Term
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Definition
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Bystander
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A bystander is someone who sees or knows about bullying, harassment, discrimination or victimisation that is happening or has happened to someone else.
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Complaint
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An allegation about an event or action that is perceived to be unfair, unreasonable or unlawful.
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Employee
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Any person employed by the department to work in a state educational facility or corporate support role in a permanent, temporary or casual, or contractual capacity.
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Protected attribute
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The
Anti-Discrimination Act 1991 (Qld) prohibits discrimination on the basis of the following attributes:
- Sex
- Relationship status
- Pregnancy
- Parental status
- Breastfeeding
- Age
- Race
- Impairment
- Religious belief or religious activity
- Political belief or activity
- Trade union activity
- Lawful sexual activity
- Gender identity
- Sexuality
- Family responsibilities.
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Reasonable management action
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Management action is considered reasonable if it is carried out in a lawful, reasonable and impartial way, taking into account the particular circumstances of the matter.
Management action may include, but is not limited to:
- setting reasonable and achievable performance goals, standards and deadlines
- performance appraisals including ongoing meetings to address underperformance
- investigating alleged misconduct
- disciplining, transferring, redeploying or retrenching a worker
- deciding not to permit an employee to return to work due to a medical condition.
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Repeated behaviour
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Refers to the persistent nature of the behaviour and can involve a range of behaviours over time.
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Sexual harassment
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Includes unwelcome sexual advances, requests for sexual favours or other unwelcome conduct of a sexual nature, which could reasonably be expected to make a person feel offended, humiliated or intimidated.
Examples of sexual harassment include, but are not limited to:
- sexually suggestive comments or jokes
- intrusive questions about your private life or physical appearance
- inappropriate staring or leering
- unwelcome hugging, kissing, cornering or other types of inappropriate physical contact
- sexually explicit text messages, images, phone calls or emails.
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Unlawful discrimination
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Occurs when a person is treated less favourably than another person, in the same or not materially different circumstances, on the basis of a protected attribute.
Example: X refuses to employ Y (the less favourable treatment), because of Y’s race (the protected attribute).
There are two types of discrimination on the basis of a protected attribute:
- Direct discrimination
- Indirect discrimination.
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Unreasonable behaviour
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Behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.
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Victimisation
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Victimisation occurs when a detriment is done (or threatened to be done) to a person, because the person or another person associated with, or related to, the first person:
- refused to do something that would contravene the
Anti-Discrimination Act 1991 (Qld); or
- refused to do something that would constitute workplace bullying; or
- has alleged (or intends to make an allegation) about a contravention of the Anti-Discrimination Act 1991 (Qld); or
- has alleged (or intends to make an allegation) about workplace bullying; or
- is, has been, or intends to be involved in a proceeding under the Anti-Discrimination Act 1991 (Qld); or
- the bullying provisions in the
Industrial Relations Act 2016 (Qld).
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Workplace bullying
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Repeated and unreasonable behaviour by an individual or group of individuals that is directed towards a worker, or a group of workers, that creates a risk to health and safety. This includes in person or online.
Examples of workplace bullying, whether in person or online, intentional or unintentional, that may be workplace bullying include, but are not limited to the following:
- abusive, insulting or offensive language or comments
- aggressive and intimidating conduct
- belittling or humiliating comments
- using the internet or social media to harass, bully or intimidate a fellow employee
- practical jokes or initiation
- deliberately excluding someone from work-related activities
- withholding information that is vital for effective work performance
- denying access to information, supervision, consultation or resources to the detriment of the worker
- setting unreasonable deadlines or constantly changing deadlines
- setting tasks that are unreasonably below or beyond a person’s skill level.
NOTE: Workplace bullying was previously referred to as workplace harassment in Queensland, and is generally considered as the same type of unacceptable behaviour.
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