By-Law 12

Discrimination and Harassment

This important policy document is to form part of the Australian National Budgerigar Council Inc    By- Laws and is to apply to all affiliated States and Zones along with Clubs within those States and Zones and all members of those Clubs. The document is also enforceable under Australian Law. This policy defines the requirements and scope associated with Bullying and Discrimination.

1.  Scope

This policy applies to the Committee and all Affiliated / Associated members (and their applicable memberships) of the Australian National Budgerigar Council Inc.

2.  Aims

The Australian National Budgerigar Council Inc. and its Affiliates / Associates are committed to providing a safe, flexible and respectful environment for all fanciers free from all forms of discrimination, bullying and sexual harassment.

All members of the Australian National Budgerigar Council Inc. and its Affiliates / Associates are required to treat others with dignity, courtesy and respect.

By effectively implementing our Discrimination and harassment policy we will attract and retain likeminded members and create a positive environment for all members of the Affiliates / Associates (and their memberships) of the Australian National Budgerigar Council Inc.

3.  Members rights and responsibilities

The Australian National Budgerigar Council Inc. and its Affiliates / Associates and their memberships must:

  • follow the standards of behaviour outlined in this policy
  • offer support to people who experience discrimination, bullying or sexual harassment.
  • avoid gossip and respect the confidentiality of complaint resolution procedures
  • treat everyone with dignity, courtesy and respect.

3.1  Additional responsibilities of the Management Committee

The Management Committees of the Australian National Budgerigar Council Inc. and its Affiliates / Associates must also:

  • model appropriate standards of behaviour
  • take steps to educate and make their members aware of their obligations under this policy and the law
  • intervene quickly and appropriately when they become aware of inappropriate behaviour
  • act fairly to resolve issues and enforce appropriate behavioural standards, making sure relevant parties are heard
  • help members resolve complaints informally
  • refer formal complaints about breaches of this policy to the Secretary of the applicable Affiliate / Associate and the Australian National Budgerigar Council Inc.
  • ensure members who raise an issue or make a complaint are not victimised

4.  Unacceptable conduct

Discrimination, bullying and sexual harassment are unacceptable by the Australian National Budgerigar Council Inc. and its Affiliates / Associates and their memberships and are unlawful under the following legislation:

  • Sex Discrimination Act 1984 (Cth)
  • Racial Discrimination Act 1975 (Cth)
  • Disability Discrimination Act 1992 (Cth)
  • Age Discrimination Act 2004 (Cth)
  • Australian Human Rights Commission Act 1986 (Cth).

Members (including Committees) found to have engaged in such conduct will face possible expulsion from their applicable Affiliates / Associates and from the Australian National Budgerigar Council Inc.

4.1  Discrimination

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.

Discrimination can occur:

Directly, when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law.

For example, a member is harassed and humiliated because of their race, colour, religion etc

 

Indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law.

For example, changing rules that might impact an individual member

Protected personal characteristics under Federal discrimination law include:

  • a disability, disease or injury, including injury
  • parental status or status as a carer, for example, because they are responsible for caring for children or other family members
  • race, colour, descent, national origin, or ethnic background
  • age, whether young or old, or because of age in general
  • sex
  • religion
  • pregnancy and breastfeeding
  • sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual
  • marital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationship
  • political opinion
  • social origin
  • medical record
  • an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.

It is also against the law to treat someone unfavourably because you assume they have a personal characteristic or may have it at some time in the future.

4.2  Bullying

If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination.

Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair practices.

Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-off event.

Behaviours that may constitute bullying include:

  • sarcasm and other forms of demeaning language
  • threats, abuse or shouting
  • coercion
  • isolation
  • inappropriate blaming
  • ganging up
  • constant unconstructive criticism

4.3  Sexual harassment

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:

  • comments about a person’s private life or the way they look
  • sexually suggestive behaviour, such as leering or staring
  • brushing up against someone, touching, fondling or hugging
  • sexually suggestive comments or jokes
  • displaying offensive screen savers, photos, calendars or objects
  • repeated unwanted requests to go out
  • requests for sex
  • sexually explicit posts on social networking sites
  • insults or taunts of a sexual nature
  • intrusive questions or statements about a person’s private life
  • sending sexually explicit emails or text messages
  • inappropriate advances on social networking sites
  • accessing sexually explicit internet sites
  • behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

Just because someone does not object to inappropriate behaviour at the time, it does not mean that they are consenting to the behaviour.

A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated.

All incidents of sexual harassment – no matter how large or small or who is involved – require the Australian National Budgerigar Council Inc. and its Affiliates / Associates to respond quickly and appropriately.

The Australian National Budgerigar Council Inc. and its Affiliates / Associates recognise that comments and behaviour that do not offend one person can offend another. This policy requires all members to respect other people’s limits.

4.4  Victimisation

Victimisation is subjecting or threatening to subject someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law.

It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.

Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator.

The Australian National Budgerigar Council Inc. and its Affiliates / Associates have a zero-tolerance approach to victimisation.

4.5  Gossip

It is unacceptable for members of the Australian National Budgerigar Council Inc. and its Affiliates / Associates to talk with other members about any complaint of discrimination or harassment.

Breaching the confidentiality of a formal complaint investigation or inappropriately disclosing personal information obtained is a serious breach of this policy and may lead to expulsion of members from Affiliates / Associates of the Budgerigar Council of Australia Inc.

5.  Authority

The committee of the Australian National Budgerigar Council Inc. sanctioned this Policy on the 4th day of September 2023