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 moral, 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 moral, 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Sexual violence is sexual activity that happens where consent is not freely given or obtained, is withdrawn or the person is unable to consent due to their age or other factors.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.