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Personnel Policy and Procedures Manual 21. Equal Opportunity |
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- 21.1. Equal Opportunity Policy
- 21.1.1. Overview
- 21.1.2. References
- 21.1.3. Policy
- 21.1.4. Procedures
- 21.2. Discrimination Complaints
- 21.2.1. Overview
- 21.2.2. References
- 21.2.3. Policy
- 21.2.4. Definitions
- 21.2.5. Procedures
- 21.3. Employment Program for People with Disabilities
- 21.3.1. Overview
- 21.3.2. Policy
- 21.3.3. Procedures
- 21.4. Sexual Harassment Policy and Procedures
- 21.5. Staff-Student Relationships
- 21.5.1. Overview
- 21.5.2. References
- 21.5.3. Principles
- 21.6. Breastfeeding Policy
- 21.6.1. Overview
- 21.6.2. References
- 21.6.3. Policy
- 21.7. Management of Workplace Bullying and Occupational Violence
- 21.7.1. Overview
- 21.7.2. Scope
- 21.7.3. References
- 21.7.4. Definitions
- 21.7.5. Responsibilities
- 21.7.6. Procedures
- 21.7.7. Support Services
(Section 21.1 - Last amended: September2002)
The University of Melbourne is committed to the principle of equal opportunity in education, employment and welfare for staff, students and prospective students of the University, and will continue to develop equal opportunity practices and programs compatible with its overall goals and responsibilities. This commitment is consistent with the principles of justice, equity and the pursuit of excellence which should apply in a university, and conforms with the spirit and intent of equal opportunity and anti-discrimination legislation. The policy is designed to support the principle that staff are selected or promoted according to merit.
The University accepts that it has a responsibility to create an educational and employment environment free of discrimination. It will ensure that its structures and practices are free from direct or indirect discrimination based on age, gender, marital status, carer status, pregnancy and breastfeeding, parenthood, physical features, sexuality, sexual orientation, gender identity, social and economic circumstances, race, disability, religious and political beliefs, and activities, industrial activity and personal association with a person who could be discriminated against. Notwithstanding the above there are special circumstances (e.g. certain disadvantaged groups) where the University will adopt policies which may discriminate between classes or groups of individuals.
The University recognises that it has a responsibility to develop programs in education and employment which redress, where appropriate, the effects of past discriminatory practices within the community, and that it has a responsibility to take positive steps to overcome inequality of opportunity.
Human Rights and Equal Opportunity Commission Act 1986 (Cwlth)
Equal Opportunity for Women in the Workplace Act 1999 (Cwlth)
Sex Discrimination Act 1984 (Cwlth)
Racial Discrimination Act 1975 (Cwlth)
Racial and Religious Tolerance Act 2001 (Vic)
The University of Melbourne Equal Employment Opportunity for Women Program
Disability Discrimination Act 1992 (Cwlth)
Equal Opportunity Act 1995 (Vic)
In its responsibility for all members of the University community, the University aims to:
ensure that there is no discrimination against any group of students or staff, in access to University facilities;
establish and maintain mechanisms within the University to deal with complaints concerning discrimination and sexual harassment;
educate the University community on the general goals and philosophy of equal opportunity together with the rationale for policies and practices which are adopted;
provide the University community with information about the University's condemnation of sexual harassment and discrimination, to provide advice and support for those who have been discriminated against or harassed, and training for Anti-Discrimination and Sexual Harassment Advisers;
continue to work towards the provision of child care to meet the needs of its members;
ensure that all University policies, procedures and official documentation and publications accord with equal opportunity principles and are amended as necessary to accord with these principles;
eliminate sexist and other discriminatory language from all University publications and discourage the use of such language in published and unpublished material and in the speech of its staff and students.
In its responsibility for education, the University aims to:
continue, develop and extend programs for the admission of disadvantaged groups;
take positive steps to provide support for members of disadvantaged groups once they are admitted to the University;
encourage the increased participation of women students in all aspects of University life, including post-graduate study and decision-making structures;
provide an environment where all disciplines at under-graduate and post-graduate level are accessible to both women and men;
maintain and develop programs to accommodate disadvantaged or disabled students, adjusting where necessary the learning environment or procedures;
ensure that University courses develop an awareness and acceptance of the principles of equal opportunity in order to encourage graduates and members of the University to eliminate inequality of opportunity in society;
encourage faculties to acknowledge that gender and ethnicity enter into the construction of knowledge and to take account of this in the process of curriculum planning;
ensure the promulgation of University guidelines for writing and preparing material which avoids discriminatory language.
In employment, the University aims to:
implement the University's Equal Employment Opportunity for Women Program;
provide improved opportunities for increased numbers and proportion of women to participate in University committees;
integrate the principles of equal opportunity and practical examples of their application into all training programs for staff with management responsibility;
encourage disadvantaged individuals to participate in training and staff development programs, in order to broaden skills and equip them adequately for positions of responsibility;
maintain and develop programs to accommodate disadvantaged or disabled staff, adjusting where necessary the work environment and procedures.
Responsibility for implementing the policy on equal opportunity will rest with the management of each Faculty, School, Department and Section.
The University will maintain the Equal Employment Opportunity Committee and the Access and Equity Committee, both charged with responsibility for monitoring progress in implementing the Policy, for providing advice to the Vice-Chancellor and to Council and for monitoring the University's Equal Employment Opportunity for Women Program.
The University will maintain an Equal Opportunity Coordinator, whose duties include facilitation of the implementation of the University's policy and support of the Equal Employment Opportunity Committee in its role of monitoring the implementation of the policy and compliance with relevant legislation.
In establishing procedures aimed at implementing equal opportunity policy, there will be wide consultation with staff and students and their representative organisations.
The costs of implementing the policy on equal opportunity will be covered by each Faculty, School, Department or Section in its annual budget.
The equal opportunity policy statement will be circulated to all staff and to the student body. It will be incorporated in relevant publications such as orientation materials.
(Section 21.2 -Last amended: September2002)
The Discrimination Complaints procedures are based on the following principles
(1) Complaints of discrimination or discriminatory harassment will be dealt with expeditiously to achieve early resolution.
(2) According to the nature of each individual complaint the most suitable complaints process (external or internal to the University) will be used.
(3) The principles of procedural fairness apply at all stages in the handling of complaints including impartiality and good faith.
(4) Every effort will be made to maintain harmonious working relationships during and after the handling of any complaint of discrimination or discriminatory harassment.
(5) Every effort will be made to maintain confidentiality with respect to complaints.
Council Minutes - July 1998
Human Rights and Equal Opportunity Commission Act 1986 (Cwlth)
Equal Opportunity for Women in the Workplace Act 1999 (Cwlth)
Sex Discrimination Act 1984 (Cwlth)
Racial Discrimination Act 1975 (Cwlth)
Disability Discrimination Act 1992 (Cwlth)
Equal Opportunity Act 1995 (Vic)
Racial and Religious Tolerance Act 2001 (Vic)
The University of Melbourne Equal Opportunity Policy
The University of Melbourne Equal Employment Opportunity for Women Program
(1) The University of Melbourne is committed to the principle of equal opportunity in education, employment and welfare for staff and students of the University.
(2) The University aims to ensure that its structures, practices, policies and guidelines are free from direct or indirect discrimination on all relevant legislative grounds.
(3) The University will not tolerate discrimination (as defined in the Victorian Equal Opportunity Act (1995)) against any student or staff member in relation to access to University facilities and services. Its policies and guidelines aim to ensure that discrimination does not occur.
(4) Managers and supervisors have a particular responsibility to ensure that the workplace is free from discrimination and discriminatory harassment, and that relevant policies and guidelines with regard to the resolution of complaints are followed.
(5) Students and staff of the University will be informed of the processes and procedures relating to the handling of complaints of discrimination and discriminatory harassment.
(6) A complaint must be made as soon as possible but not later than twelve months after the alleged discrimination occurred unless good and sufficient reason for consideration after this time can be established.
(7) These procedures are designed to resolve complaints within the University. However staff and students are advised that they have the right to make a complaint under the relevant state or federal anti-discrimination legislation.
(8) There may be alternative complaints processes available to a complainant, according to the nature of each individual complaint. Such options will need to be fully considered upon receipt of the complaint by consultation between the complainant, the person handling the complaint and other relevant sources of advice within the University.
(9) Any complaint must initially be dealt with by those University staff members with designated responsibility for complaint resolution (see Section Five) with provision for resolution at higher levels of authority if necessary.
(10) The University will take appropriate action in respect of each complaint.
(11) To the extent possible, consistently with the proper and fair investigation and determination of a complaint, a person or persons handling or involved in a complaint must respect the confidentiality of information supplied in relation to the complaint, and must proceed on the assumption, unless the contrary appears, that any information supplied in relation to a complaint is, and is intended to remain, confidential.
(12) Persons handling complaints should cease handling a complaint if there is a possibility of bias or conflict of interest. Complaints should be handled fairly and impartially and the complainant and the respondent should be given the opportunity to present their cases.
(13) Victimisation of a staff member or student who makes a complaint under these procedures will be treated with the utmost seriousness by the University.
a) Discrimination means direct or indirect discrimination on the basis of one or more of the following attributes specified in the Victorian Equal Opportunity Act (1995):
age;
physical, psychiatric or intellectual disability or impairment;
industrial activity;
lawful sexual activity/sexual orientation;
gender identity;
marital status;
physical features;
political beliefs and activity;
pregnancy and breastfeeding;
race;
religious belief and activity;
sex;
status as parent or carer;
personal association with a person who is identified by reference to any of the above attributes.
(b) In determining whether a person discriminates it is irrelevant whether or not that person is aware of the discrimination, or whether or not it is intentional.
(c) Direct discrimination means treating or proposing to treat another person less favourably on the basis of an attribute that person may possess (see (a) above). This is subject to applicable exceptions and exclusions in the above legislation.
(d) Indirect discrimination occurs when a rule, practice or policy appears to be neutral, but in effect has a disproportionate impact on a particular group. It arises with practices which are fair in form and intention but discriminatory in impact and outcome.
(a) Discriminatory Harassment means any form of discrimination on the basis of the attributes referred to in Section 1(a) and is behaviour which takes place in circumstances in which a reasonable person, having regard to all circumstances, would have been offended, humiliated or intimidated.
(b) In determining whether a person unlawfully harasses it is irrelevant whether or not that person is aware of the harassment, or whether or not it is intentional.
(c) Although sexual harassment fits within the definition of discriminatory harassment it will continue to be dealt with under the University's Sexual Harassment Policy and Procedures.
(a) A complaint must concern perceived discrimination or discriminatory harassment by or against an individual.
(b) A complaint may be made by a staff member or student against a staff member, or student. Where a complainant is unable to lodge a complaint personally another person may act on the complainant's behalf provided that person's authority to act and good reason for so doing are verified by the Equal Opportunity Coordinator.
(c) A complaint must be made to a staff member of the University designated to handle these complaints procedures.
(a) 'Complainant' refers to a student or a staff member who alleges discrimination or discriminatory harassment and who then makes a complaint.
(b) 'Respondent' refers to a staff member or student against whom a complaint is made.
(a) 'Staff' means any person who is an employee of the University at the time the discrimination or discriminatory harassment is alleged to have occurred.
(b) 'Student' means any person who is enrolled as a student of the University at the time the discrimination or discriminatory harassment is alleged to have occurred.
(c) These procedures are applicable to staff and students engaged in activities reasonably connected with their role at the University; such activities may extend beyond the University campus.
(d) Where a person is both a staff member and a student, their status as one or the other, or both, in relation to the complaint may need to be clarified by the person handling the complaint. The subsequent process for handling of the complaint will relate to this decision.
Procedures are a series of organised steps or stages which are followed once a complaint is made.
There are three stages to the complaints procedures which will generally be undertaken in progression, unless the nature of the complaint or the wishes of the complainant determine otherwise. Each stage aims at resolution, so progress to a further stage only occurs if resolution has not been achieved and the complainant wishes to proceed.
The aim of Stage 1 is to clarify the problem as perceived by the complainant, to advise the complainant of the options available to them (including options for directing the complaint to an external agency) and to ensure the complainant is provided with support and advice to decide whether, and if so, how, they wish to proceed with the complaint.
The complaint process will only proceed to Stage 2 if the complainant is willing to be identified to the respondent and to detail the complaint in writing. If so, the respondent must be provided with the written complaint and the complaints procedures, and be provided with the opportunity to respond in writing. Resolution may be achieved after meetings with the respondent and the complainant individually or together.
If the complaint is not satisfactorily resolved at Stage 2, and the complainant wishes to proceed, the complaint will be forwarded to the Vice Chancellor, or nominee, for investigation and determination.
(1) The University will select, train and support anti-discrimination advisers to conduct Stages 1 and 2 of the complaints procedures.
(2) As the complaint is progressed from each stage to the next stage the most appropriate person to handle the complaint must be reviewed. The same or different advisers may assume responsibility for the complaint at different stages. Continuity, success of previous contacts, and the request of those involved will be taken into account in this decision.
(3) Where the complainant is a student: For Stage 1, and possibly Stage 2, an anti-discrimination adviser and, where the adviser deems appropriate, the Dean (or their nominee) of the faculty in which the alleged discrimination occurred, will normally conduct the complaints procedures.
(4) Where the complainant is a staff member: For Stage 1, and possibly Stage 2, an anti-discrimination adviser and, where the adviser deems appropriate, the staff member immediately superior to the complainant, or another person who is responsible for the employment of the staff member, will normally conduct the complaints procedures.
(5) If there is uncertainty about who will handle Stages 1 and 2 of the complaints procedures the Equal Opportunity Coordinator should be consulted.
(6) Stage 3 will be carried out by the Vice Chancellor, or nominee.
(7) The University staff members available for advice on the complaints procedures are:
Anti-Discrimination Advisers
Equal Opportunity Coordinator
Manager, Disability Programs
Director, Centre for Indigenous Education
General Manager, Equity and Learning Programs
Director, Workplace Relations
Human Resources Consultants
(8) Those likely to be required to handle complaints procedures will receive appropriate training and professional support.
(1) Staff or students with a complaint of discrimination or discriminatory harassment must make an appointment for informal advice with an anti-discrimination adviser.
(2) The adviser will lead the complainant through the first, and possibly subsequent, stages of the procedures, and will provide the complainant with appropriate information and support as outlined in Guidelines: The Three Stages of the Discrimination Complaints Procedures.
(3) Complainants should, if possible, maintain and have available accurate records of the time and place of the incident(s) of alleged discrimination or discriminatory harassment.
(4) Staff or students with a complaint of discrimination or discriminatory harassment, while being encouraged to use the University procedures, have the right to seek advice from the Victorian Equal Opportunity Commission or the Commonwealth Human Rights and Equal Opportunity Commission at any stage (see Section 7).
(1) Whether or not students or staff members initially use the resolution of complaints procedures that exist within the University, they may choose to proceed to take complaints of discrimination or discriminatory harassment to the Commonwealth Human Rights and Equal Opportunity Commission or Victorian Equal Opportunity Commission. In such cases the University will offer cooperation with the Commission.
(2) Complainants should be informed that whilst seeking redress through internal resolution procedures they continue to have recourse to outside avenues of complaint, and that these avenues may be subject to time limits. Should an external complaint be pursued, University procedures would be suspended or terminated.
(Last amendment: January 1992)
The University's Employment Program for People with Disabilities reflects the equal opportunity policy of providing a working and learning environment in which there is no discrimination against any person on the basis of disability. The University is committed to the maintenance and development of programs to accommodate disadvantaged or disabled staff, adjusting where necessary the work environment or procedures. This requires special measures: first, to provide every opportunity for people with disabilities to participate in, and contribute to, university life; and second, to provide an environment which takes account of the special needs of people with disabilities to enable full and equal participation. The Program is consistent with, and an expression of, the University's commitment to merit, excellence, and efficiency.
The Employment Program for People with Disabilities has the following objectives:
to raise awareness among the University community of the contribution which may be made by people with disabilities;
to assist in providing training and placement opportunities which will enable people with disabilities to develop the necessary work and life skills and confidence to further their employment opportunities;
to provide structural support, encouragement, and access to enable greater participation in employment within the University by people with disabilities;
to adjust where necessary the work environment or procedures to accommodate people with disabilities;
to develop strategies to take full advantage of government funding initiatives aimed at providing employment opportunities for people with disabilities;
to establish an initial target of placing six people with disabilities under this Program, over a period of three years to December 1992, into regular University positions.
The responsibility for implementation of the Program rests with the Dean of each faculty and the Head of each school, department, or section of the University.
The information highlights the contribution people with disabilities can make, given appropriate assistance, to overcome the limiting factors associated with their disability. It raises community awareness of past discrimination against people with disabilities, and points out the commonly held myths and erroneous assumptions about the capacities of people with disabilities that may contribute to discriminatory job selection practices.
Provision has been made to modify University procedures, where necessary and appropriate. This has the support of management and the broader University community and ensures that recruitment procedures under the special program do not replicate existing barriers to employment for people with disabilities.
The Program has been developed by the Equal Opportunity Unit in consultation with the Department of Labour, the relevant placement agencies, senior officers of the University, and the broader University community. This consultation will continue.
The success of the Program also lies with the continued goodwill and cooperation of management and the broader University community. Therefore, a strong emphasis has been placed on the development of coordination processes which include consultation with members of the University community.
The Equal Opportunity Project Officer, Equal Opportunity Unit, will seek out positions in which people with disabilities could be placed, or should be contacted if an appointee is sought under this Program.
The Sexual Harassment Policy and Procedures can be found at http://www.hr.unimelb.edu.au/advicesupport/dm/harassment
(Last amendment: September 2002)
Many University staff, both academic and general, are in a position of trust with students. This position of trust implies a series of responsibilities owed to students. In exercising those responsibilities staff should avoid conflicts of interest, that is, a conflict between a personal relationship and professional responsibilities. These relationships should be based on the following principles.
Human Resources Committee Minutes - 12 July 1996
Council Minutes - 1 September 1997
The University of Melbourne Responsibilities of University Staff Policy
The University of Melbourne Equal Opportunity Policy
The University of Melbourne Statement of Policy and Procedures for Dealing with Cases of Alleged Sexual Harassment
That staff recognise their professional and ethical responsibility to protect the interests of students and to recognise and resolve conflicts of interest, to respect the trust involved in the staff-student relationship and to accept the constraints and obligations inherent in that responsibility.
To have a close personal relationship with a student to whom one has a duty of care is likely to involve serious difficulties arising from the power disparity inherent in the staff-student relationship. In general, such relationships should be avoided. An initial sexual approach to a student, or engaging in a sexual relationship with a student, may constitute sexual harassment and can be the subject of complaint under the University's Sexual Harassment Procedures or to an outside body. Some relationships may disrupt the teaching and learning environment for other students and colleagues.
Relationships with family members or with friends or associates in the University environment may raise ethical and professional issues, including conflicts of interest.
In a situation where a staff member is or has been involved in a sexual or other close personal relationship or is a family member of the student, the staff member would have a potential conflict of interest between the personal relationship and his/her professional responsibilities. The staff member should not be involved in decision making or other processes which could advantage or disadvantage the student (or could reasonably be perceived as advantaging or disadvantaging the student). Relevant decisions or processes include, but are not limited to: selection for entry into any undergraduate or postgraduate course offered by the University; assessment; selection for any scholarship or prize; honours or post-graduate supervision; preclusion or disciplinary matters; or determining access to resources.
If participation in any of these processes cannot be avoided, the conflict of interest must be discussed with the Dean or Head of Department or other appropriate person, and alternative arrangements to safeguard the interests of the student, the staff member and the University must be made. Details of the nature of the conflict of interest will not be required and the matter must be treated in an absolutely confidential manner.
Decisions made at the most senior levels in the University have wide-ranging effects. It is unsatisfactory to rely on alternative arrangements (as described in the preceding paragraph) to deal with conflicts of interest arising from a sexual relationship between a person at such a level and a student. Accordingly, anyone who is involved in or has recently been involved in a sexual relationship with a currently enrolled student, should not seek, accept or retain a position at the level of Dean or above.
In exceptional circumstances, for example, where the relationship pre-dated the enrolment of the student, these procedures may be varied by the Vice-Chancellor, in consultation with the Chair of the Human Resources Committee.
Further information is available in the brochure Staff/Student Relationships : Drawing the Line.
(New Section:March 2006)
The University has a responsibility to 'reasonably accommodate' women who are breastfeeding. The primary responsibility for the implementation of the policy rests with the supervisor of the staff member requiring breastfeeding facilities or with the Equity, Language & Learnings Programs office, within the Academic Services Division, for students who are breastfeeding.
Requests by staff and students shall be treated sympathetically by supervisors and teachers and all efforts will be made to facilitate such requests and provide support. Supervisors are encouraged to advise staff of facilities and services available at the time of their request for maternity leave and on their return to work from maternity leave.
Council Minutes ; November 2005
The University of Melbourne Children on Campus Policy
Equal Opportunity for Women in the Workplace Act 1999
Equal Opportunity Act 1995 (Vic)
Sex Discrimination Act 1984 (& 2003) (Cwlth)
On return from maternity leave, women staff may seek changes to their work arrangements. The supervisor will seek to accommodate all reasonable requests by the staff member within the operational requirements of the work unit.
The University currently provides one breastfeeding facility for staff and students. This is located in the Law School building in the University Square precinct, Parkville. Facilities also exist for students, provided by the Melbourne University Student Union Limited (MUSUL) and by the University of Melbourne Postgraduate Association (UMPA).
Managers of faculties, departments, or work units are expected to identify appropriate spaces and facilities in the local workplace for women who need to breastfeed and/or express and store breast milk. While recognising that it will be difficult for some departments to accommodate the needs of women breastfeeding, it is recommended that identified spaces include as many of the following facilities as possible:
a convenient, quiet and private (lockable) space to feed or express milk;
comfortable seating, eg. armchairs;
a clean and safe area for changing nappies;
hot and cold water and hand drying facilities;
waste disposal;
access for partners (women and men) and other members of the family who need to bottle feed or care for infants;
appropriate signage, ie. not a bottle symbol.
Any costs associated with providing temporary facilities for individual staff in their workplace will be covered by local budgets.
(New Section: May 2008)
The University of Melbourne (the University) is committed to providing all staff (including casual staff), students, contractors, honoraries and visitors with a healthy and safe environment for work and study which is free from behaviours, practices and procedures that may constitute bullying or occupational violence.
Staff members are required to treat students, colleagues and other members of staff with respect for their rights, duties and aspirations. Workplace bullying is not an acceptable part of the University's work culture and impacts negatively on the humane and scholarly values inherent in the ideals of a modern university.
The Occupational Health and Safety Act 2004 (OHS Act) imposes legal responsibilities on both the University and its staff. These duties extend to the risks to health and safety from workplace bullying. The policy and its associated procedures (the policy) is designed to implement the OHS Act in relation to workplace bullying in the University.
The policy is not intended to diminish supervisory or managerial prerogative to direct or control how work is done in the workplace other than to ensure, in so far as practicable, the health and safety of staff. The policy is not intended to cover poor management practices, as such practices are not considered bullying.
The policy only applies where a staff member or student experiences, witnesses or strongly suspects workplace bullying by a staff member and does not replace existing grievance processes, including where a staff member has a grievance about legitimate and reasonable:
performance management processes;
disciplinary action; or,
the allocation of work in compliance with systems.
Business processes, such as the implementation of organisational change or the management of unsatisfactory performance, do not constitute a form of workplace bullying.
As allegations of bullying are viewed seriously, all staff and students should be aware that where the University is satisfied that a complaint is malicious, frivolous or vexatious, the complainant may face disciplinary action subject to the misconduct provisions under the relevant workplace agreement, or student disciplinary process.
This policy covers all instances of workplace bullying and occupational violence and applies to all University of Melbourne staff and students (who experience bullying by a staff member) of the University, including those undertaking off-campus activities that are related to a University course or University employment.
This policy should be referred to where an allegation of bullying or occupational violence is made against a staff member, including allegations made by students against a staff member.
This policy does not cover instances where an allegation of bullying or occupational violence is made against a student. In such circumstances where a staff member or student seeks to make a complaint against a student, please refer to the Academic Registrar to be handled under the Student Discipline Statute http://www.unimelb.edu.au/Statutes/s131.html.
References to students in this policy pertain only to those that are alleging an instance of bullying or occupational violence against a staff member.
The objectives of this policy are to ensure that:
bullying and occupational violence is prevented;
a healthy and safe environment is provided for staff, students, contractors and visitors to the University;
all reported incidents of bullying or occupational violence are managed through effective procedures; and,
staff and students are aware of assistance that is available to them in instances of bullying and occupational violence.
This policy will be enacted in accordance with the general principles for handling staff grievances as detailed at the Grievance Resolution Page http://www.hr.unimelb.edu.au/advicesupport/grievance.
Human Resources Advisory Committee Meeting October 2007
Workplace Relations Act 1996 (Clth)
Equal Opportunity for Women in the Workplace Act 1999 (Clth)
Age Discrimination Act 2004 (Clth)
Disability Discrimination Act 1992 (Clth)
Sex Discrimination Act 1984 (Clth)
Racial Discrimination Act 1975 (Clth)
Human Rights and Equal Opportunity Act 1986 (Clth)
Occupational Health and Safety Act 2004 (Vic)
Equal Opportunity Act 1995 (Vic)
Racial and Religious Tolerance Act 2001 (Vic)
Information Privacy Act 2000 (Vic)
Whistleblowers Protection Act 2001 (Vic)
Occupational Health and Safety (Issue Resolution) Regulations 1999 (Vic)
The University of Melbourne Enterprise Agreement 2006
Guidance Note on the Prevention of Bullying and Violence at Work, Worksafe Victoria, February 2003
University of Melbourne Student Grievance Policy
Student Discipline Statute 13.1
University of Melbourne leaflet, 'No Bullying Zone'
University Regulation 8.1.R.7
Bullying is repeated, unreasonable behaviour directed toward a staff member or student, or a group of staff or students by a staff member, that may create a risk to health and safety.
Repeated refers to the persistent nature of the behaviour, not the specific form the behaviour takes. Behaviour is considered 'repeated' if an established pattern can be identified and it may involve a series of diverse incidents.
Unreasonable Behaviour means that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten.
Behaviour includes actions of individuals or a group, and may involve using a system of work as a means of victimising, humiliating, undermining or threatening an individual or group.
Risk to health and safety includes risk to the psychological or physical health of the staff member.
Staff member includes:
a member or members of the University Council;
a person howsoever appointed to an academic rank or professional staff classification and salary grade by the University Council;
a person appointed as an 'honorary';
a person appointed as a University Visitor; or
an independent contractor.
Occupational Violence means any incident where a staff member or student is physically attacked or threatened with physical attack by a staff member in the workplace.
The term occupational violence applies to all forms of physical attack including:
striking, kicking, scratching, biting, spitting, or any other types of direct contact;
throwing objects;
attacking with knives, guns, clubs or other weapons;
pushing, shoving, tripping, grabbing;
any form of indecent physical assault; or
the threat of any of the above.
Threat means a statement or physical behaviour that reasonably causes a person to believe that they are in danger of being physically attacked.
Physical attack means a direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person, where the application creates a risk to health and safety, but not including accidental or unintended contact. 'Physical attack' is defined without consideration of the attacker's intent to cause harm.
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The file notes taken by the head of academic/administrative units and supervisors, WBAs, and the WBC will be kept in folders clearly marked 'Strictly Confidential' and stored in locked cabinets to which only they have access. Notes should be kept in hard copy format only. Notes are the property of the University and as such are subject to privacy legislation. Staff members and students have the right to access these in accordance with the provisions of privacy laws. Notes will be kept to a minimum stating only facts and relevant details as described by the staff member or student. The notes will also include the outcome of any interview(s) and will be kept securely.
If a staff member or student has a complaint against a staff member, which could be considered under a number of other University grievance procedures, the staff member or student must choose which procedures they would like to use to have the matter resolved. A staff member or student is not able to make applications under these procedures and other University grievance procedures in relation to the same subject matter or incident.
Please refer to flowchart located at http://www.hr.unimelb.edu.au/_data/assets/pdf_file/0006/92886/Workplace_Bullying_Policy_Flowchart.pdf.
The University encourages the reporting of behaviour that breaches the Management of Workplace Bullying and Occupational Violence Policy but will not accept vexatious or frivolous complaints. These procedures incorporate the principles of natural justice.
There are three stages in the procedures for the resolution of incidents of bullying:
Stage 1: Advice
Stage 2: Mediation
Stage 3: Investigation and Determination
It is not necessary to go through every stage - a person reporting an incident(s) of bullying can request investigation and seek to bypass mediation (see Section 21.7.6.3.3).
This stage is an informal process.
The person should report an incident(s) of bullying to either the supervisor or a Workplace Bullying Adviser (WBA).
The person then meets with the supervisor or a WBA although at this stage there is no requirement for a written complaint to be lodged.
The person discusses the incident(s) with the supervisor or a WBA.
This advice may be sufficient and be the end of the issue or the person may be referred to another support service or they may request mediation or investigation.
This stage is formal and requires the preparation of a written complaint, setting out the allegations. The complaint should list all instances of alleged bullying, the name(s) of person(s) involved and include any relevant emails, letters, etc.
A copy of the complaint should be forwarded to the Director, Client Services, Human Resources Division.
While this stage is not compulsory, in many cases a meeting with an independent mediator can assist the parties in understanding their differing points of view and can lead to constructive resolution of the issues.
Where mediation is requested, the Director, Client Services, Human Resources Division will negotiate the appointment of an appropriate mediator with all parties. In accordance with the principles of natural justice a copy of the complaint will be forwarded to the person(s) named in the complaint. A copy of the complaint will also be provided to the appointed mediator.
The calling of a mediation conference does not imply that there is a case to answer or that any conduct complained of has occurred. It is not the mediator's role to make a formal finding but to assist the parties reach a mutually agreed resolution to the problem.
Each party may have a support person of their choosing present during the mediation process. This precludes legally trained representatives. While the support person may advise the person whom they are supporting during mediation, they may not act as an advocate or spokesperson for the person.
Mediation may be sufficient to settle the matter satisfactorily. This stage does not limit the right of either party to request an investigation.
This is a formal process and the written request for investigation must be supported by a written complaint setting out the allegation with supporting documentation. The written request must be made to the Vice-Principal (Human Resources).
The Vice-Principal (Human Resources) will review the allegations and supporting documentation and make a recommendation to proceed with an investigation if appropriate. The Vice-Principal (Human Resources) may also:
refer the matter to mediation if this has not taken place, as in many cases a meeting with an independent mediator can assist the parties in understanding their differing points of view and can lead to constructive resolution of the issues; or,
refer the matter for investigation as misconduct or serious misconduct in accordance with Clause 65 of the University of Melbourne Enterprise Agreement 2006 should there be prima facie evidence that misconduct or serious misconduct has occurred.
Any victim or witness to an incident of occupational violence must report the behaviour to University Security as soon as practicable.
University Security staff will attend or will arrange for the Police to attend and take steps to ensure the cessation of any immediate danger or risk to persons and render assistance where appropriate.
If the alleged behaviour constitutes or reasonably appears to constitute a criminal offence under Victorian Law the University will support a victim who wishes to report the matter to the Police.
The procedures for resolving incidents of bullying may also be adopted for incidents of occupational violence.
In addition the University may also consider referring the matter for action as misconduct or serious misconduct or reporting the matter to the Police.
In order for complaints to be brought forward, all those covered by these procedures must feel secure in the knowledge that the University's procedures will be followed without fear of detriment. Victimisation includes any unfavourable treatment of a person who because they have been involved in reporting incident(s) of bullying or occupational violence or is a witness to such incident(s).
Any complaint of victimisation will be treated in the same manner as a complaint of bullying or violence any may be treated as misconduct or serious misconduct.
University support services include:
University of Melbourne Counselling Service;
Equal Opportunity Unit;
University of Melbourne Health Service;
University Chaplaincy;
Security;
IT-Abuse team
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Created: September 1995
Last Modified: 18 August 2008
Authorised by: Web & Administrative Officer, Human Resources.
Maintained by: Jo Barnes jo.barnes@unimelb.edu.au
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