WFR-PR-006: Workplace harassment, sexual harassment and violence

• Anti-Discrimination Act 1991 Ch1 to 9 http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_A.htm
• Criminal and Misconduct Act 2001 ss14-19 http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_C.htm
• Disability Discrimination Act 1992(Cwth) ss5-11 http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401406?OpenDocument
• Human Rights and Equal Opportunity Commission Act 1986 (Cwth) (new window) ss19A, 30 http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/679EBEFB34CAEAF6CA257140001ACE5C/$file/HumRightEqOppComm1986_WD02_Version1.pdf
• Industrial Relations Act 1999 ss34-37 http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_I.htm
• Public Service Act 1996 (new window) ss87-92 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicServA96.pdf
• Racial Discrimination Act 1975 (Cwth) s15 http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401654?OpenDocument
• Racial Hatred Act 1995 (Cwth) s3 http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200403793?OpenDocument
• Sex Discrimination Act 1984(Cwth) ss14-28L http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401301?OpenDocument
• Whistleblower Protection Act 1994 ss3, 7, 8, 14, 15, 18,19 and 29 http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_W.htm
• Workplace Health and Safety Act 1995 ss18-31 http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_W.htm

• Grievance Resolution Directive http://www.psier.qld.gov.au/direct/index.shtml
• Code of Conduct http://education.qld.gov.au/corporate/codeofconduct/index.html
• Prevention of Workplace Harassment Code of Practice 2004 (new window) http://www.deir.qld.gov.au/pdf/whs/harassment_code2004.pdf

Statement of intent

The Department of Education and the Arts is committed to working with its employees to create and maintain a work environment that is free from workplace harassment, sexual harassment and violence.

Principles underpinning this commitment include:

• Fair and equitable treatment for all
• Safe and healthy work practices and environments and a concern for staff welfare
• Compliance with legislative requirements
• Prompt resolution of grievances and complaints.

Workplace harassment is the repeated behaviour, other than behaviour amounting to sexual harassment, by another or others in the workplace that:

• Is unwelcome and unsolicited; and
• The person considers to be offensive, intimidating, humiliating or threatening; and
• A reasonable person would consider to be offensive, intimidating, humiliating or threatening.

Workplace harassment can include vilification

The term 'workplace harassment' has replaced what has been more commonly understood as 'workplace bullying'. The Department recognises 'workplace bullying' to have the same definition as 'workplace harassment' and, as such, it is considered inappropriate behaviour.

Workplace harassment does not include reasonable action taken by management to address issues of employee performance. It does not include reasonable action taken by the chief executive in connection with a person's employment.

Sexual harassment is unwelcome conduct of a sexual nature directed towards another person and this behaviour is intended to offend, humiliate or intimidate the person, or where a reasonable person would have anticipated the possibility of offence, humiliation or intimidation.

Violence includes physical violence, which arises out of disputes, or adverse interpersonal relations between employees, clients and visitors in and around their place of employment.

Responsibilities

• Take reasonable steps to prevent workplace harassment, sexual harassment and violence from occurring in all workplaces
• Respect employees' rights and the needs of individuals
• Provide employees with formal avenues of complaint and support
• Manage grievances according to Office of the Public Service Commissioner Grievance Directive
• Manage consistently allegations of serious or official misconduct, within the provisions of the Whistleblower Protection Act 1994 and the Criminal Justice Act 1989. Discuss allegations of this nature with the department's Crime and Misconduct Liaison Officer, who will advise on the appropriate process for dealing with the matter.
  

• Treat others with respect and dignity
• Refrain from behaviours that may constitute workplace harassment, sexual harassment or violence
• Comply with departmental policy and relevant legislation in particular the Department of Education and the Arts' Code of Conduct
• Understand that they are encouraged to resolve workplace issues informally prior to lodging or initiating a formal grievance process under the Office of the Public Service Commissioner Grievance Directive
• Understand that if found to be in breach of this policy that they may be subject to disciplinary action outlined in relevant award and agreement provisions.
  

• Model appropriate workplace behaviour
• Monitor the workplace for incidences of inappropriate behaviour and take appropriate action to resolve grievances and complaints
• Deal with all complaints seriously and confidentially and in accordance with relevant directives and guidelines.
  

• Provides a specialised service of confidential counselling. The service is available free of charge to any employee of the Department with work-related or personal problems and available in different district locations throughout the state.

Forms

• Not Applicable

Not Applicable

Other relevant documents

• Definitions/strategic/eppr/workforce/wfrpr006/definitions.html

Contacts

For information about workplace harassment, sexual harassment and violence, contact:

• Workplace Harassment, Sexual Harassment and Violence Policy - Version: Version 3 March 2004