Unacceptable behaviour in the workplace is unreasonable conduct at work or in any situation that may be connected to Defence that is offensive, belittling, abusive or threatening to another person or adverse to morale, discipline or workplace cohesion. Unacceptable behaviour may result in psychological injury. Unacceptable behaviour can have a significant impact on the mental health of people involved.
Unacceptable behaviour in the workplace is not condoned, and neither is the mismanagement or disregard of complaints. Defence is committed to ensuring that incidents of unacceptable behaviour are dealt with appropriately.
Types of workplace unacceptable behaviour
Unacceptable behaviour in the workplace is unreasonable conduct at work or in any situation that may be connected to Defence that is offensive, belittling, abusive or threatening to another person or adverse to morale, discipline or workplace cohesion. Unacceptable behaviour may result in psychological injury. Unacceptable behaviour can have a significant impact on the mental health of people involved, and is categorised under seven general headings:
Harassment (excluding sexual harassment)
Harassment is unwanted or unwelcome behaviour that a reasonable person, having regard to all the circumstances, would consider offensive, insulting, humiliating or intimidating. There does not have to be an intention to offend or harass for harassment to occur. Harassing behaviour can range from serious to less significant; one-off incidents may still constitute harassment.
Workplace bullying
Workplace bullying is an aggressive form of harassment. Bullying is a persistent, unreasonable pattern of behaviour directed towards a person or group of persons, which may create a risk to health and safety, including a risk to the emotional, mental or physical health of the person(s) in the workplace.
Sexual violence
Sexual violence is sexual activity that happens where consent is not freely given or obtained, is withdrawn or the person is unable to consent due to their age or other factors. It occurs any time a person is forced, coerced or manipulated into any sexual activity. Such activity can be sexualised touching, sexual abuse, sexual assault, rape, sexual harassment and intimidation and forced or coerced watching or engaging in pornography. Sexual violence can be non-physical and include unwanted sexualised comments, intrusive sexualised questions or harassment of a sexual nature. Forms of modern slavery, such as forced marriage, servitude or trafficking in persons may involve sexual violence.
Discrimination (excluding sexual discrimination)
Discrimination is any distinction, exclusion or preference that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Forms of discrimination include direct discrimination, indirect discrimination, unlawful discrimination, which has four types: a) racial discrimination; b) disability discrimination, c) age discrimination.
Abuse of power and authority
Abuse of power and authority attributed to rank or position to harass, discriminate or bully a subordinate is unacceptable, unethical and in some situations can constitute criminal behaviour.
Conflict of interest and intimate relationships
A conflict of interest refers to any situation where there is, could be or may appear to be, a conflict between an individual’s private interests (including those of their immediate family) and their public duties and responsibilities.
Violent behaviour including family and domestic violence
Violent behaviour is the intentional use of physical force, threatened or actual, against oneself, another person, or against a group or community or property which either results in or has a high likelihood of resulting in injury, death, or psychological harm.
Inappropriate workplace relationships and conflict of interest
Any relationship that involves, or gives the appearance of involving partiality, preferential treatment or improper use of rank or position.
Support
Defence personnel who believe they are subject to unacceptable behaviour or are party to an unacceptable behaviour incident or complaint, may seek confidential advice through the Workplace Behaviour Adviser Network.
At any time in the complaint management process, or when managing an incident of unacceptable behaviour, commanders, managers and supervisors may seek advice or guidance from:
- a Workplace Behaviour Adviser, but not an Adviser who has, or is providing advice to either the complainant or respondent
- a Workplace Behaviour Network Coordinator at a base or establishment
- a Group Human Resource (HR) manager or regional HR Services Team
- references, tools, supporting information and contacts provided on this page or information available on the Defence Protected Network.
Australian Defence Force members can seek support for managing mental health impacts of unacceptable behaviour via the Helplines page or via the support services and programs available on the Wellbeing page.
Sexual Misconduct Prevention and Response Office (SeMPRO) provides 24/7 support for Defence employees (ADF and Defence APS) affected by sexual misconduct.
Complaint process
Upon submission of a complaint of unacceptable behaviour, Defence will acknowledge receipt of the complaint within 24 hours and review the information provided.
Where necessary, Defence will obtain additional information to assist the assigned complaint manager in making an informed decision. The complaint will be recorded in the approved Defence Case Management System and managed fairly, impartially and in accordance with a trauma-informed, person-centric approach.
Throughout the process, affected parties will be afforded procedural fairness and provided with appropriate support. If the complaint is found to be substantiated, Defence will take appropriate action which may include management, administrative, or disciplinary measures.
The parties involved will be informed of the outcome and any review options that may be available. The matter will be finalised once all required actions, notifications and reporting obligations have been completed.
If a complaint is made anonymously or by a member of the public, the information regarding an outcome or actions taken will be limited.
Resources
Provided are the procedures for determining breaches of the APS Code of Conduct and determining sanctions.
Case study
This case study provides an example of the processes and information a manager should consider when handling and resolving an unacceptable behaviour complaint. This scenario is illustrative in nature and is intended for guidance purposes only.
CRSS – Unacceptable Behaviour Case Studies – Harassment Complaints (PDF, 434.95 KB)