1. Purpose

The purpose of the Anti-Bullying Policy (Policy) is to outline the framework that enables the Australian Computer Society (ACS) to create a work environment that is free from bullying. ACS is committed to upholding a workplace free of any kind of bullying for all Workplace Participants.

2. Scope

This Policy applies to all employees of the ACS, and to all persons carrying out work in any capacity for ACS, including ACS’s management committee, members, consultants, contractors (and their personnel), and volunteers for ACS, either at or away from ACS’s premises (Workplace Participants).

3. Compliance

ACS will, under no circumstances, tolerate bullying in the workplace.

Additionally, in some cases, bullying may also constitute a breach of a Workplace participant’s work health and safety duties and may also constitute a criminal offence under criminal laws.

This Policy does not form part of any employee’s contract of employment or any contractor’s contract for services and does not otherwise impose contractual or other legally binding obligations on ACS.

However, all Workplace Participants must comply with this Policy. Breaches of this Policy will be taken very seriously. Where such conduct is investigated and found to have occurred, it may result in ACS acting, pursuant to section 8 of this Policy.

This policy is an Ethical and Professional standard under ACS Rule 7.1.1(b) and any breach by ACS members may be referred to the Disciplinary Committee.

4. Definitions

Workplace Bullying is repeated, unreasonable behaviour directed towards a Workplace Participant or a group of Workplace Participants, that creates a risk to health and safety.

Bullying can take many different forms of unreasonable behaviour, which can be obvious (direct) or subtle (indirect).

Bullying can be harmful to the person experiencing it, to those who witness it, and to ACS.

Direct Bullying Vs Indirect Bullying

Direct Bullying

Includes, but is not limited to:

• Abusive and offensive language;

• Behaviour or language that frightens, humiliates, belittles or degrades, including criticism that is delivered with yelling or screaming;

• Spreading misinformation or rumours;

• Inappropriate comments about a person’s appearance, lifestyle or their family;

• Teasing and regularly making someone the target of pranks or practical jokes; and

• Interfering with a person’s personal property or work equipment. 

Indirect Bullying

Includes, but is not limited to:

• Unreasonably overloading a person with work or not providing enough work;

• Deliberately excluding, isolating or marginalising a person from normal work activities;

• Withholding information that is vital for effective work practices;

• Setting timelines that are difficult to achieve or constantly changing deadlines; and

• Setting tasks that are unreasonably below or beyond a person’s skill level. 

5. Roles and Responsibilities

ACS Executive Team:

• Uphold the objectives of this Policy and take necessary action to ensure compliance by all Workplace Participants.

Managers and Supervisors:

• ensure they understand and comply with this Policy;

• monitor the working environment to ensure acceptable standards of conduct are observed at all times;

• set a positive example by ensuring their own behaviour always meets acceptable standards, including resolving workplace conflict peacefully and without aggressive physical or verbal behaviour; and

• treat complaints seriously and confidentially.

All Workplace Participants:

• comply with the terms of this Policy, including by not engaging in any activity that is considered to be bullying;

• resolve any workplace grievances peacefully and without aggressive physical or verbal behaviour; and

• maintain confidentiality if they are required to provide information relating to the investigation of a complaint regarding bullying.

5.1 Where Might Bullying Take Place?

Bullying can occur in a range of circumstances including but not limited to:

• During normal working hours

• On work premises

• At work-related social functions outside of working hours or outside of normal work premises

• Social media

• Electronic methods of communication which are connected to work.

Bullying can take place between Workplace Participants, for instance:

• Between an employee and a supervisor/manager;

• Between an employee and a contractor; or

• Between an employee and a member.

5.2 What is not bullying?

• Workplace Participants should be aware that reasonable management action, carried out in a reasonable way, is not bullying.

• Managers and supervisors have a right to direct the way work is carried out, to monitor and give feedback on performance, make decisions about performance and take disciplinary action

• Management actions do not need to be perfect or ideal to be considered reasonable, and a course of action may still be reasonable even if particular steps are not.

5.3 Reasonable Management

Reasonable management action can include, but is not limited to:

• Performance management processes;

• Informing a Workplace Participant about inappropriate behaviour;

• Informing a Workplace Participant about unsatisfactory work performance; and

• Setting reasonable performance goals, standards and deadlines.

A single incident of unreasonable behaviour does not usually constitute bullying however it may be harassment and will be treated seriously.

Refer to the Anti-Discrimination and Harassment Policy (insert link)

Irrespective, such behaviour should not be ignored as it may have the potential to escalate into bullying behaviour.

6. Breaches of this Policy – What to do.

Any Workplace Participant who believes that they have been bullied or who has witnessed any bullying, should raise the matter with their manager (if appropriate), a member of the People & Culture team, or a member of the senior management team.

There are several ways in which conduct can be addressed.  This includes informal action such as confronting the person engaging in bullying behaviour directly (but only if the individual feels comfortable to do so), lodging a Grievance (ACS’ Grievance Policy and Procedure) or where anonymity is required, lodging a Whistleblower report .

7. Victimisation

It is unlawful for a Workplace Participant to victimise another Workplace Participant by subjecting that person to a detriment because they have made (or intend to make) allegations in relation to the conduct set out in this Policy, formal or informal, or otherwise taken part in a process regarding allegations of conduct set out in this Policy.  

It does not matter whether this occurred through an internal ACS process, or through a formal legal process such as proceedings before a court, tribunal or commission.

Any acts of victimization will be dealt with as a breach of this Policy, pursuant to section 9 below.

8. Training

All new starters are required to complete anti-bullying module on ACS’ online learning environment.

Additionally, ACS has annual compliance training through an online learning environment. Training for managers and supervisors includes topics to help foster a culture of psychological safety which is free from bulling and harassment.

9. Non-compliance

Breaches of this Policy will be taken very seriously.

Should any Workplace Participant be found to have engaged in behaviour that is prohibited by this Policy, it will result in appropriate action being taken (as determined by ACS in its discretion acting reasonably).

• Employees may be subject to disciplinary action, which may include, but is not limited to, counselling, an apology, transfer, demotion, a verbal or written warning, suspension or termination of employment, including without notice. 

• For ACS’ contractors, the termination or non-renewal of their contract for services may result from a breach of this Policy.

• Volunteers and/or Members of the ACS may be directed to cease providing volunteer services with immediate effect and be required to remove themselves from any contact with the complainant/victim.

• Members of the ACS may also be referred to the ACS Disciplinary Committee

Workplace Participants may also be personally subject to proceedings under work health and safety and criminal laws, as well as under the Fair Work Act 2009 (Cth) (which allows a person who has been bullied, to seek orders that any bullying stop).

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