RNSW_Oct 21_Col_W

Notice to NSW Racing Industry - Harassment/Bullying Harassment, Sexual Harassment, Bullying and Discrimination are unlawful and are not tolerated in the Racing Industry. It is fundamental that the industry and its participants recognise and value the diversity of others, and ensure that the workplace and racing environment are free from harassment, sexual harassment, bullying and discrimination. This in turn provides clarity about who we are as an Industry, as employers and our normal expectations of each other. A safe, harmonious, respectful, inclusive environment also contributes significantly to the Industry’s aim to achieve a culture of performance excellence. Racing NSW wishes to remind all employees and licensed persons of harassment and bullying policies, procedures and practices in the NSW Racing Industry. Discrimination, harassment, bullying and victimization are unacceptable and unlawful forms of behaviour. Everyone has the right to work in an environment that is free of harassment and victimisation. Racing NSW, as the regulatory body for racing in NSW, provides support services to promote working environments, free of unacceptable conduct. These services include the following: • Assistance to employers to develop Harassment/Bullying Policies • Contact with Industry Representatives • Racing NSW referred counsellors • Availability of course material for trainees and apprentice jockeys • Contact with independent bodies eg. Safework NSW, Anti-Discrimination Board, Human Rights Commission. If you have any information regarding any adverse conduct relating to bullying, harassment or sexual harassment you can contact any of the Racing NSW personnel or other authorities listed on the back of this brochure under the heading – Who Can You Contact? Racing NSW will not tolerate bullying or harassment in the NSW racing industry. Our Stewards will enforce the rules of racing and will refer complaints to relevant authorities, which may include the police where appropriate. Harassment can take many forms whether verbally, physically, inappropriate use of social media including Facebook, Snapchat,Instagram or writing or displaying harassing material. Racing NSW Stewards have the power to penalise any person who harasses or bullies anyone or acts in contravention of the Sex Discrimination Act. WHAT IS HARASSMENT? Harassment is any form of behaviour that: • You do not want • Offends/humiliates/intimidates you • Targets you because of sex, pregnancy, race, marital status, disability, sexuality, age. WHAT IS SEXUAL HARASSMENT? Sexual harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature that makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour, which creates a sexually hostile working environment. Examples of sexual harassment include: • uninvited touching, uninvited kisses or embraces; • smutty jokes or comments; making promises or threats in return for sexual favours; • displays of sexually graphic material including posters, pin-ups, cartoons, graffiti or messages left on notice boards, desks or common areas; • repeated invitations to go out after prior refusal; • “flashing” or sexual gestures; sex-based insults, taunts, teasing or name-calling; staring or leering at a person or at parts of their body; • sexually explicit conversation; • persistent questions or insinuations about a person’s private life; • offensive phone calls, letters, e-mail messages or computer screen savers; stalking • inappropriate or offensive use of social media including Facebook, Snapchat, Instagram etc Sexual harassment can involve behaviour that would also be an offence under the criminal law. For example, physical assault, indecent exposure, sexual assault, stalking or obscene communications. Sexual harassment is not behaviour based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated, it is not sexual harassment. WHAT IS BULLYING? Bullying is repeated behaviour that is unreasonable, by an individual or a group towards a person that creates a risk to health and safety. It is behaviour that a reasonable person, having regard to all the circumstances, would anticipate to be humiliating, intimidating, undermining or threatening, and which causes a risk to health and safety. There is no requirement that bullying be intentional. Some examples of bullying include: • abusive or offensive language or comments • aggressive and intimidating behaviour • belittling or humiliating comments • practical jokes or initiation • unjustified criticism or complaints. WHAT IS DISCRIMINATION? Discrimination may be direct or indirect. Direct discrimination occurs when a person is treated less favourably than another person due to a specific attribute or characteristic. The protected attributes and characteristics found in EEO legislation include sex, age, disability or impairment, industrial/ trade union or employer association membership or activity, non- membership or activity, employment activity (e.g. enquiries about employment entitlements), lawful sexual activity, relationship status, marital status, physical features, political beliefs or affiliation or activity, pregnancy or potential pregnancy, transgender status, race, colour, national extraction or social origin, religious beliefs or activity, religious appearance or dress, sexuality, gender identity, gender history, sexual orientation, intersex status, breastfeeding, parental or carer status, profession, trade or occupation or calling, association, association with someone with a protected attribute, irrelevant medical record and irrelevant/spent conviction. The motive for the less favourable treatment is irrelevant. Indirect discrimination occurs when a person with one of the specified attributes or characteristics cannot comply with a policy or condition, with which the majority of persons not having that attribute or characteristic or having a different attribute or characteristic are able to comply (and that policy or condition is unreasonable). COULD BULLYING OR HARASSMENT AFFECT YOU? YES! Everybody who is engaged in activities related to the NSW Racing Industry must be aware of their responsibilities and rights with regards to bullying and harassment Everybody includes employers; full-time, part-time and casual employees; contractors; trainees and students who are engaged in activities in all areas of the racing industry in NSW. HOW CAN IT AFFECT YOU? Bullying and harassment can have a serious and damaging effect on your life. It can: • affect work performance and opportunities; • create a hostile or unpleasant work environment; • make you insecure and fearful; • affect your studies and future career. WHEN AND WHERE CAN BULLYING AND HARASSMENT HAPPEN? Bullying and harassment is not just unlawful during working hours or in the workplace itself. The behaviour is illegal in any work-related context. Bullying and harassment in employment is prohibited in the following circumstances: • recruitment and selection – for example, during job interviews; • the course of employment – for example, at the workplace, during working hours, at work- related activities such as training courses, conferences, field trips, work functions and office Christmas parties; • termination of employment – for example, where an employee is dismissed for objecting to bullying and harassment or resigns because of intolerable bullying and harassment; • any other circumstance that could arise in the context of relationships such as bullying and harassment of an employee by a fellow employee, regardless of when or where it occurs. WHAT ARE YOUR RIGHTS? • Everyone has the right to work in an environment which is free of bullying and harassment • Sexual harassment is against the law • Harassment, Sexual harassment, Bullying and Discrimination are against the Rules of Racing • Confidential complaint procedures are available. WHAT DOES THE LAW SAY? Sexual harassment is prohibited in Australia by the Federal Sex Discrimination Act and anti-discrimination laws in all States and Territories. The Sex Discrimination Act prohibits sexual harassment and other forms of discrimination in areas such as employment, the provision of services, education and accommodation. Sexual harassment is a legally recognised form of sex discrimination. Sexual harassment can be a breach of an employer’s common law duty to take reasonable care for the health and safety of employees. Harassment, bullying and discrimination can also be against the law. All can also be a breach of occupational health and safety legislation. WHAT DO THE RULES OF RACING SAY? Stewards are empowered to investigate allegations of harassment, sexual 148 www.racingnsw.com.au