Bullying, Harassment and Discrimination Policy

1. PURPOSE

DCIRS Community Care (“DCIRS”) promotes a respectful and inclusive workplace free from unlawful discrimination, sexual harassment, victimisation, and bullying. This Policy outlines employer and worker responsibilities to promote a respectful workplace and deal with unlawful behaviour.

This Policy will commence from 28 October 2024. It replaces all other bullying, harassment, and discrimination policies of DCIRS (whether written or not).

2. APPLICATION

This Policy applies to employees, contractors, and agents of DCIRS. All relevant individuals are collectively referred to in this Policy as “worker”. The Policy includes electronic, face-to-face, and out of hours interactions that could be reasonably connected to the workplace.

3. DEFINITIONS

Bullying is repeated and unreasonable behaviour, directed towards an individual or a group, which creates a risk to health and safety.

Harassment is when an individual or a group of people is intimidated, insulted, or humiliated. It can be a single incident or multiple incidents over a period of time.

Sexual harassment is unwelcome sexual behaviour which could be expected to offend, humiliate, or intimidate another person. It includes unwanted advance, contact, or communication of a sexual nature.

Unlawful Discrimination occurs when an individual is treated less favourably due to one or more protected attributes.

Victimisation occurs when someone subjects, or threatens to subject, another person to a form of detriment or harm, because they have made a complaint of discrimination or sexual harassment (or may do so), helped someone else make a complaint, or refused to do something because it would constitute discrimination, sexual harassment, or victimisation.

4. POLICY

DCIRS aims to provide its workers with a work environment free from physical and psychological harm.

DCIRS expects all its workers to uphold this Policy. Forms of unlawful discrimination, bullying, harassment, and victimisation will not be tolerated.

Discrimination

Unlawful workplace discrimination occurs when an individual is treated less favourably due to one or more of the following protected attributes and factors:

• Race, including colour, nationality, and ethnic origin;

• Sex, sex characteristics;

• Pregnancy and breastfeeding;

• Marital status and family or carer’s status or responsibilities;

• Age;

• Physical features (Victoria);

• Physical or mental disability;

• Lawful sexual activity;

• Sexual orientation and gender identity;

• Intersex status;

• Religious belief or activity;

• Political opinion or activity;

• Social origin;

• Experiencing family and domestic violence;

• Employment activity;

• Profession, trade or occupation;

• Medical record (irrelevant factors);

• Expunged or spent criminal convictions;

• Industrial activity; and/or

• Personal association with someone who has, or is assumed to have, one of these personal characteristics.

Excluding or isolating a person because of protected attributes will not be tolerated.

Workplace decisions must be made fairly using merit-based principles. See Recruitment and Selection Policy in conjunction with this Policy.

Bullying and harassment

“Unreasonable behaviour” means behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine, or threaten another person.

Bullying and harassment form a risk to the mental or physical health of an employee. When determining whether behaviour constitutes bullying or harassment, it is irrelevant whether or not the individual intended the behaviour, or whether they are aware it is bullying or harassment.

Bullying can include, but is not limited to:

• Physical or verbal abuse.

• Spreading malicious rumours, or gossip.

• Intimidation and threats whether physical or verbal.

• Psychological harassment (including non-verbal and electronic means).

• Unjustified criticism or complaints.

• Excluding or isolating a worker from workplace activities.

• Deliberating withholding information, resources, or support that someone needs to do their job.

• Deliberately changing work rosters to inconvenience a worker.

• Cyber bullying.

• Facilitating bullying behaviours through others.

Reasonable and fair management requests do not constitute bullying. It is not bullying for a supervisor or manager to make reasonable performance-related requests or to take reasonable actions for unsatisfactory behaviour or performance.

Sexual harassment

Sexual harassment must never be ignored. No-one has the right to sexually offend, humiliate or harm another person. Forms of sexual harassment include, but are not limited to:

• Comments about a person’s appearance or private life that could reasonably be interpreted as sexual harassment.

• Sexually suggestive behaviour such as leering or staring.

• Brushing against someone, touching, fondling, or unwanted hugs.

• Sexually suggestive comments or jokes.

• Displaying offensive materials (e.g. screen savers, photos, calendars, or objects).

• Repeated requests to go out (that are unwanted).

• Requests for sex.

• Sexually explicit emails, messaging, or posts and comments on social networking sites.

Sexual harassment occurs in the workplace when it happens:

• At work.

• At work-related events.

• Between people sharing the same workplace.

• Between colleagues outside of work.

  
  

Worker obligations

DCIRS expects its workers to be mindful of their own behaviour and its impact on others and to avoid all appearance of unlawful behaviour.

In addition, workers must:

• Report behaviour that is inconsistent with this Policy.

• Participate in training and professional development relating to this Policy.

• Never ignore harmful behaviour witnessed.

• Comply with requests from DCIRS to participate in complaint processes and investigations.

• Make complaints fairly, honestly, and in good faith.

• Only provide factual information. Avoid hearsay and feelings unrelated to the facts.

• Retain strict confidentiality.

• Not interfere with the process.

Manager obligations

• Role model fair and respectful workplace relations.

• Train and refresh workers in this Policy.

• Monitor your work area for signs of behaviour inconsistent with this Policy.

• Deal with complaints promptly.

• Exhibit empathy, fairness, and consistency during the complaint process and any subsequent investigation and resulting disciplinary action.

• Work to resolve the complaint satisfactorily, and within a reasonable timeframe.

• Maintain appropriate records and facilitate confidentiality.

  
  

Complaint procedure

DCIRS strongly encourages any worker who believes they have experienced unlawful discrimination, bullying, victimisation, and/or a form of harassment at work to raise their concerns promptly.

A worker may choose to speak with the perpetrator of the behaviour before putting in a complaint, but this is not required. An example of where this may be helpful is if a person is unaware of the impact of a hurtful comment or action and the situation can be resolved by raising the issue with them. This is not a suggested method for serious matters.

Complaints should be made to your manager in the first instance. For serious complaints, or for complaints relating to a manager or supervisor, complaints must be addressed to the Operations Manager, or the Managing Director.

Verbal complaints are welcome. Where possible, complaints should be followed up in writing. This process supports DCIRS to clarify the complaint and instigate any necessary investigations.

DCIRS reserves the right to obtain the services of an external workplace investigator. For complaints of a criminal, or potential criminal nature, the company may refer the matter directly to the police (for example, sexual assault).

Complaint outcomes

DCIRS will undertake a preliminary investigation to determine the nature of the complaint. Serious complaints will usually require a workplace investigation. This process may involve confidential conversations with witnesses.

Management will provide clear allegations to the individual answering to the complaint, along with adequate opportunity to respond to them. The respondent must not approach the complainant.

DCIRS may request an individual to not attend the workplace during an investigation, including for the individual’s safety and/or for the integrity of the investigation. The individual will be required to attend relevant meetings with management during this time.

During an investigation, both the complainant and the alleged perpetrator are entitled to a support person and can expect fair and confidential treatment.

Once an investigation is complete, both parties will be provided with an outcome of the investigation. However, it is DCIRS’s policy to not provide detail of disciplinary action taken against another employee.

Where allegations are substantiated, disciplinary action will be commensurate with the seriousness of the breaches and implemented on a case-by-case basis. However, serious breaches to this Policy may result in termination of employment.

For complaints of a less serious nature, potential outcomes may include, but are not limited to:

• An apology and/or amends for the behaviour;

• A mediated discussion between the parties to resolve the issue;

• External mediation, where this is appropriate and warranted;

• Training and refreshers, including of this Policy; and

• Relocating an individual within the workplace.

Confidentiality

It is critically important that everyone involved in a workplace investigation retains confidentiality. Discussing an investigation in the workplace, or with people connected with the workplace, is unhelpful and may impede or harm an investigation. Confidentiality breaches may also cause harm to individuals involved. Disciplinary or legal action may result.

Training and education

DCIRS will provide training and/or refreshers on matters related to this Policy. It is important that workers participate and engage in this process to support a positive workplace culture.

DCIRS may request its workers to attend training, development, or counselling sessions at its discretion, in the best interests of individuals and the collective workplace. This may include requesting a worker who has had a complaint made against them to attend sessions to assist them in complying with expected workplace behaviours.

Available support and contacts

DCIRS acknowledges that investigations can be stressful for those involved. Those participating in an investigation are encouraged to discuss their concerns and feelings with their manager or support person.

A Human Resources person is available for advice or support relating to this Policy, including if an employee is unsure whether to make a complaint or how to go about making a complaint. HR also provides an escalation point for complaints under this Policy.

HR contact: Katie Meadows at yourhrpartner@zoho.com or call/text 0479 162 735.

Employees are encouraged to contact the Employee Assistance Program for additional support and counselling. However, the EAP does not replace the reporting of incidents.

EAP contact: Wisdom Wellbeing - 1800 719 887 (website - wisdomwellbeing.au)

See Mental Wellbeing Policy for information on mental health and the EAP.

Breach of Bullying, Harassment, and Discrimination policy

Workers must comply with the terms and conditions contained in this Policy. Any breach of DCIRS’s policy may result in disciplinary action.

In the case of employees of DCIRS who are found to have breached this Policy, they may be subjected to disciplinary action. The type and severity of the disciplinary action will depend upon the circumstances of the case and the seriousness of the breach. Disciplinary action may include termination of employment. Contractors or agents of DCIRS who are found to have breached this Policy may have their contracts with

DCIRS terminated or not renewed.

5. ASSOCIATED DOCUMENTS

• Code of Conduct Policy

• Recruitment and Selection Policy

• Workplace Health and Safety Policy

• Mental Wellbeing Policy

6. VERSION AND REVIEW INFORMATION

DCIRS reserves the right to amend and vary this policy from time to time.

Version 1.0: 12 February 2024

Version 1.2: 28 October 2024 | Review date: 28 October 2027

Version 1.3: 2 January 2025 | Review Date: 2 January 2027

Version 1.5: 27 March 2025 | Review Date: 2 January 2027