1. Purpose

ACS strongly opposes and does not tolerate discrimination and harassment. This Anti-Discrimination and Harassment Policy (Policy) sets out the expectations of conduct and behaviour and the framework to eliminate discrimination and harassment for all Workplace Participants.

2. Scope

This Anti-Discrimination and Harassment Policy (Policy) applies to all employees of the Australian Computer Society Incorporated ABN 53 156 305 487 (ACS), and to all persons carrying out work in any capacity for ACS, including ACS management committee members, consultants, contractors (and their personnel), and volunteers for ACS, either at or away from ACS’ premises (Workplace Participants).

3. Compliance with this Policy

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 10 of this Policy. ACS is obliged to take reasonable and proportionate measures to eliminate as far as possible:

• discrimination on the ground of sex in work context;

• sexual harassment of Workplace Participants in connection with work;

• sex based harassment in connection with work;

• conduct creating a workplace environment that is hostile on the ground of sex;

• related acts of victimisation.

ACS aims to:

• Create a working environment where all Workplace Participants are treated with dignity, courtesy, and respect.

• implement training and awareness-raising strategies to ensure that all Workplace Participants know their rights and responsibilities;

• provide an effective procedure for complaints based on the principles of procedural fairness;

• treat all complaints in a sensitive, fair, timely and (to the extent practicable) confidential manner;

• take appropriate steps to prevent victimisation and reprisals;

• encourage the reporting of behaviour which breaches this Policy; and

• Always promote appropriate standards of conduct.

Workplace Participants should be aware that discrimination and harassment are unlawful. In some cases, such discrimination and harassment may also constitute a breach of a Workplace Participant’s work health and safety duties and may also constitute a criminal offence under applicable criminal laws.

4. Roles and Responsibilities

Workplace Participants:

• Comply with the terms of this Policy, including not engaging in any activity that is in breach of this Policy;

• Maintain confidentiality If they are required to provide information relating to the investigation of a complaint regarding discrimination and/or harassment;

• Offer support to anyone who is being harassed and let them know where they can get help and advice (they should not, however, approach the harasser themselves); and

• Refrain from spreading gossip or rumours.

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 and promote a working environment which is free from discrimination and harassment, as well as from any victimisation that may arise as a result of a complaint of such conduct being made;

• Set a positive example by ensuring their own behaviour always meets acceptable standards;

• Treat complaints seriously and confidentiality and take timely action to investigate (where appropriate) and resolve a complaint;

• Promote this Policy within their work area; and

• Refer complaints to another person if they do not feel that they are the best person to deal with the case (for example, if there is a conflict of interest or if the complaint is particularly complex or serious).

• Act immediately if you witness or are told about any conduct that may be in breach of this policy.

ACS Executive Team:

• Create a working environment which is free from discrimination and harassment, as well as from any victimisation that may arise as a result of a complaint of such conduct being made;

• Uphold the objectives of this Policy, and take necessary action to ensure compliance with this Policy by all Workplace Participants (including where such conduct amounts to victimisation); and

• Treat all complaints seriously.

5. Discrimination

Discrimination occurs when a person is treated less favourably than another because they happen to belong to a particular group or have a particular characteristic.

5.1 Grounds of Discrimination

Discrimination is unlawful if the person is treated less favourably because of the following characteristics or attributes (or due to a person’s association or connection with a person who possesses one of these characteristics or attributes):

• Age (including forcing someone to retire at a certain age),

• Carer’s responsibilities (including current responsibilities, presumed responsibilities, responsibilities that the person had or is presumed to have had in the past and responsibilities that the person will have or is presumed will have in the future),

• Disability (including past, present or future disability, actual or presumed disability, physical, intellectual or psychiatric disability, behavioural disorder, learning disabilities, changed or different body parts and any virus or bacteria in the body that could cause disease such as HIV),

• Homosexuality (male or female, actual or presumed),

• Marital, relationship, or domestic status,

• Race (including colour, ethnic background, ethno-religious background, descent or nationality),

• Sex (including pregnancy and breastfeeding), and

• Transgender status (actual or presumed),

• Trade union activity,

• Sexual orientation,

• Criminal conviction, and

• Any other legislated attribute.

5.2 Direct and Indirect Discrimination

Discrimination can be direct or indirect.

Direct Discrimination:

• Direct Discrimination means treatment that is less favourable on any of the prohibited grounds, in any of the areas covered by legislation relevant to Discrimination and section 6.1 of this Policy.

• Example: not hiring someone because they are considered to be too old or too young for the job would be direct age discrimination.

Indirect Discrimination:

• Indirect Discrimination occurs where a perpetrator (deliberately or unintentionally) requires one or more persons to comply with a requirement or condition, that is not reasonable, with which a substantially higher proportion of persons without that attribute (or who have a relative or associate without that attribute), comply or are able to comply, and with which the person does not or is not able to comply.

• May occur where a rule, policy, practice or procedure is applied to all equally, but which has an unequal or disproportionate effect or result on people with a protected attribute.

6. Sexual Harassment

6.1  What is Sexual Harassment?

Any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated.

Sexual harassment can also occur in a sexually charged or ‘hostile’ work environment, even if the conduct is not directed at a specific person.

Sexual Harassment can take different forms, including physical contact, verbal comments, the display of offensive material and uninvited intimacy.

Examples of sexual harassment include:

• Threatening or taking adverse employment action if sexual favours are not granted;

• Demands for sexual favours in exchange for favourable or preferential treatment;

• Unwelcome and repeated flirtations, propositions or advances;

• Unwelcome physical contact, whistling, leering, improper gestures or offensive remarks, including unwelcome comments about appearance, sexual jokes or inappropriate use of sexually explicit or offensive language;

• The display in the workplace of sexually suggestive objects or practices;

• Sending sexually explicit emails or text messages;

• Requests for sex;

• Intrusive questions about a person’s private life;

• Repeated unwanted requests to go out on dates; and

• Sexually suggestive comments or jokes.

What may be acceptable socially or in private life may be inappropriate in a work context.

Sexual harassment is not behaviour which is based on mutual attraction, friendship, and respect. If the interaction is consensual, welcome, and reciprocated, it is not sexual harassment.

Additionally, sexual harassment is unlawful in a range of circumstances under state and federal legislation, including but not limited to the Sex Discrimination Act 1984 (Cth).

6.2 What is sex-based Harassment?

Harassment on the grounds of sex is any unwelcome conduct of a seriously demeaning nature by reason of the person's sex in circumstances in which a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Examples of harassment on the grounds of sex include:

• asking intrusive personal questions based on a person’s sex

• making inappropriate comments and jokes to a person based on their sex

• displaying images or materials that are sexist, misogynistic or misandrist

• making sexist, misogynistic or misandrist remarks about a specific person

• requesting a person to engage in degrading conduct based on their sex

6.3 Where might Unlawful Sexual Harassment, or Harassment on the Grounds of Sex, Take Place?

Sexual harassment or harassment on the ground of sex can occur during normal work hours and on work premises, but can also occur at work-related social functions outside of working hours or outside of normal work premises (such as at an ACS Christmas party, ACS event or where a Workplace Participant is required to travel for work), and on social media and/or electronic methods of communication which are connected to work.

Sexual harassment or harassment on the ground of sex can occur in person, and also by electronic means. For example, sending (including forwarding and otherwise engaging with) inappropriate emails containing inappropriate content while at work, or using an ACS email account. Workplace Participants are reminded that email and other electronic communications are not private, and inappropriate use of email and other electronic mediums can constitute as sexual harassment or harassment on the ground of sex.

7. Breaches of this Policy – What to do

Any Workplace Participant who believes that they have been discriminated against or unlawfully harassed or who has witnessed any unlawful discrimination or harassment, 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 harasser 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 (insert link).

Whilst ACS endeavours to resolve matters internally, in addition to making an internal complaint as described above, Workplace Participants can also obtain information and make a complaint regarding discrimination or harassment, to the Australian Human Rights Commission. Further information can be found at https://www.humanrights.gov.au.

Workplace Participants can also seek advice from a lawyer or their union. Employees can also contact AccessEAP if they require support.

8. 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 victimisation will be dealt with as a breach of this Policy, pursuant to section 9 below.

9. Consequences of breaching this Policy

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 may be directed to cease providing volunteer services with immediate effect and be required to remove themselves from any contact with the complainant/victim.

• Volunteers may also be referred to the ACS Disciplinary Committee

Discrimination, sexual harassment and harassment on the ground of sex is against the law in a range of circumstances under state and federal legislation, including but not limited to the legislation in each Australian state and territory. Action could be taken against Workplace Participants personally for engaging in discrimination, sexual harassment or harassment on the ground of sex. Employees could also be exposing ACS to liability.

Workplace Participants should also be aware that if their conduct constitutes a breach of applicable legislation, they could be exposed to legal action being taken against them personally (including facing civil and/or criminal charges for their actions).

10. Further Information

If an employee or Workplace Participant has any queries about this policy, they should contact their direct supervisor or People & Culture.

Workplace Participants can access further information and resources about the matters contained in this Policy at https://www.safeworkaustralia.gov.au/ and https://humanrights.gov.au/.

11. Variation

ACS retains the absolute discretion to vary, replace or rescind this Policy from time to time, in accordance with the needs of the business.

12. Related Legislation

Under the relevant legislation, both direct and indirect discrimination is deemed to be unlawful. Without limitation, that legislation includes:

• Sex Discrimination Act 1984 (Cth)

• Racial Discrimination Act 1975 (Cth)

• Disability Discrimination Act 1992 (Cth)

• Age Discrimination Act 2004 (Cth)

• Australian Human Rights Commission Act 1986 (Cth)

• Fair Work Act 2009 (Cth)

• State legislation relevant to Discrimination

This includes all amendments or replacement legislation.

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