GREYHOUNDS AUSTRALASIA LIMITED
GREYHOUND INDUSTRY HARASSMENT POLICY
Greyhounds Australasia
Limited hereby draws the attention of all clubs,
associations, employers, employees, contractors, registered persons and
participants generally of both their rights and responsibilities with regard to
harassment and in particular, sexual harassment.
It is a fundamental right
of all people to be able to work in an environment free of sexual harassment and
victimisation.
Greyhounds Australasia is committed to
providing employees, registered persons and participants with a healthy and safe
work environment.
The provisions and policies
of the Anti-Discrimination Act 1977 and the Occupational Health and Safety Act
2000 are fully supported by the Greyhounds Australasia. Other relevant items of legislation include –
Ø
Equal Opportunity Act 1987 (Commonwealth)
Ø
Sex Discrimination Act 1984 (Commonwealth)
Ø
Racial Discrimination Act 1975 (Commonwealth)
Ø
Disability Discrimination Act 1992 (Commonwealth)
Ø
Human Rights and Equal Opportunity Commission Act
1986 (Commonwealth)
Greyhounds Australasia as the regulatory
body for greyhound industry throughout Australia, provides support services, to
promote working environments, which are free of sexual harassment.
These services include the following:
Ø
Assistance to employers to develop Sexual Harassment
Policies
Ø
Contact with Industry Representatives
Ø
Contact with counsellors
Ø
Contact with independent bodies e.g.
Anti-discrimination Board, Human Rights and Equal Opportunities Commission.
A range of options exists
to ensure all those involved in the industry have at least one channel of
complaint with which they feel comfortable.
Greyhounds Australasia will not tolerate sexual harassment
in the Australian greyhound racing industry.
Stewards will enforce the
Rules of Greyhounds Australasia 2003 and the Club Rules for Greyhound Racing while also
referring complaints to appropriate authorities, which may include the police
where appropriate.
WHAT IS HARASSMENT?
Ø
an employee and a manager or supervisor;
Ø
co-workers; or
Ø
an employee and another person in the workplace, for
example a customer.
Harassment can occur in any
location where people are working including those where services are delivered
outside the usual place of work, such as an employee or employer’s home.
It might also be in the
form of behaviour that targets you because of sex, pregnancy, race, marital
status, disability, your preferred sexuality or age.
In addition it is important
to note that it is irrelevant at law whether or not the inappropriate behaviour
was intended. Registered persons,
participants, employees and employers must understand that it is the person
being subjected to the behaviour, who determines whether the behaviour is
welcome or unwelcome.
WHAT IS SEXUAL
HARASSMENT?
Sexual harassment is an 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, and the display of offensive material or other behaviour, which
creates a sexually hostile working environment.
Examples of sexual harassment include:
Ø
uninvited touching, uninvited kisses or embraces;
Ø
smutty jokes or comments; making promises or threats
in return for sexual favours;
Ø
displays of sexually graphic material including
posters, pinups, cartoons, graffiti or messages left on notice boards, desks or
common areas;
Ø
repeated invitations to go out after prior refusal;
Ø
“flashing” or sexual gestures, sex-based insults,
taunts, teasing or name-calling, staring or leering at a person or at parts of
their body;
Ø
sexually explicit conversation;
Ø
persistent questions or insinuations about a
person’s private life;
Ø
offensive phone calls, letters, e-mail messages or
computer screen savers, stalking;
Ø
leering, patting, pinching or unnecessary
familiarity;
Ø
offensive comments on physical appearance, dress or
private life.
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 which is based on mutual attraction, friendship and respect.
If the interaction is consensual, welcome and reciprocated it is not
sexual harassment.
Greyhounds Australasia recognises that
comments and behaviour which do not offend one person can offend another,
Greyhounds Australasia accepts that individuals may react differently and expects this right to
be generally respected.
COULD SEXUAL HARASSMENT
AFFECT YOU? YES!
Everybody
who is engaged in activities related to the Australian greyhound racing industry
must be aware of their responsibility and rights with regards to harassment,
including sexual 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
greyhound racing industry in Australia.
HOW CAN IT AFFECT YOU?
Sexual harassment can have
a serious and damaging effect on your life.
It can:
Ø
affect work performance and opportunities;
Ø
create a hostile or unpleasant work environment;
Ø
make you insecure and fearful;
Ø
affect your studies and future career.
WHEN AND WHERE CAN
SEXUAL HARASSMENT HAPPEN?
Sexual harassment is not
just unlawful during working hours or in the workplace itself.
The behaviour is illegal in any work-related context.
Sexual harassment in employment is prohibited in the following
circumstances:
Ø
recruitment and selection
– for example, during job interviews;
Ø
the course of employment
– for example, at the workplace, during working hours, at work-related
activities such as a race meeting, training courses, conferences, field trips,
work functions and office Christmas parties;
Ø
termination of employment
– for example, where an employee is dismissed for objecting to sexual
harassment or resigns because of intolerable sexual harassment;
Ø
any other circumstance
that could arise in the context of relationships such as sexual harassment of an
employee by a fellow employee, regardless of when or where it occurs.
WHAT ARE YOUR RIGHTS?
Ø
Everyone has the right to work in an environment
which is free of harassment.
Ø
Sexual harassment is against the law.
Ø
Sexual harassment is against the Rules of
Greyhounds Australasia 2003 and the Club Rules for Greyhound Racing.
Ø
Confidential complaint procedures are available.
WHAT DO THE AUSTRALIAN
GREYHOUND RULES OF RACING SAY?
Stewards are empowered to investigate
allegations of sexual harassment and to lay charges and impose penalties under
certain Rules of Racing, Rule 109(1), (6)(a)(b)(c)(d),(7),(15)&(17) of the
Australian Greyhound Racing Rules states:
OFFENCES
R109
Any person (including an official) who:
(1) contravenes
any of these Rules;
(6) uses
improper, insulting, or offensive language in either the written or spoken form
towards, or in relation to:
(a) a
Steward;
(b) the
committee, or a member of the committee, of a Club;
(c) the
Board/Commission, or a member of the
Board/Commission; or
(d) any
other person having official duties in relation to
greyhound racing;
(7)
assaults, obstructs, impedes, abuses, threatens or insults the
Board/Commission, any member of the Board/Commission, a Club, any member of the
committee of a Club, any Board/Commission Steward, any Steward or any other
official of the Board/ Commission or a Club;
(15)
has, in relation to a greyhound or greyhound racing, done a thing, or
omitted to do a thing, which, in the opinion of the Stewards, is negligent,
dishonest, corrupt, fraudulent or improper, or constitutes misconduct;
(17)
commits or omits to do any act or engages in conduct which is in any way
detrimental or prejudicial to the interest, welfare, image, control or promotion
of greyhound racing:
WHO IS RESPONSIBLE?
Are individual persons responsible? YES.
Ø
Persons, including employers, employees and contract
workers are personally liable for their own acts of sexual harassment.
Ø
A person is personally liable for any act of
victimisation.
Ø
A person is personally liable for causing,
instructing, inducing, aiding or permitting another to discriminate (including
discrimination involving sexual harassment).
Are employers responsible? YES.
Ø
An employer is vicariously liable for 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.
Ø
Lack of awareness that an employee or agent 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?
Ø
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.
Ø
An employee must not engage in any act of victimisation.
Ø
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:
Ø
comply with the organisation’s sexual harassment
policy;
Ø
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);
Ø
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 sexual harassment if
they wish to avoid liability.
Ø
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.
Ø
Allowing sexual harassment to remain unchecked can
expose employers to the cost, inconvenience and damaging publicity of legal
proceedings and compensation claims.
Ø
Employers are not only liable for their own acts of
sexual 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 sexual harassment
occurring.
Ø
It is recommended that employers, including clubs,
associations, partnerships, syndicates or other groupings develop and promote a
written policy on sexual harassment, which includes both internal and external
complaint procedures. When
developing a strategy to address sexual harassment, it is recommended that
employers consult with relevant parties including staff, unions, employer organisation's, industry and professional associations, the Human Rights and
Equal Opportunity Commission and/or State and Territory anti-discrimination
agencies.
WHAT CAN YOU DO IF YOU ARE BEING HARASSED?
Ø
Do not ignore the harassment (ignoring the behaviour
could be taken as tacit consent);
Ø
Inform the offender that the behaviour is offensive,
unacceptable and against Board policy; and
Ø
Seek assistance in having the behaviour stopped.
This may include making a report or a complaint.
HOW TO MAKE A COMPLAINT
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 in each state include:
WHAT WILL HAPPEN IF YOU MAKE A COMPLAINT OR
REPORT?
Any complaints or reports
of harassment will be treated quickly, seriously and sympathetically.
They will be investigated thoroughly, impartially and confidentially.
Managers, stewards, supervisors and the Harassment Contact Officer must
act immediately on any reports of harassment.
Staff and/or Industry participants will not be disadvantaged in their
employment conditions or opportunities as a result of lodging a complaint.
Appropriate action where
necessary will be taken against anyone including staff or an independent
contractor who is found to have sexually harassed a co-worker, or any other
person during the course of their employment or contract.
WHO
YOU CAN CONTACT?
GRA (NSW)
PO Box 138
Lidcombe.
2141
Phone:
(02) 9643 3100
Fax:
(02) 9749 5235
ANTI-DISCRIMINATION BOARD
The Anti-Discrimination
Board can provide information and confidential counselling service.
Toll Free
1800 670 812
Sydney
(02) 9268 5555
OTHER CONTACTS
Child Abuse Line 1800 066777
Child Protection & Family Crisis Service
132111
Department of Women
(02) 9287 1860 or
Human Rights & Equal
Opportunity Commission
1300 656 419 or 1300 363 992
Domestic Violence Counselling and Advice
1800 656 463
Rape Crisis Centre
(02) 9819 6565
Sexual Abuse Helpline
131200
Sydney Sexual Health Centre
(02) 9382 7440 or 1800 451 624
Victims of Crime
1800 819 816
Women’s Gateway
www.womens.gateway.nsw.gov.au
Women’s Information & Referral Service
1800 817 227
In
addition to the contact details listed for each state, the Human Rights
And Equal
Opportunity commission can be contacted at any time for
assistance.
HUMAN
RIGHTS & EQUAL OPPORTUNITY COMMISSION
GPO
Box 5218
SYDNEY NSW 1042
Telephone: (02) 9284 9600
Facsimile: (02) 9284 9611
Complaints Infoline: 1300 656 419
Email: complaintsinfo@hreoc.gov.au
QUEENSLAND
Greyhound Racing Authority of Qld
P.O. Box 250
ALBION 4010
Ph (07) 3262 7800
Fax (07) 3262 7809
ANTI-DISCRIMINATION
COMMISSION - QUEENSLAND
Statewide Toll Free: 1300 130 670
The Anti-Discrimination Commission can provide information and confidential
advice on anti-discrimination matters.
BRISBANE
Level 1 First Floor,
189 Coronation Drive
Milton Qld 4001
Fax: 07 3247 0960
ROCKHAMPTON
State Government Centre
209 Bolsover Street
PO Box 1390
Rockhampton Qld 4700
Fax: 07 4922 6772
TOWNSVILLE
Level 2, St James Place
155-157 Denham Street
Townsville Qld 4810
Fax: 07 4772 7087
CAIRNS
McLeod Chambers
78 Spence Street
PO Box 4699
Cairns Qld 4870
Fax: 07 4031 9974
STATE
WIDE SEXUAL ASSAULT HELPLINE
(Royal Brisbane Hospital)
Telephone: 1800 010 120 or (07) 3636 5206
Facsimile: (07) 3636 5356
WOMEN'S INFOLINK
PO Box 185,
ALBERT STREET BRISBANE QLD 4002
Freecall Telephone- Brisbane and Queensland wide: 1800 177 577
VICTORIA
Greyhound Racing Victoria
46-50 Chetwynd Street
WEST MELBOURNE 3003
(Main) 8329 1100
(Fax) 8329 1000
For union members who wish to seek
Union assistance
Australian Workers' Union Media, Entertainment & Arts Alliance
685 Spencer Street 221 Queen Street
West Melbourne Vic 3003 Melbourne Vic 3000
Phone: (03) 9329 8733 Phone: (03) 9691 7100
For enquiries and lodgement of complaints
Victorian Equal Opportunity Commission
Level 3,
380 Lonsdale Street
Melbourne Vic 3000
Free call: 1800 134 142
Phone: (03) 9281 7111
Human Rights and Equal Opportunity Commission (Federal)
133 Castlereagh Street
Sydney NSW 2000
Phone: 1300 656 419
SOUTH
AUSTRALIA
Greyhound Racing South Australia
P.O. Box 2352
REGENCY PARK 5942
Ph: (08) 8268 1211
Fax: (08) 8268 2870
EQUAL
OPPORTUNITY COMMISSION
OFFICE OF THE COMMISSIONER FOR EQUAL
OPPORTUNITY)
45 Pirie St Adelaide 5000 (08) 8207 1977
TTY (Deaf & Hearing Impaired)
08) 8207 1911
Email eoc@agd.sa.gov.au
Internet www.eoc.sa.gov.au
Human Rights &
Equal Opportunity Commission
See Equal Opportunity
Commission) Adelaide 5000(08) 8226 5660
HUMAN
RIGHTS & EQUAL OPPORTUNITY COMMISSION (FEDERAL)
Islander Social Justice, Disability
Discrimination, Human Rights,
Race Discrimination and Sex Discrimination Commissioners
133 Castlereagh St Sydney 2000 (02) 9284 9600
Complaints Infoline 1300 656 419
General Enquiries & Publications 1300 369
711
Internet www.humanrights.gov.au
WESTERN
AUSTRALIA
P.O. Box 6
CANNINGTON 6987
Ph: (08) 9458 4600
Fax: (08) 9458 1740
General Inquiries Phone: (08) 9216 3900
Discrimination Inquiries Phone: (08) 9216 3934
HUMAN RIGHTS & EQUAL OPPORTUNITIES COMMISSION (FEDERAL)
General Inquiries Phone: 1300 369 711
Complaints Infoline Phone: 1300 656 419
NORTHERN
TERRITORY
Acting Deputy Director/Manager Racing
GPO Box 1154
DARWIN NT
0801
Ph (08) 8999 1329
Fax (08) 8999 1888
HUMAN
RIGHTS & EQUAL OPPORTUNITY COMMISSION (FEDERAL)
Islander Social Justice, Disability
Discrimination, Human Rights,
Race Discrimination and Sex Discrimination Commissioners
133 Castlereagh St Sydney 2000 (02) 9284 9600
Complaints Infoline 1300 656 419
General Enquiries & Publications 1300 369
711
Internet www.humanrights.gov.au
TASMANIA
P.O. Box 1329
LAUNCESTON 7250
Phone (03) 6336 2450
Fax (03)
6336 2966
HUMAN
RIGHTS & EQUAL OPPORTUNITY COMMISSION (FEDERAL)
Islander Social Justice, Disability
Discrimination, Human Rights,
Race Discrimination and Sex Discrimination Commissioners
133 Castlereagh St Sydney 2000
(02) 9284 9600
Complaints Infoline 1300
656 419
General Enquiries & Publications 1300 369
711
Internet www.humanrights.gov.au
ACT
A.C.T.
Greyhound Racing
General Enquiries:
Canberra Greyhound Racing Club Inc.
PO Box 647
Fyshwick A.C.T. 2609
Phone: 62 95 3554
Fax:
62 39 6136
Confidential Enquiries:
Ken Hutchinson
62 95 3554 or 0414 263 142
Keith Webb
62 657845
Stewards
ANTI-DISCRIMINATION
BOARD
The Anti-Discrimination Board can provide
information and confidential counselling
service.
Toll Free 1800 670 812
Sydney (02) 9268 5544
Wollongong 4224 9960
OTHER
CONTACTS
Kids
Help Line 1
800 551 800
Lifeline
131
114
Child
Protection & Family Crisis Service 132111
Police
11444
Human
Rights & Equal Opportunity Commission 62
07 0576
Domestic
Violence Crisis Service 6280
0900
Rape
Crisis Centre 6247
2525 ( 24 hour service )
Sexual
Abuse Helpline 131200
Victims
of Crime 6295 9600
Women’s
Information & Referral Service 62
05 1075
A.C.T.
Gambling & Racing Commission 62
07 0359
Sexual
Assault Team 62
56 7777
This Web Page is National Harassment Policy