Intent:

Christian Heritage College (CHC) has a legal and moral responsibility to ensure that no person is subjected to behaviours or practices that may constitute discrimination.

This policy confirms CHC’s commitment to eliminating behaviour that does not reflect its acceptable behaviour standards, and aims to promote the principles of responsible and respectful behaviour to ensure a safe and discrimination free environment for all persons.

Scope:

Inclusions: All CHC employees, contractors, students/interns, and visitors who are engaged in CHC activities either on or off campus.

Discrimination may adversely affect the health and wellbeing of persons, and may adversely affect a person’s access to and/or their participation in opportunities provided by CHC. 

Restrictions: Nil

Exclusions: Nil

Objectives:

1.     To ensure that CHC complies with relevant laws and standards of corporate citizenship and to provide a consistent means of dealing with breaches of this Anti-Discrimination Policy.

Definitions and Examples

Types of Discrimination

1.          The following are considered to be grounds for unlawful discrimination and/or harassment:

• Race
• Sex
• Pregnancy/breastfeeding
• Disability (covered in more detail later in this policy)
• Impairment
• Age
• Religion*
• Sexual orientation
• Industrial, political or trade union activity
• Gender identity
• National extraction or social origin
• Intersex status
• Inappropriate association with a child
• Marital/relationship status
• Carer/family responsibilities

Vilification on the grounds of race, religion, sexuality or gender identity is also unlawful.

The grounds for unlawful discrimination and harassment are explained in the relevant Federal and State legislation, which is listed in policy supporting information.

Discrimination can be either direct or indirect. Direct discrimination takes place when an individual is disadvantaged or treated less favourably than another person. Indirect discrimination happens when a practice or policy appears to be fair because it treats everyone the same way but actually disadvantages people from a particular group.

*Exemptions to religious discrimination exist under Australian law.

2.     Examples of discrimination may include but are not limited to:

• Making jokes, insinuations, humiliating comments or racially oriented remarks;
• Criticizing and being intolerant in regards to the victim’s differences: his or her accent, clothing, hairdo, customs and beliefs;
• Acting seemingly disgusted or showing contempt in the victim’s presence;
• Finding excuses for not working with the victim;
• Stereotyping the victim with subordinate tasks;
• Denial or limitation of access to facilities or services;
• Derogatory name calling;
• Provocative behaviour that offends a particular person on the basis of their difference;
• Exclusion, isolation or segregation of people or a person who is different from that of the dominant group;
• In appropriate jokes about that discriminate;
• The attribution of stereotypical behaviour to a particular group in the hearing of a member of that group; and
• Physical harassment.

Disability Based Discrimination

11.         The definition of disability, according to the Commonwealth Disability Discrimination Act 1992, is:

• total or partial loss of the person’s bodily or mental functions; or
• total or partial loss of a part of the body; or
• the presence in the body of organisms causing disease or illness; or
• the presence in the body of organisms capable of causing disease or illness; or
• the malfunction, malformation or disfigurement of a part of the person’s body; or
• disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
• a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour;

and includes a disability that:

• presently exists; or
• previously existed but no longer exists; or
• may exist in the future; or
• is imputed to a person.

12.         Examples of disability-based harassment may include but are not limited to:

• interference by permanent or temporary removal or adjustment of an aid (eg. hiding a walking stick, turning off a device);
• abuse, insults or “jokes” about a person’s physical appearance or capabilities or intellectual capacity;
• implying that a physical disability is necessarily related to or a manifestation of intellectual limitation (people with hearing impairments are particularly vulnerable in this regard);
• persistent denial of access to facilities and services, including relevant training, or refusal to make reasonable accommodation for a person’s disability;
• isolation or segregation.

14.         Derogatory comments on conditions, equipment or personal support (eg. interpreter, reader, carer, or trained animal) provided because of a person’s disability or medical condition, and the statement of an implied belief that such provision is a form of advantage or favouritism, can also constitute harassment.

Policy Provisions:

1.         CHC is committed to fostering the right of individuals to be free from discrimination, while engaged in CHC activities.

2.         CHC will not tolerate discrimination under any circumstances and will take all reasonable steps to eliminate such behaviours or actions.

3.         CHC will use educative approaches for the prevention of discrimination, ensuring all persons know their rights and responsibilities, and are encouraged to report behaviour that breaches this policy. CHC will actively seek to adopt and promote inclusive and non-discriminatory language in all persons.

4.         Persons who believe they are being discriminated against may address their concerns through the options for mediation in the initial informal steps of the relevant grievance policy. Normally decision makers should seek to resolve grievances of this nature through conciliation/mediation between the parties involved. However, there may be circumstances where this initial step is not appropriate.

5.         If discriminatory behaviour involves physical assault or the threat of physical assault, this will be referred to the CEO/President or delegate who will determine whether the police or other relevant authority should be notified.

Responsibility to Act

6.         All employees and volunteers must report any infringements of this policy to their direct line manager or CEO/President and encourage students, stakeholders and members of the public to also report infringements to the CEO/President or delegate, or where needed, the volunteer or employee may do so on behalf of that person.

7.            It is the responsibility of all employees and volunteers to take reasonable steps to ensure that CHC activities and events are free from discrimination.

8.            CHC must take active steps to circulate and implement these policies and procedures so that employees, students and volunteers are aware of them and understand that they are expected to comply with them.

9.            Failure to comply with these policies and procedures may cause CHC and an employee, student or volunteer to be vicariously liable should a complaint be received and may be subject to an investigation which can lead to dismissal from work or study.

10.            Under law, both employees and volunteers will be personally liable if their actions constitute discrimination.

Confidentiality

20.            If a complaint is made, it is essential, to the best interests of the parties to the complaint, that confidentiality be maintained to the greatest possible extent at all stages of the complaint procedures. Communication about the complaint must be limited to persons to whom disclosure is consistent with official position and responsibilities.

21.            An accusation of discrimination is potentially defamatory and, in order that defences to a defamation action are available to CHC or to persons involved in the grievance, it is essential that the following procedures be observed:

21.1.     a person making a complaint under these procedures must act honestly and in good faith;

21.2.     any employee, student or volunteer wishing to communicate with another person about a matter coming under these procedures must do so in private or by correspondence marked “personal and confidential”;

21.3.     In an emergency, the public interest may require that CHC release confidential information to appropriate authorities. This is permitted by law. CHC must comply with legal requirements to release confidential information in response to a subpoena or search warrant.