Workplace discrimination, harassment

and bullying.

All employers have a responsibility to make sure that their employees, and people who
apply for a job with them, are treated fairly.

This responsibility is set out in federal and state anti-discrimination laws, as well as the
Fair Work Act 2009 (Cth). Taken together, they make certain types of workplace
behaviour against the law.

As an employer you need to prevent discrimination, harassment or bullying from

occurring in the workplace.

What is unlawful discrimination?

Discrimination occurs when a person, or a group of people, is treated less favourably
than another person or group because of their background or certain personal
characteristics.

Federal discrimination laws protect people from discrimination of the basis of their:

• race, including colour, national or ethnic origin or immigrant status

• sex, pregnancy or marital status and breastfeeding
• age
• disability, or
• sexual orientation, gender identity and intersex status.

For more information see the relevant fact sheets at

www.humanrights.gov.au/employers.

The Australian Human Rights Commission Act 1986 (Cth) protects people from
discrimination in employment because of their religion, political opinion, national
extraction, nationality, social origin, medical record, criminal record or trade union
activity. For more information see the Other areas of workplace discrimination fact sheet
at www.humanrights.gov.au/employers.

Name: Salman Tahir

Student ID: 11875
A number of these characteristics are also covered by the Fair Work Act 2009 (Cth).
Some state and territory laws protect people from discrimination based on additional
personal characteristics. For more information, see A quick guide to Australian
discrimination laws at www.humanrights.gov.au/employers.

Discrimination can happen at different points in the employment relationship, including:

• when recruiting and selecting staff

• in the terms, conditions and benefits offered as part of employment

• who is considered or selected for training and the sort of training offered

• who is considered or selected for transfer or promotion

• who is considered and selected for retrenchment or dismissal.

What is harassment?
Under discrimination law, it is unlawful to treat a person less favourably on the basis of
particular protected attributes such as a person’s sex, race, disability or age. Treating a
person less favourably can include harassing or bullying a person. The law also has
specific provisions relating to sexual harassment, racial hatred and disability
harassment.

Harassment can include behaviour such as:

• telling insulting jokes about racial groups

• sending explicit or sexually suggestive emails or text messages

• displaying racially offensive or pornographic posters or screen savers

• making derogatory comments or taunts about a person’s disability, or

• asking intrusive questions about someone’s personal life, including his or her
sex life.

It is important to understand that a one-off incident can constitute harassment.

Name: Salman Tahir

Student ID: 11875
The Sex Discrimination Act 1984 prohibits harassment in the workplace by employers,
co-workers and other “workplace participants”, such as partners, commission agents
and contract workers. Sexual harassment is broadly defined as unwelcome sexual
conduct that a reasonable person would anticipate would offend, humiliate or intimidate
the person harassed.

The Disability Discrimination Act 1992 prohibits harassment in the workplace based on
or linked to a person’s disability or the disability of an associate.

The Racial Discrimination Act 1975 prohibits offensive behaviour based on racial
hatred. Racial hatred is defined as something done in public that offends, insults or
humiliates a person or group of people because of their race, colour or national or
ethnic origin.

All incidents of harassment – no matter how large or small or who is involved – require
employers or managers to respond quickly and appropriately. If issues are left
unaddressed, a hostile working environment can develop which can expose employers
to further complaints.

Name: Salman Tahir

Student ID: 11875
Name: Salman Tahir
Student ID: 11875
Compliance with legislative and policy
requirements and Contracts
Agencies must ensure that contracts for Works or Construction Services comply with
policy and legislative requirements, including the policies set out in the Instructions.

Non-Standard Commercial Arrangements

Agencies must not propose or enter into a Non-Standard Commercial Arrangement, in a

tender process or as a contract amendment, except as permitted in the Instructions.

Risk allocation

Agencies must ensure that contracts for Works or Construction Services:

(a) clearly define the roles and responsibilities of the parties to the contract.

(b) identify responsibility for key risks associated with the Works or Construction
Services.

(c) as far as practicable, allocate risks to the party best able to manage them, and

(d) address any mandatory requirements set out in the Instructions.

Subcontracting

Contracts must contain appropriate mechanisms to ensure that:

(a) the Principal has appropriate visibility of, and rights to approve, subcontracting
arrangements.

(b) terms and conditions of subcontracts are compatible with those of the head contract
and consistent with the principles of risk allocation and security of payment set out in
this Direction; and

(c) the Contractor demonstrates proof of payment to subcontractors and suppliers.

Dispute resolution

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Student ID: 11875
Agencies must ensure that contracts provide for efficient and effective resolution of
disputes (including through the use of alternative dispute resolution procedures) that
consider the Procurement Model and the nature and complexity of the Works or
Construction Services being performed under the contract and any related contracts.

Performance security

Where a supplier is required to provide performance security, the contract must allow
the supplier to provide an unconditional undertaking, in a form and from a financial
institution acceptable to the Agency, as an alternative to cash.

Security of payment

Contracts must be consistent with the requirements of the Building and Construction
Industry Security of Payment Act 2002 and provide for:

(a) fair entitlement to payment, including identifying appropriate milestone payments;

and

(b) prompt payment, with interest payable on late payments.

Workplace/Industrial Relations
The term ’industrial relations’ generally refers to employment issues
and the employment relationship between an organisation and its
staff.

Australia’s workplace relations system is regulated by the Fair Work

Ombudsman and the Fair Work Commission (previously called Fair
Work Australia). These regulatory bodies have different roles but are
both independent government organisations.

The Fair Work Ombudsman

The Fair Work Ombudsman enforces compliance with the Fair Work
Act, related legislation, awards and registered agreements. They also

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Student ID: 11875
 help employers and employees by providing advice and education on
pay rates and workplace conditions.

The Fair Work Commission

The Fair Work Commission is the independent national workplace
relations tribunal. It is responsible for maintaining a safety net of
minimum wages and employment conditions as well as a range of other
workplace functions and regulation.

The AASW does not have the industrial powers or mandate to assist or
advise members in relation to issues of an industrial nature; rather, this
would be a function of a trades or services union, and where applicable,
the Fair Work Ombudsman or Fair Work Commission. The AASW can
only support members with issues specifically relating to ethical or social
work practice issues.

Union Membership

A trade union is defined as ‘an organisation, consisting

predominantly of employees, whose principal activities include the
negotiation of rates of pay and conditions of employment for its
members’ (Australian Bureau of Statistics, 2013).

Australian workers who join a union can seek support and advice
regarding wages, conditions and rights; workplace problems; and
access to lawyers where applicable. The AASW is not able to provide
specific advice and support with respect to such work related issues.
More information about Australian unions can be accessed here:
http://www.actu.org.au/default.aspx and here:
http://www.australianunions.org.au/about

Below are some of the most relevant unions that social workers may
choose to join:
 Australian Services Union – www.asu.asn.au
 Health Services Union – www.hsu.net.au/
 Community and Public Sector Union – www.cpsu.org.au/

Name: Salman Tahir

Student ID: 11875
 Fair Work Commission Australia (formerly Fair Work Australia)

Please refer to this page for contact details for your state/territory:
www.fwc.gov.au/about-us/contact-us

The Fair Work Commission (formerly Fair Work Australia) began operation on 1 July
2009 following the enactment of the Fair Work Act 2009 and associated transitional
legislation. The new tribunal assumed the functions of the Australian Industrial
Relations Commission and the Australian Industrial Registry (both date back to
1904) and the Australian Fair Pay Commission (established in 2005) and some of
the functions of the Workplace Authority (established in 2007).

Who is covered by the Fair Work Act?

The Fair Work Act covers employers who are Constitutional Corporations and their
Employees.

What is a Constitutional Corporation?

A constitutional corporation is a body incorporated under Australian law and engaged

in, or substantially engaged in, trading or financial activities.

Generally, these are companies that carry out commercial activities with a view to
earning revenue (Pty Ltd or Limited companies).

What if I am a self-employed social worker?

Independent contractors have some different industrial rights when compared with
employees. Please access this link for more information:
http://www.fairwork.gov.au/find-help-for/independent-contractors

Fair Work Ombudsman Contact Details

Postal Office locations Website/Online Phone

Addre enquiries
ss
Fair Work http://www.fairwork.go http://www.fairwork.go http://www.fairwork.go
Ombudsm v.au/ contact-us/visit- v.au/ Contact- v.au/ contact-us/call-
an us us/email-us us
GPO Box
9887
In your
capital city

Name: Salman Tahir Student ID: 11875

 Social work wages

The AASW often receives enquiries from members regarding pay rates or wages and
classification/grade systems of their employers. As social workers can be employed
under many different award structures depending on their field of practice or the
sector in which they are employed, the AASW is unable to provide information about
salaries/wages. Salaries and wages may also differ significantly between different
states and territories.

Essentially, employers will determine under which award they will pay their staff. The
level, grade or classification at which employees enter a role is generally determined at
the discretion of the employer, as is the process for moving up the
level/grade/classification structure and whether this is related to time served,
experience, qualifications, performance, or a combination of such factors.

Name: Salman Tahir Student ID: 11875

Name: Salman Tahir Student ID: 11875
 WORK HEALTH AND SAFETY REGULATIONS
OUTLINE
The Model Work Health and Safety Bill (the Bill) has been developed under the Inter-
Governmental Agreement for Regulatory and Operational Reform in Occupational
Health and Safety (IGA) to underpin the new harmonised work health and safety (WHS)
framework in Australia.

The harmonisation of work health and safety laws is part of the Council of Australian
Governments’ National Reform Agenda aiming to reduce regulatory burdens and create
a seamless national economy.

The objects of harmonising work health safety laws through a model framework are:

 to protect the health and safety of workers

 to improve safety outcomes in workplaces
 to reduce compliance costs for business, and
 to improve efficiency for regulator agencies.
The Bill includes the following key elements:

 a primary duty of care requiring persons conducting a business or undertaking

(PCBUs) to, so far as is reasonably practicable, ensure the health and safety
of workers and others who may be affected by the carrying out of work
 duties of care for persons who influence the way work is carried out, as well
as the integrity of products used for work
 a requirement that ‘officers’ exercise ‘due diligence’ to ensure compliance
 reporting requirements for ‘notifiable incidents’ such as the serious illness,
injury or death of persons and dangerous incidents arising out of the conduct
of a business or undertaking
 a framework to establish a general scheme for authorisations such as
licences, permits and registrations (e.g. for persons engaged in high risk work
or users of certain plant or substances)
 provision for consultation on work health and safety matters, participation and
representation provisions
 provision for the resolution of work health and safety issues

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Student ID: 11875
  protection against discrimination for those who exercise or perform or seek to
exercise or perform powers, functions or rights under the Bill
 an entry permit scheme that allows authorised permit holders to:
- inquire into suspected contraventions of work health and safety laws
affecting workers who are members, or eligible to be members of the
relevant union and whose interests the union is entitled to represent,
and
- consult and advise such workers about work health and safety matters.
 provision for enforcement and compliance including a compliance role for
work health and safety inspectors, and
 regulation-making powers and administrative processes including
mechanisms for improving cross-jurisdictional cooperation.
Drafting the model laws
This Bill was drafted by the Parliamentary Counsel’s Committee (PCC), consistent with
its Protocol on Drafting National Uniform Legislation (2008). The PCC is a national
committee representing the drafting offices in Australia and New Zealand.

The PCC has drafted the Bill to be national ‘model’ legislation in non-jurisdictional
specific terms. This means that it uses labels like ‘the court’, ‘the regulator’, ‘the tribunal’
and ‘the authorising authority’. The intention is that the Bill will be ‘mirrored’ in all
jurisdictions, subject to any local variations that are necessary to achieve the agreed
national policy when the legislation forms part of the local law.

The Bill has been based on the recommendations that were made in the first and
second reports of the National Review into Model Occupational Health and Safety
Laws. Although many recommendations were accepted by the Workplace Relations
Ministers’ Council, some were not adopted and others have been modified following
consultative processes. For that reason, the first and second reports should only be
used as a guide to the policy underpinning the provisions in the Bill.

Use of jurisdictional notes

Jurisdictional notes have been used in this Bill to indicate the matters that may be taken
into account by a local jurisdiction when implementing the legislation or to provide
necessary information about the operation of the harmonised legislation.

Jurisdictional notes have been designed to ensure the workability of the model
provisions in each jurisdiction without affecting harmonisation. For example,
jurisdictional notes have been used to explain how non-jurisdictional specific terms may
be substituted, to enable appropriate institutional arrangements to be put into place and
to remove any unnecessary duplication with local laws. The effect of jurisdictional notes
is further explained in the Appendix.

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Student ID: 11875
Penalty units
Because of differences in current levels of the value of penalty units among jurisdictions
and the potential for further variations to occur, the Bill specifies monetary fines for
offences. This is consistent with the PCC’s view that it would be confusing to adopt a
unique penalty unit figure for national uniform legislation.

Because this Bill requires a high level of uniformity, local laws that set ‘penalty units’ will
not apply. That is because future changes in the value of penalty units would result in
different applicable monetary fines applying across jurisdictions. The intention is to
regularly review monetary fines and, if necessary, adjust them to be consistent with
Safe Work Australia’s determinations.

Ongoing consistency
Safe Work Australia will play an ongoing role in maintaining consistency during the
national implementation of the model work health and safety laws. Safe Work Australia
will also facilitate further legislative developments to ensure that the laws remain
relevant and responsive to changes in work health and safety.

The PCC, through its members, also has a role in maintaining consistency of
implemented national uniform legislation. When members draft local legislation that will
impact on the complementary legislation of other jurisdictions, advice will be provided to
other members of the proposed legislation (at least at the time of introduction or earlier
if possible) so that any necessary consequential changes to that complementary
legislation can be made.

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Student ID: 11875
Workers’ compensation especially injury reporting
and occupational rehabilitation

Item Topic The functions of Safe Work

Australia are:
1 National policy to develop national policy relating to
about OHS and OHS and workers’ compensation; and
workers’
compensation
2 Model OHS to prepare a model Act and model
legislation regulations relating to OHS and, if
necessary, revise them:
(a) for approval by the Ministerial
Council; and
(b) for adoption as laws of the
Commonwealth, each of the States
and each of the Territories; and
3 Model OHS to prepare model codes of practice
codes of practice relating to OHS and, if necessary,
revise them:
(a) for approval by the Ministerial
Council; and
(b) for adoption as codes of practice of
the Commonwealth, each of the
States and each of the Territories
and made under laws of those
jurisdictions that adopt the
approved model OHS legislation;
and
4 Other OHS to prepare other material relating to
material OHS and, if necessary, revise that
material; and
5 Policy dealing to develop a policy, for approval by the
with compliance Ministerial Council, dealing with the

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Student ID: 11875
 Item Topic The functions of Safe Work
Australia are:
and enforcement compliance and enforcement of the
of approved Australian laws that adopt the
model OHS approved model OHS legislation, to
legislation ensure that a nationally consistent
approach is taken to compliance and
enforcement; and
6 Monitoring to monitor the adoption by the
adoption of Commonwealth, States and Territories
approved model of:
OHS legislation (a) the approved model OHS
etc. in legislation as a law of those
jurisdictions jurisdictions; and
(b) the approved model OHS codes of
practice as codes of practice of
those jurisdictions; and
(c) the approved OHS compliance and
enforcement policy as a policy of
those jurisdictions; and
7 Collection etc. of to collect, analyse and publish data or
data other information relating to OHS and
workers’ compensation in order to
inform the development or evaluation
of policies in relation to those matters;
and
8 Research etc. to conduct and publish research
relating to OHS and workers’
compensation in order to inform the
development or evaluation of policies
in relation to those matters; and
9 National OHS to revise and further develop the
Strategy National OHS Strategy 2002-2012
2002-2012 released by the Ministerial Council on
24 May 2002, as amended from time
to time; and
10 National to develop and promote national
awareness strategies to raise awareness of OHS
strategies and workers’ compensation; and
11 Workers’ to develop proposals relating to:
compensation (a) harmonising workers’
Name: Salman Tahir
Student ID: 11875
 Item Topic The functions of Safe Work
Australia are:
arrangements compensation arrangements across
the Commonwealth, States and
Territories; and
(b) national workers’ compensation
arrangements for employers with
workers in more than one of those
jurisdictions; and
12 Advising to advise the Ministerial Council on
Ministerial matters relating to OHS or workers’
Council on OHS compensation; and
and workers’
compensation
13 Liaising outside to liaise with other countries or
Australia on international organisations on matters
OHS and relating to OHS or workers’
workers’ compensation; and
compensation
14 Other conferred such other functions that are conferred
functions on it by, or under, this Act or any other
Commonwealth Act.
 

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Student ID: 11875
Food safety and Food Standards Australia New
Zealand Act 1991
This Act may be cited as the Food Standards Australia New Zealand Act 1991.

Commencement

(1) Subject to subsection (2), this Act commences on a day to be fixed by

Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 6
months beginning on the day on which it receives the Royal Assent, it commences on
the first day after the end of that period.

Object of Act

The object of this Act is to ensure a high standard of public health protection throughout
Australia and New Zealand by means of the establishment and operation of a joint body
to be known as Food Standards Australia New Zealand to achieve the following goals:

(a) a high degree of consumer confidence in the quality and safety of food produced,
processed, sold or exported from Australia and New Zealand;

(b) an effective, transparent and accountable regulatory framework within which the
food industry can work efficiently;

(c) the provision of adequate information relating to food to enable consumers to make
informed choices;

(d) the establishment of common rules for both countries and the promotion of
consistency between domestic and international food regulatory measures without
reducing the safeguards applying to public health and consumer protection.

Interpretation

In this Act, unless the contrary intention appears:

Agvet Code means the Code set out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994 of the Commonwealth.

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Student ID: 11875
appropriate government agency means:

(a) the relevant Department of State of the Commonwealth, a State, a Territory or New
Zealand administered by a Minister who is a member of the Forum on Food Regulation;
or

(b) any other body that has an officer on the Food Regulation Standing Committee; or

(c) any other body or officer of the Commonwealth, a State, a Territory or New Zealand
that the Authority considers has a particular interest in the relevant matter.

APVMA means the Australian Pesticides and Veterinary Medicines Authority continued
in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration)
Act 1992.

Australia New Zealand Food Standards Code means the code published under the
name Food Standards Code in the Gazette on 27 August 1987 together with any
amendments of the standards in that code:

(a) approved by a former Council before this Act commenced and published in the
Gazette as forming part of that code; or

(b) made under this Act.

Australia New Zealand Joint Food Standards Agreement means the Agreement
between the Government of Australia and the Government of New Zealand Establishing
a System for the Development of Joint Food Standards, signed at Wellington on 5
December 1995, as amended in accordance with Article 10 of that Agreement.

Authority means Food Standards Australia New Zealand.

Board means the Board of the Authority.

business day means a day that is not:

(a) a Saturday; or

(b) a Sunday; or

(c) a public holiday in the Australian Capital Territory or in Wellington,

New Zealand.

Chief Officer means:

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Student ID: 11875
(a) in relation to a Commonwealth, State, Territory or New Zealand authority—the
person who has the responsibility of Executive Officer or Chief Executive Officer of that
authority (whether the person is a member of that authority or not); and

(b) in relation to any other authority or body—the person who has the responsibility for
the day to day management of that authority or body.

code of practice means a code of practice developed by the Authority under Part 3.
However, a code of practice is not a standard.

Commonwealth authority means a body, whether corporate or not, established by the

Commonwealth, or by or under a law of the Commonwealth.

confidential commercial information, in relation to food, means:

(a) a trade secret relating to food; or

(b) any other information relating to food that has a commercial value that
would be, or could reasonably be expected to be, destroyed or diminished if the
information were disclosed.

develop, in relation to a food regulatory measure or a variation of a food regulatory

measure, includes:

(a) prepare a draft of the measure or variation; and

(b) approve a draft of the measure or variation.

exclusive capturable commercial benefit has the meaning given by section 8.

Finance Minister means the Minister administering the Public Governance, Performance
and Accountability Act 2013.

food has the meaning given by section 5.

Food Regulation Agreement means the Food Regulation Agreement, as amended from
time to time:

(a) that is between the Commonwealth, the States, the Northern Territory and the
Australian Capital Territory; and

(b) that was first made on 3 November 2000 or that was made:

(i) in substitution for that agreement; or

(ii) in substitution for a prior substituted agreement.

Name: Salman Tahir
Student ID: 11875
Food Regulation Standing Committee means the Committee established under the
Food Regulation Agreement.

food regulatory measure means a standard or a code of practice.

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Student ID: 11875
Liquor legislation and regulations
The Liquor Control Reform Act 1998 (the Act) regulates the supply and consumption of
liquor in Victoria.

The objects of the Act are:

(a) to contribute to minimizing harm arising from the misuse and abuse of alcohol,
including by:

(i) providing adequate controls over the supply and consumption of liquor

(ii) ensuring as far as practicable that the supply of liquor contributes to, and does not
detract from, the amenity of community life

(iii) restricting the supply of certain other alcoholic products

(iv) encouraging a culture of responsible consumption of alcohol and reducing risky

drinking of alcohol and its impact on the community

(b) to facilitate the development of a diversity of licensed facilities reflecting community

expectations

(c) to contribute to the responsible development of the liquor and licensed hospitality
industries

(d) to regulate licensed premises that provide sexually explicit entertainment.

It is the intention of Parliament that every power, authority, discretion, jurisdiction and
duty in this Act must be exercised and performed for harm minimisation and the risks
associated with the misuse and abuse of alcohol.

The Act provides penalties for failing to comply with licence conditions or the Act,
including fines, licence suspension and/or cancellation. Examples of behaviour which
may contravene the Act includes:

 unlicensed selling of liquor

 supplying liquor to intoxicated persons

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Student ID: 11875
  underage drinking.

The Liquor Control Reform Regulations 2009 (the regulations) provide for a range of

specific matters in relation to licensing and the regulation of liquor, including prescribing
licence fees and application requirements. The regulations complement the Act and
provide further detail to give effect to the intentions of the Act.

Name: Salman Tahir

Student ID: 11875