Discrimination, Bullying & Harrassment - forms part of the larger document Member Protection Policy 2023

8. Discrimination, Harassment and Bullying

Our club is committed to providing an environment in which people are treated fairly and equitably and that is, as far as practicable, free from all forms of discrimination, harassment and bullying.

We recognise that people may not be able to enjoy themselves or perform at their best if they are treated unfairly, discriminated against, harassed or bullied.

8.1 Discrimination

Unlawful discrimination involves the less favourable treatment of a person on the basis of one or more of the personal characteristics protected by State or Federal anti-discrimination laws.

Discrimination includes both direct and indirect discrimination:

· Direct discrimination occurs if a person treats, or proposes to treat, a person with a protected personal characteristic unfavourably because of that personal characteristic.

· Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice that will disadvantage a person with a protected personal characteristic and that requirement, condition or practice is not reasonable.

For the purpose of determining discrimination, the offender’s awareness and motive are irrelevant.

8.2 Harassment

Harassment is any unwelcome conduct, verbal or physical, that intimidates, offends or humiliates another person and which happens because a person has a certain personal characteristic protected by State or Federal anti-discrimination legislation.

The offensive behaviour does not have to take place a number of times, a single incident can constitute harassment.

Sexual harassment is one type of harassment. Sexual harassment involves unwelcome conduct, remarks or innuendo of a sexual nature. It covers a wide range of behaviours and can be verbal, written, visual or physical. Sexual harassment is not limited to members of the opposite sex.

Every person is covered by the anti-discrimination laws that apply in their State as well as the Federal anti-discrimination laws.

The following is a list of all the personal characteristics that apply throughout Australia:

· gender;

· race, colour, descent, national or ethnic origin, nationality, ethno-religious origin, immigration;

· national extraction or social origin;

· marital status, relationship status, identity of spouse or domestic partner;

· pregnancy, potential pregnancy, breastfeeding;

· family or carer responsibilities, status as a parent or carer;

· age;

· religion, religious beliefs or activities;

· political beliefs or activities;

· lawful sexual activity;

· sexual orientation and gender identity;

· profession, trade, occupation or calling;

· irrelevant criminal record, spent convictions;

· irrelevant medical record;

· member of association or organisation of employees or employers, industrial activity, trade union activity;

· physical features;

· disability, mental or physical impairment;

· defense service; and

· personal association with someone who has, or is assumed to have, any of these personal characteristics.

Legislation also prohibits:

· racial, religious, homosexual, transgender and HIV/AIDS vilification; and

· victimisation resulting from a complaint.

8.3 Bullying

The Westernport Tennis Club is committed to providing an environment that is free from bullying. We understand that bullying has the potential to result in significant negative consequences for an individual’s health and wellbeing, and we regard bullying in all forms as unacceptable at our club.

Bullying is characterised by repeated, unreasonable behaviour directed at a person, or group of persons, that creates a risk to health and safety. Bullying behaviour is that which a reasonable person in the circumstances would expect to victimise, humiliate, undermine, threaten, degrade, offend or intimidate a person. Bullying behaviour can include actions of an individual or group.

Whilst generally characterised by repeated behaviours, one off instances can amount to bullying.

The following types of behaviour, where repeated or occurring as part of a pattern of behaviour, would be considered bullying:

· verbal abuse including shouting, swearing, teasing, making belittling remarks or persistent unjustified criticism;

· excluding or isolating a group or person;

· spreading malicious rumours; or

· psychological harassment such as intimidation.

Bullying includes cyber-bulling which occurs through the use of technology. New technologies and communication tools, such as smart phones and social networking websites, have greatly increased the potential for people to be bullied though unwanted and inappropriate comments. We will not tolerate abusive, discriminatory, intimidating or offensive statements being made online.

If any person believes they are being, or have been, bullied by another person or organisation bound by this policy, he or she may make a complaint. (Refer to Item 10 of this policy.)