Frequently Asked Questions - Index
- What is Equity?
- What is Diversity?
- What is the aim of the Workplace Diversity Program?
- What is the Role of an Equity Adviser?
- Can Defence contracted staff members be Equity Advisers?
- What are my rights as a respondent?
- Can I mediate a solution?
- What's the difference between mediation and conciliation?
- Who pays for mediation?
- What if someone makes a false or malicious complaint?
- Can I be held personally liable as a commander or a manager?
- What do you mean by unacceptable behaviour?
- What happens if the person who is harassing me is my supervisor?
- How can you guarantee that what I say to an Equity Adviser will remain private?
- I need advice but I don't want anyone to know at work, what do I do?
- Can I be told of a sexual offence and keep it confidential?
- How does Defence's unacceptable behaviour policy apply to contractors?
- Why do we report unacceptable behaviour to the DEO?
- Who manages and reports unacceptable behaviour?
- When do we name the complainant and respondent?
- Do contractors need to complete annual equity and diversity awareness training?
- Can a complaint be resolved informally?
- Do I report complaints that were resolved informally?
- When is an incident not to be reported?
- What about the complainant's wishes?
The idea behind equity is to give everyone a fair go at work, with equal access to training opportunities, to fair working conditions and to opportunities for promotion.
Diversity relates to those characteristics that make us unique as individuals. It may include any characteristic.
Workplace diversity is about inclusiveness. Inclusion involves addressing the employment disadvantages faced by certain individuals in Australian society and appreciating the organisational benefits that can accrue from utilising the diverse backgrounds of personnel.
Equity Advisers support commanders and managers with their implementation of equity and diversity initiatives by providing advice to managers and confidential advice and options for resolution to parties in dispute. To avoid conflict of interest an Equity Adviser may only ever advise a single party to a dispute.
Equity Advisers should not be used as the Equity police! An Equity Adviser cannot act as an investigating officer/mediator/appointing authority if they have provided advice as an Equity Adviser to any of the parties.
Although staff contracted to Defence may attend Equity Adviser courses, there are situations where conflicts of interest may occur between their obligations to their employer and their responsbilities within Defence. As the conduct of Equity Advisers is underpinned by the Public Service Act and the Defence Force Discipline Act, contractors may not be well suited to the duties of an Equity Adviser. Additionally, as such a role would not be a part of their contractual obligations, carrying out an Equity Adviser role may lead to conflict between Defence and a number of its prime contractors. Due to these issues, it is not appropriate for Defence contracted staff to act as Equity Advisers in the workplace.
You have the right of reply, and to be treated with respect and dignity under the notion of innocent until proven otherwise.
Only if you are an accredited mediator who has received formal training.
Mediation requires an accredited mediator without a vested interest in the outcome and is more in keeping with a formal resolution. Conciliation may be conducted by anyone skilled at facilitating discussion and may be informal.
Alternative Dispute Resolution, including mediation, is available on a user-pays basis. Wherever possible, local internal Defence Dispute Resolution Practitioners will be used at little or no cost to the requesting unit. However, where costs are incurred, the requesting Unit is liable for all expenses. Any costs should be weighed against the potential costs of protracted conflict in the workplace. $5000 spent today on mediation is cheaper than $500,000 in damages, court costs, absenteeism and redeployment spent next year.
In the past, some people in Defence have been concerned about people making false allegations about their colleagues in order to 'make them pay'. Such behaviour constitutes serious misconduct, and needs to be managed appropriately. Anyone who intentionally makes false or malicious statements regarding unacceptable behaviour should be disciplined under the APS Code of Conduct, the Defence Force Discipline Act 1984, or (for Defence contracted staff) in accordance with the terms of the contract. Paragraphs 76 and 77 of DI(G) PERS 35-3 explain what should be done if you suspect that someone has made a vexatious complaint.
If a complaint cannot be substantiated, it does not mean that it was false or malicious. In order for a complaint to be proven as vexatious, there must be evidence showing that the complainant has knowingly made false statements.
Commanders and managers are personally responsible for ensuring complaints are dealt with promptly and effectively. Failure to do so may result in administrative or disciplinary action. If commanders and managers are found to have contributed to unacceptable behaviour, they may be found personally liable, without Commonwealth indemnity, and therefore may attract a personal financial penalty.
Any behaviour that is offensive, belittling or threatening and is directed at an individual or group of people is unacceptable. It may be the result of some real or perceived attribute or difference. Unacceptable behaviour is behaviour which a reasonable person, having regard to all the circumstances, would consider to offend, humiliate or intimidate other personnel.
Where a workplace supervisor or other member within the chain of command or management structure is the respondent in a case of unacceptable behaviour, the member has the right to address the matter to the next higher person in the chain of command.
Equity Advisers are bound by the Privacy Act 1988 and may not use the information for any purpose without the express permission of the person seeking advice. There are, however, some exceptions: where there is a threat to life or health; where the complaint is about a serious criminal offence; where threats exist to national security.
Any Equity Adviser at any location may be approached for advice, the nature of your visit will be treated confidentially. Alternatively, the Defence Equity Advice Line is open Monday to Friday 0900-2100 hrs and Saturday and Sunday 0900-1700 hrs (except Christmas Day) to listen and provide confidential advice. This service is available to managers, other Equity Advisers or interested parties as well as complainants and respondents.
Disclosure of a sexual offence is to be managed as per DI(G) PERS 35-4 and DI(G) ADMIN 45-2. The bottom line is all Defence personnel (including counsellors and health professionals) receiving a disclosure of a sexual offence must report it to the relevant commander or manager. Any person choosing not to report may be held legally accountable for negligence.
DI (G) PERS 35-3 is intended to cover situations where contracted staff members are working with ADF members and/or Defence APS employees in a common workplace. The ASDEFCON templates now contain specific references to these instructions, which all contracted organisations/individuals are required to comply with.
In situations where a contractor (organisation or individual) is performing their contracted role for Defence, but does not have anything to do with Defence APS employees or ADF members, they are still expected to comply with all extant State and federal requirements regarding workplace health and safety, as well as the terms of their contract. If the contract was signed prior to Feb 2004, and makes no specific mention of Defence's unacceptable behaviour regulations, the contractor and their employees must still comply with the requirements of the Workplace Relations Act, OH&S Act and the various discrimination acts. All properly constructed contracts also contain a 'specified personnel' clause which can be invoked to combat criminal or unacceptable behaviour by contracted staff.
If any contracted staff member is found guilty of unacceptable behaviour, either under the policies of the contract organisation or those of Defence, that misconduct must be managed in accordance with the terms of the contract.
The requirement to report incidents to FR through the Directorate of Rights and Responsibilities (RR)is a Parliamentary one. Any other Service/Command reporting requirements may be satisfied with the AC875-series forms, as long as they are also sent to RR by the unit.
The chain of command is responsible for managing and reporting incidents/complaints. FR, individual EAs and other external agencies are not responsible for the management of complaints/reports.
Initial reports to FR do not contain the names of the complainant/respondent. The only occasion upon which FR receives the name of the respondent is after an investigation has determined that they have behaved unacceptably.
For contracted staff members, training in equity and diversity is part of core business. As in the arena of safety, the Defence contract manager has a responsibility to ensure that staff engaged in the performance of any contract know what is expected of them.
Most complaints should be, and are, resolved informally. Relatively minor complaints are frequently resolved to everyone's satisfaction without formal action occurring.
If a commander or manager is aware of a complaint then it must be reported to FR. Even informal resolutions (eg mediation, self-resolution, counselling) are reported to FR. Names of parties will not be identified if an informal outcome is recorded - the details of the complaint are kept only for accountability, so that the organisation can demonstrate that commanders and managers have managed a situation lawfully and appropriately.
When an incident is resolved through self-resolution between the complainant and the respondent, and does not involve a complaint being made to a commander or manager, there is no requirement to report the incident to FR.
Although important, the happiness of the complainant is not paramount. Commanders and managers must ensure that matters are dealt with promptly, lawfully and appropriately. This will not necessarily satisfy complainants with unrealistic expectations.
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