflict situations in a respectful and tolerant manner.
Another employee takes offence at the new employee's views and privately decides to avoid all contact with that employee. This breakdown in communication adversely affects the information sharing process within the work unit and is not appropriate.
The supervisor of the work unit identifies the difficulty and strategically designs team building processes that address the impediment to open communication and relationship building. It is important that the supervisor intervenes in a timely manner so that the disharmony is not escalated.
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2.2.2 Protecting Students from Harm
All students (refer to Glossary for definition)have a fundamental right to a safe and trusted physical and emotional environment that is free from harm.
- You must read, understand, and comply with the department's SMS-PR-012: Student Protection Policy (all employees working in schools).
- You must be aware of your duty of care at common law (all employees).
- You must actively seek to prevent harm to students and support students who have been harmed.
- You must not impose corporal punishment on a student in the course of your professional duties.
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2.2.2 (a) Sexual Misconduct
- You must not engage in sexual misconduct with a student. Sexual misconduct is defined as:
conduct towards any person that would constitute a criminal offence of a sexual nature; or
conduct that is sexual harassment as defined in section 119 of the Anti-Discrimination Act 1991 (new window) ; or
any other sexual conduct by an employee directed towards or involving:
- any student under the age of 18 years where a professional relationship exists; or
- any student attending the school/s or institute/s where the employee works; or
- in the case of an employee employed under the Teachers' Award - State, any student under the age of 18 years attending any Queensland state school or Queensland state secondary college or Institute of TAFE; or
- a student aged 18 years or older which could reasonably be regarded as creating an apparent or actual conflict of interest between the employee's private interests and her/his professional duties.
- Examples of behaviour which would constitute either misconduct or sexual misconduct:
- unwarranted and inappropriate touching of students
- suggestive remarks or action of a sexual nature
- sexual exhibitionism
- obscene gestures, language, jokes containing sexual references or deliberately exposing students to the sexual behaviour of others in any form, other than in the case of prescribed curriculum material in which sexual themes are contextual.
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2.2.2 (b) Interactions with Students
- You must discourage and reject any advances of a sexual nature initiated by a student with whom you have a professional relationship, or where a prohibition on sexual conduct applies.
- Your interactions with students must be and be seen to be professional at all times; that is, you must not engage in behaviour that raises a reasonable suspicion that you have engaged in, or will engage in, sexual misconduct; or that the standards applying to the professional employee student relationship have or will be breached.
- You must not communicate with students using a personal mobile phone, either verbally or by text message unless prior approval has been given by your Principal or supervisor. You must discourage students from such communication with staff. Use of a departmental mobile phone must be for official purposes only.
- You must ensure that you do not communicate with students from a private or personal email address. School or institute policies which allow for communication with students via departmental email should be for official purposes only.
- You must not use personal cameras or mobile phones to photograph students unless prior approval has been given by your Principal or supervisor. The use of a personal or school mobile phone or camera to photograph students must be for official purposes only. Parental or custodial approval must be given for the publication of photographs of students.
- You must not use internet social networks such as Face Book, My Space or YouTube to contact or access present students enrolled in any school or institute.
- If you use internet social networks in your personal time you must ensure that the content is appropriate and private, and that you restrict access to specific people who are not students.
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Examples of inappropriate interactions (that is, behaviours that raise a reasonable suspicion that the standards applying to the professional employee - student relationship have or will be breached) include:
- flirtatious behaviour directed at a student
- dating a student
- spending significant time alone with a student other than to perform one's professional duties, or without other reasonable explanation
- expressing romantic feelings towards a student in written or other form
- disregarding appropriate physical distances from students
- using disrespectful language, including swearing, either directed at, or in the presence of, students.
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2.2.2 (c) Exemption
The following scenarios relating to pre-existing relationships are exempt from the general prohibition of sexual misconduct and related behaviour:
- a person who is in a lawful private relationship commences employment with the department and the continuation of the relationship would normally contravene this Code of Conduct
- a change of circumstances meaning that an employee who was in a lawful private relationship that did not contravene this Code is now in a relationship that contravenes this Code of Conduct - for example, their partner begins studying at the school where they work.
These exceptions to the general prohibition are subject to the employee immediately declaring the relationship or the change in circumstances to the Director, Ethical Standards. Failure to make this declaration may create liability for disciplinary action.
Following a confidential declaration, the department will cooperate with the employee to resolve any apparent or actual conflict of interest to enable the relationship to continue. However, any apparent or actual conflict between your private relationship and the performance of work duties must be resolved in favour of the public interest.
The department will respect the privacy of your relationship and maintain the confidentiality of the declaration, within the law. If a person makes an honest complaint or notifies the department in good faith about suspected sexual misconduct between an employee and a student, the department is required to advise the complainant/notifier (if known) that it is aware of, and has sanctioned the relationship, because it fell within the exceptional category of a pre-existing relationship.
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Examples of a Change of Circumstances to a Pre-Existing Private/Sexual Relationship Requiring Confidential Declaration
- A teacher is in a lawful private/sexual relationship with 17-year-old non-state school student that does not contravene this Code of Conduct. The student then enrols in a state school.
- A janitor is in a lawful private/sexual relationship with a 16-year-old student that does not contravene this Code of Conduct. The student then enrols in the school where the janitor works.
- An employee who makes a notification of suspected sexual misconduct and is advised by the department that it is a sanctioned relationship must respect the confidentiality of this advice.
- An employee must not cause, or arrange for detriment to be caused to another person because a person has made an honest report or complaint in good faith to an appropriate authority about actual or suspected harm to a student.
- An employee must not misuse their professional relationship with a student for improper personal or private gain.
- The decisions an employee makes about a student's academic work and/or conduct must be fair and reasonable in the circumstances.
- Teachers should strive to establish, build and maintain positive relationships with students so that the self-esteem and social development of students are enhanced.
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2.2.3 Interactions with parents/caregivers
Staff should be responsive to all reasonable requests of parents or caregivers in relation to their children's education, and should encourage professional partnerships that create optimal learning environments and opportunities for students.
Employees should engage in open and professional communication with parents/caregivers and report on a student's achievements and learning options in a way that promotes successful educational outcomes.
Any conflict of interest that arises between an employee's private relationship with a student's parent/caregiver and the impartial performance of their work duties should be avoided or resolved in the best interests of the student.
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2.2.4 Appropriate behaviour in a private capacity
The department has an obligation to respond to behaviours and actions by staff which may constitute a disciplinary breach. While an employee's liability for discipline lies essentially in behaviour or actions which occur in the workplace, there are circumstances when behaviours or omissions by the employee may have occurred outside normal working hours or even away from a school or departmental worksite. In cases when these occur as a result of behaviours or interactions in the workplace, they may constitute a breach of the code.
However upon investigation, the alleged behaviour or interaction by the employee would need to demonstrate a clear link with the workplace behaviour to constitute a breach. The situation would also need to reasonably satisfy the decision- maker that the basis of disciplinary action is the employee's "inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public service " (Section 187, 2(b) of the Public Service Act 2008 (new window) .
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Example
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2.2.5 Leadership and supervisory behaviour
Staff should be encouraged to demonstrate leadership in the performance of their work duties. Employees who supervise the work of other employees (or other people, such as student teachers or school volunteers) have further important responsibilities.
Supervisors should:
- set a good example of ethical conduct by encouraging and promoting behaviour consistent with this Code
- treat staff fairly, equitably, with consistency and respect
- ensure that all staff are made aware of their responsibilities under the Code and any legislation and policies relevant to their duties
- ensure that the department's policy and procedural requirements are met
- ensure that demands placed on staff are reasonable in the circumstances (e.g. staff have sufficient resources, assistance and/or skills to perform the work, and are given appropriate support)
- maintain open, honest and thorough communication with all staff
- ensure all staff understand the standards of performance expected of them
- monitor their own performance as managers or supervisors to ensure that their performance is making a positive contribution to the organisation and the work environment
- ensure workloads are equitably distributed among staff members.
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2.2.6 Aggressive behaviour by others
- Even though you are expected to provide high standards of client service, the department views any form of aggressive, threatening or abusive behaviour towards its officials by others as unacceptable. Such behaviour should never be accepted "as part of the job ".
- At times, a member of the community may act aggressively or in an offensive matter, despite an employee's best efforts to be helpful and understanding. When you are dealing with an individual who is upset, you should make every effort to put the person at ease. If your best efforts to calm the person have failed and/or you believe the situation places you or others in any danger, you are entitled to discontinue your dealings with the person immediately and notify your supervisor or manager. In these circumstances, the employee is entitled to suspend further contact with the person until it can be established there will not be a repetition of the aggressive behaviour.
- You must not reciprocate the aggressive behaviour. If a person attempts to physically attack an employee, any staff may use reasonable and necessary force to defend themselves against the attack.
- If the situation involves your supervisor/manager, raise the matter immediately with the next level of management in the department.
- Aggressive behaviour by students directed towards staff must be managed in accordance with the relevant behaviour management plan.
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2.2.7 Procedural fairness and natural justice
Procedural fairness and natural justice are processes that provide a legal safeguard to an individual whose rights or interests are, or could be affected. Employees responsible for the management and supervision of staff must ensure that these processes are applied in the management of complaints and allegations against staff members. Refer to APPENDIX 2 "Glossary of Terms " for further details.
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2.2.8 Workplace and sexual harassment
All staff, students and anyone else involved with the Department of Education and Training have the right to work in an environment that is free from intimidation, threat, humiliation and workplace harassment.
Harassment has detrimental effects on people and can severely damage the reputation of, and public confidence in, the department. People who are harassed can become distressed, anxious, withdrawn, depressed, and can lose self-esteem and self-confidence. If proven, incidents of workplace harassment will be regarded as a serious disciplinary matter. Staff should not tolerate unacceptable behaviour, and are to immediately report incidents of workplace harassment.
Offensive, abusive, bullying, belittling or threatening behaviour towards individuals or groups of people, performed in the course of work duties does not demonstrate respect for other people and amounts to a breach of this code.
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Example: Workplace harassment and inappropriate supervisory behaviour
A supervisor is constantly critical in a negative and personal way of an employee's work performance but fails to initiate arrangements to establish a supportive performance improvement plan in cooperation with the employee. The supervisor isolates the employee, allocates menial duties to them and seeks to have them transferred from the section without consulting the employee.
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2.2.9 Unlawful discrimination
You must not unlawfully discriminate against any person. Except where exempted by law (refer to the Anti-Discrimination Act 1991 (new window) ), it is unlawful to directly or indirectly discriminate against a person on the basis of the following attributes:
- sex
- relationship status
- pregnancy
- parental status
- breastfeeding
- age
- race
- impairment
- religious belief or religious activity
- political belief or activity
- trade union activity
- lawful sexual activity
- gender identity
- sexuality
- family responsibilities
- association with, or relation to, a person identified on the basis of any of the above attributes.
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Example: Unlawful Discrimination
A parent complains that a teacher should not be allowed to teach human relationships education because the teacher is homosexual. It is not disputed that the teacher performs their duties to a very high standard. The principal withdraws the teacher from this role based on the parent's complaint. The principal's decision to withdraw the teacher in these circumstances amounts to unlawful discrimination.
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2.2.10 Equal employment opportunity
The Department of Education and Training is an equal opportunity employer. All staff must ensure that their involvement in recruitment and selection processes conforms with legal and departmental requirements and are consistent with the Department's equal employment opportunity management plan.
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2.2.11 Safety, health and welfare
Employers, employees and other persons in a workplace have specific obligations under theWorkplace Health and Safety Act 1995 (new window) . To help you to achieve this, you are expected to familiarise yourself with the workplace health and safety obligations that are applicable to your work role and environment. For information about your obligations, refer to departmental guidelines.
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