1. Legislation
In adhering to the above Policy Statement, members shall have regard to legislation, including:
- The Anti-Discrimination Act 1977 (NSW)
- The Racial Discrimination Act 1976 (Cth)
- The Sex Discrimination Act 1984 (Cth)
- The Disability Discrimination Act (Cth)
- The Human Rights and Equal Opportunity Commission Act 1987 (Cth)
2. Definitions
“Discrimination” means treating someone unfairly because they happen to belong to a particular group of people – for example, because they are female, because they come from a particular ethnic group or because they have a disability. Discrimination is often the result of prejudice or negative stereotyping based on ignorance, fear or naivety.
Part 1 - Forms of Discrimination
3. Sex Discrimination
This occurs when someone is treated unfairly or harassed because they are female and not male, or male and not female. Sexual harassment is a type of sex discrimination. The following types of unwanted or unwelcome behaviour may be sexual harassment:
- Suggestive behaviour
- Staring or leering
- Wolf whistling
- Sexual jokes
- Sexual propositions.
4. Race Discrimination
This occurs when someone is treated unfairly or harassed because of their race, colour, nationality, ethnic or ethno-religious background.
5. Homosexual Discrimination
This occurs when someone is treated unfairly or harassed because of their sexual preference
6. Disability Discrimination
This occurs where someone is treated unfairly or harassed because they have a physical, intellectual, psychiatric, sensory or other form of disability or illness that has affected their body or brain structure or functioning. In accordance with legislative requirements, employers and others must make adequate services and facilities available unless it would cause them ‘unjustifiable hardship’ to do so.
7. Age Discrimination
This occurs when someone is treated unfairly or harassed because of their age.
8. Other Forms of Discrimination
Other forms of discrimination may include incidents where someone is treated unfairly or harassed because of their religion, marital status or because they are pregnant.
Part 2 - Grievances
9. Consideration of Complaints
All complaints received should be referred to the Management Committee for consideration. The Management Committee has the right to co-opt an ‘expert’ in an advisory, non-voting capacity as required. The Management Committee should meet to consider the complaint within six (6) weeks of the date upon which the complaint was received.
10. Complaints Procedures
- The Management Committee shall advise all parties concerned that a complaint has been received. The person named in the complaint will be given an invitation to respond, in writing within a reasonable time frame.
- The Management Committee shall review all information and may investigate any circumstances of the complaint.
- The Management Committee may choose to:
- accept a written response and mediate an understanding between the parties involved in the dispute.
- schedule a full hearing where all parties to the complaint may address the members of the Management Committee.
- The Management Committee will make the decision whether or not disciplinary action should be taken and what form this action should take.
- All parties will be informed of the decision in writing.
11. External Procedures
Nothing in this Part limits the ability of a complainant to seek redress from the NSW Anti-Discrimination Board or the Human Rights and Equal Opportunity Commission.
12. Time Frame
The Association makes a commitment to respond to each complaint quickly. All parties involved can expect to be informed of the Management Committee decision and disciplinary action within eight (8) weeks of the complaint being filed. If this is not possible, all parties will be notified in writing of the progress of the complaint.
13. Disciplinary Action
Disciplinary action may include:
- A letter to remind the person of the accepted standards of conduct expected by the Association.
- A letter of reprimand which becomes part of the permanent record of the employee or volunteer, and may influence future recommendations made by the organisation.
- Such further action, including suspension, as may be deemed appropriate by the Management Committee of the organisation.
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