1. Introduction
Everyone at Living School has the legal obligation not to discriminate against, harass, or bully any employee, agent, contractor, supplier, volunteer, parent, student, or visitor.
The School expects all staff members to treat each other and others they interact with as representatives of the School with respect and courtesy.
The purpose of this statement is to make you aware of:
- what unlawful workplace discrimination, harassment, and bullying mean;
- the procedures the School has in place to handle workplace complaints related to these issues; and
- who you can talk to if you wish to make a complaint.
2. Who does this statement apply to?
This statement applies to all employees, contractors, and volunteers engaged by the School and applies to behaviour:
- in the workplace, including outside normal working hours;
- while undertaking work activities, including interactions with parents or third parties, and off-site activities (e.g., school trips or sports events); and
- at work-related events such as conferences and social functions.
3. What is unlawful discrimination?
3.1 Defining unlawful discrimination
Discrimination is treating a person or group less favorably or causing disadvantage. Unlawful discrimination is defined by law as unacceptable.
Federal and State laws make discrimination unlawful on several grounds, including:
- Sex, marital or relationship status, pregnancy, breastfeeding, or family responsibilities
- Sexuality or sexual preference
- Race, color, nationality, ethnicity, or ethno-religious origin
- Religious or political belief or activity
- Trade union activity
- Disability or impairment
- Gender identity or transgender status
- Age
- Carer responsibilities
- Service in the voluntary defense forces
Whether discrimination is unlawful depends on the circumstances and applicable State or Territory laws.
3.2 How can unlawful discrimination occur?
Discrimination can occur in recruitment, during employment, or at termination. It can also occur in the provision of goods or services.
Discrimination can be:
- Direct: Treating someone less favorably due to their sex, age, race, etc. (e.g., denying a promotion based on age).
- Indirect: Applying a neutral policy that disproportionately impacts certain groups (e.g., requiring full-time availability, disadvantaging carers).
Anti-discrimination law provides exceptions in some cases, such as job requirements (e.g., hiring only women to supervise a girls’ boarding school).
4. What is unlawful harassment?
4.1 Defining unlawful harassment
Harassment is unwelcome conduct that a reasonable person would anticipate might humiliate, offend, or intimidate someone. It must also be based on an unlawful reason.
4.2 Types of unlawful harassment
Examples of unlawful harassment include:
- Sexual harassment
- Verbal abuse or degrading comments based on protected characteristics
- Offensive jokes, gestures, or mimicking accents or disabilities
- Bullying based on race, gender, sexuality, etc.
- Excluding or isolating individuals due to protected characteristics
- Displaying or circulating offensive material
Harassment may be a single act or a pattern of behaviour. Even if not unlawful, all employees are expected to treat others with respect.
4.3 What is unlawful sexual harassment?
Sexual harassment includes unwelcome conduct of a sexual nature, such as:
- Unwanted advances or requests for sexual favors
- Unnecessary physical contact or staring
- Sexual jokes, innuendos, or comments
- Offensive messages, calls, or materials
- Sexual assault
Some forms of sexual harassment are also criminal offenses.
4.4 What is unlawful sex-based harassment?
Sex-based harassment includes demeaning behaviour based on sex that is likely to offend, humiliate, or intimidate. Examples include:
- Intrusive personal questions based on sex
- Sexist jokes or remarks
- Displaying sexist, misogynistic, or misandrist materials
- Requests to engage in degrading conduct based on sex
5. Bullying
5.1 What is bullying?
Workplace bullying is repeated, unreasonable behaviour directed at an individual or group that may cause harm. It includes:
- Demeaning language
- Threats or verbal abuse
- Outbursts of anger or aggression
- Exclusion or intimidation
Performance management is not bullying or harassment.
6. Your Obligations
All employees must avoid discriminating against, harassing, or bullying others. Even unintended actions can be unlawful if they offend, humiliate, or intimidate someone.
7. Victimisation
Employees must not retaliate against someone for making a complaint about discrimination, harassment, or bullying.
8. What to do if you experience discrimination, harassment, or bullying
If you feel you are being targeted:
- Do not ignore the behaviour.
- If comfortable, ask the person to stop.
- Speak with your Learning Neighbourhood Director for guidance.
- Raise the issue formally with the Conductor.
If the issue involves the Conductor, escalate it to the Chair of the Board.
Maintain confidentiality and avoid discussing the matter with colleagues to prevent defamation risks.
9. How the School will handle complaints
The School will investigate complaints seriously and fairly, which may include:
- Gathering information and speaking to involved parties
- Determining appropriate resolution steps
- Taking disciplinary action if necessary
False or exaggerated complaints will also be treated seriously.
10. General
This statement summarises legislative rights and obligations. It is not a contract and may be updated as needed.
Review: January 2027
