Equal Opportunity, Discrimination and Harassment Policy - Policies

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1. Policy statement

The Department of Education provides inclusive and equitable work and learning environments, services and management practices free of unlawful discrimination and harassment. This includes the prevention and effective management of discrimination and harassment.

2. Policy rules

Principals and line managers must:

provide equal opportunity on the grounds under the legislation;
provide access to facilities, services or opportunities to meet special needs, where reasonable and practicable; and
maintain work and learning environments free of unlawful discrimination and harassment, and address issues and incidents involving students, staff, visitors, volunteers and contractors.

Employees must demonstrate professional and ethical behaviour, and not engage in any form of discrimination or harassment.

3. Responsibility for implementation and compliance

Principals and line managers are responsible for implementing the policy.

The Executive Director Workforce is responsible for compliance monitoring.

4. Scope

This policy applies to all employees.

Guidance

This policy applies to all worksites, including off-site and after-hours work-related activities such as training courses, conferences, telephone calls, emails, social media and social functions.

5. Supporting procedures

Equal Opportunity, Discrimination and Harassment Procedures

6. Definitions

Discrimination

Direct discrimination is when a person is treated less favourably than another person, in the same or similar circumstances, on one or more of the grounds and in one of the areas of public life covered by the Equal Opportunity Act 1984.

Indirect discrimination occurs when an apparently neutral rule, policy, practice or procedure has a negative effect on a substantially higher proportion of people with a particular attribute or characteristic compared to people without the attribute/characteristic, and the rule is unreasonable in the circumstances.

Refer to Appendix A of the Procedures for the grounds of discrimination.

7. Related documents

Relevant legislation or authority

Age Discrimination Act 2004

Australian Human Rights Commission Act 1986

Australian Human Rights Commission Regulations 1989

Criminal Code Act Compilation Act 1913

Disability Discrimination Act 1992

Disability Services Act 1993

Disability Standards for Education 2005

Equal Opportunity Act 1984

Occupational Safety and Health Act 1984

Public Interest Disclosure Act 2003

Public Sector Management Act 1994

Racial Discrimination Act 1975

Sex Discrimination Act 1984

Spent Convictions Act 1988

8. Contact information

Policy manager:

Director, Workforce Policy and Coordination

Policy contact officer:

Manager, Workforce Policy

T: 9264 5081

Other:

Standards and Integrity

T: 1800 655 985

9. History of changes

Effective date	Last update date	Policy version no.
1 April 2014		2.0
This new policy replaces the Equal Employment Opportunity/Diversity, Anti-Racism, Workplace Sexual Harassment and Employment of People with Disabilities policies. Corp Ex endorsement 13.2.2014.
1 April 2014	22 January 2016	2.1
Minor changes to guidance under policy rules and updated links. D16/0025669
1 April 2014	9 March 2017	2.2
Minor changes to replace references to Substantive Equality Policy with Substantive Equality Guidelines and updated links D17/0104478
8 August 2018	8 August 2018	3.0
Equal Opportunity, Discrimination and Harassment policy has undergone a major review. Endorsed by the Director General at Corporate Executive on 4 April 2018.
8 May 2018	22 April 2020	3.1
Minor changes to update links, related documents and include additional guidance information. D20/0201954
8 May 2018	9 August 2021	3.2
Minor changes to update links, related documents and additional guidance information. D21/0436131
8 May 2018	12 August 2021	3.3
Minor change. Removal of Reconciliation from Other Documents. D21/0444045
8 May 2018	12 June 2023	3.4
Minor changes to update related policy and other documents titles and links (D23/1206633).