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harassment, bullying and discrimination and to lay charges and impose penalties under certain Rules of Racing, including: AR8. To assist in the control of racing, Stewards shall be appointed according to the Rules of the respective Principal Clubs, with the following powers: - (d) To regulate and control, inquire into and adjudicate upon the conduct of all officials and licensed persons, persons attendant on or connected with a horse and all other persons attending a racecourse and to punish any such person in their opinion guilty of improper conduct or unseemly behaviour. AR 175. The Committee of any Club or the Stewards may punish; (a) Any person, who, in their opinion, has been guilty of any dishonest, corrupt, fraudulent, improper or dishonourable action or practice in connection with racing. (q) Any person who in their opinion is guilty of any misconduct, improper conduct or unseemly behaviour. (qq) Any person who in their opinion, is guilty of engaging in the publishing or posting on any social media platform or channel any material, content or comment that is obscene, offensive, defamatory, racist, threatening, harassing, discriminating or abusive to any other person or entity involved in the racing industry. (x) Any person who in their opinion is guilty of workplace harassment of a person while the latter is acting in the course of his duties when employed, engaged or participating in the racing industry. (y) Any person who in their opinion is guilty of sexual harassment of a person employed, engaged or participating in the racing industry. (z) Any person who engages in any conduct which threatens, disparages, vilifies or insults another person (the ‘other person’) on any basis, including but not limited to, a person’s race, religion, colour, descent, and/or national or ethnic origin, special ability/ disability or sexual orientation, preference or identity, while the other person is acting in the course of his or her duties in the racing industry. WHO IS RESPONSIBLE? Are individual persons responsible? YES. • Persons, including employers, employees and contract workers are personally liable for their own acts of sexual harassment • A person is personally liable for any act of victimisation • A person is personally liable for causing, instructing, inducing, aiding or permitting another to discriminate (including discrimination involving harassment, bullying or sexual harassment). Are employers responsible? YES. • An employer is vicariously liable* for any acts of harassment committed by employees or agents in connection with their duties unless “all reasonable steps” were taken by the employer to prevent harassment occurring. • Lack of awareness that an employee or agent bullied, harassed or sexually harassed another will not discharge an employer’s vicarious liability. *Vicarious liability is an employer’s legal responsibility for wrongs committed by employees in the course of work. WHAT ARE EMPLOYEES’ RESPONSIBILITIES? • Employees should be aware of and understand both their rights and their responsibilities. This means they should also be aware of, and comfortable with, all available avenues for complaint and support • An employee must not engage in any act of victimization, bullying or harassment • An employee must not cause, instruct, induce, aid or permit another person to commit an act of sexual harassment. All staff have a responsibility to: comply with the organisation’s harassment policy; offer support to anyone who is being harassed and let them know where they can get help and advice (they should not, however, approach the harasser themselves); *maintain complete confidentiality if they provide information during the investigation of a complaint. Staff should be warned that spreading gossip or rumours may expose them to a defamation action. WHAT ARE EMPLOYERS’ RESPONSIBILITIES? Every employer, regardless of business size, is legally required to take all reasonable steps to prevent all forms of harassment if they wish to avoid liability. • There is no exemption in the Sex Discrimination Act for small business. Employers in all small businesses, whatever the size, will be vicariously liable for acts of sexual harassment committed by employees unless all reasonable steps were taken to prevent it occurring. • Allowing bullying, harassment or sexual harassment to remain unchecked can expose employers to the cost, inconvenience and damaging publicity of legal proceedings and compensation claims. • Employers are not only liable for their own acts of harassment. They can also be held legally responsible for sexual harassment by their employees unless all reasonable precautions were taken. It is the employer’s responsibility to prove that all reasonable steps were taken. Employers must actively implement precautionary measures to minimise the risk of harassment occurring. • It is recommended that employers develop and promote a written policy on harassment, which includes both internal and external complaint procedures. When developing a strategy to address harassment, it is recommended that employers consult with relevant parties including staff, unions, employer organisations, industry and professional associations, the Human Rights and Equal Opportunity Commission and/ or State and Territory anti-discrimination agencies. Seek a complaint channel that you both trust and feel comfortable with. First consult your employer’s harassment policy procedures and investigate internal complaint channels. External complaint channels include: • Racing NSW Executives and Managers • Racing NSW Stewards Racing NSW referred Counsellors • SafeWork NSW • NSW Anti-Discrimination Board • Human Rights Commission WHO CAN YOU CONTACT? Racing NSW General Enquiries: Mr Pete Sweney Racing NSW Level 7, 51 Druitt St, Sydney NSW 2000 Phone: (02) 9551 7573 Confidential Enquiries: • Stewards’ Department/Investigator (02) 9551 7500 • Welfare Officer Phillip O’Brien (02) 6332 4186 Stewards Contacts The Chairman of Stewards in your region will also ensure confidentiality. Dubbo Region Chairman of Stewards (02) 6885 2111 Tamworth Region Chairman of Stewards (02) 6762 2035 Port Macquarie Region Chairman of Stewards (02) 6581 1476 Grafton Region Chairman of Stewards (02) 6642 7661 Queanbeyan Region Chairman of Stewards (02) 6241 3596 Wagga Wagga Region Chairman of Stewards (02) 6921 6244 SAFEWORK NSW Provides policies, support and guidance for employers and employees Phone: 13 10 50 www.safework.nsw.gov.au/ NSW ANTI-DISCRIMINATION BOARD For employers: The ADB provides information, support and training services For employees: The ADB can provide information and confidential counselling services. Toll Free: 1800 670 812 Sydney: (02) 9268 5555 www.antidiscrimination.justice.nsw.gov.au/ AUSTRALIAN HUMAN RIGHTS COMMISSION For employers: The AHRC provides information, support and training services For employees: The AHRC provides information and confidential counselling services Phone: (02) 9284 9600 Complaints Infoline: 1300 656 419 www.humanrights.gov.au/ FAMILY AND COMMUNITY SERVICES - Child Protection Helpline 132 111 www.facs.nsw.gov.au RAPE CRISIS CENTRE Toll Free: 1800 424 017 Sydney: (02) 9515 6111 (24hrs) www.nswrapecrisis.com.au WayAhead – This service has an extensive database of community contact names and numbers Toll Free: 1300 794 991 wayahead.org.au/ CENTRAL SYDNEY SEXUAL ASSAULT SERVICE This service provides telephone counselling. Phone: 1800 211 028 www.rape-dvservices.org.au/ This website provides phone numbers for regional sexual assault services LIFELINE This service provides out of hours support Phone: 131 114 www.lifeline.org.au/ HEADSPACE A national youth mental health foundation that helps young people between 12 and 25 who are going through a tough time. Phone: (02) 9114 4100 headspace.org.au/ MENTAL HEALTH LINE 24-hour support service across NSW that can connect you with a mental health professional Phone: 1800 011 511 www.cclhd.health.nsw.gov.au/ourservices/ MentalHealth Please Note: Contact information correct at time of publication. HOW TO MAKE A COMPLAINT 149 www.racingnsw.com.au