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					   Defence              Plain English Guide

   to       Managing and Reporting

   Unacceptable Behaviour




                                          P       l   a   i   n   E   n   g       l   i   s       h       G   u   i   d   e




Plain English Gu              Plain English Guide
  P     l   a   i   n     E   n   g   l       i       s       h       G       u       i       d       e




   Produced by the Defence Equity Organisation
   as a guide for all Defence personnel
Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




         Defence       Plain English Guide
         to   Managing and Reporting
         Unacceptable Behaviour




         Produced by the Defence Equity Organisation as a
         guide for all Defence personnel
Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                   Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




       Department of Defence 2004
                                                                                                                                         FOREWORD
      This work is copyright. Apart from any use as permitted under the Copyright Act 1968,

      no part may be reproduced by any process without prior written permission from the

      Department of Defence.

                                                                                                        Defence has achieved much in the elimination of harassment, discrimination and other
      Requests and inquiries should be addressed to Director Defence Equity Organisation, 
             unacceptable behaviour from the workplace. The education programs implemented have
      R1-1-C055, Department of Defence, CANBERRA ACT 2600.
                                             benefited all personnel, and fostered better workplace management and behavioural
                                                                                                        practices. The operational capability of the Australian Defence Force has been enhanced
                                                                                                        through the commitment of personnel at all levels to create an organisation that respects
      Sponsor:                                                                                          and values each person.

      Head, Defence Personnel Executive                                                                 By continuing to educate personnel on the management and reporting of unacceptable
                                                                                                        behaviour, we will further grow and achieve an even greater capability. Our goal is to
                                                                                                        ensure that we work in an environment that allows us to achieve our very best.
      Developer and Producer:                                                                           Unacceptable behaviour affects people: it is damaging to self-esteem, health, welfare and
                                                                                                        the ability to perform. It affects the whole organisation, as each person’s contribution is
      Defence Equity Organisation                                                                       essential to the productivity of Defence.

                                                                                                        We all have a role to play in the elimination and proper management of unacceptable
      Publisher:                                                                                        behaviour. This booklet will assist each person in managing and eliminating all forms of
                                                                                                        unacceptable behaviour in their workplace, thereby creating an organisation that is
      Expressions                                                                                       extremely capable of meeting its national and international responsibilities.




                                                                                                        B.L. ADAMS
                                                                                                        Rear Admiral, RAN
                                                                                                        Head, Defence Personnel Executive




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Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                           Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




                                            PREFACE                                                                                            CONTENTS
      All personnel have a basic right to work in an environment free from harassment and                                        Foreword                                                               iii
      discrimination and have an individual responsibility to treat others fairly. General                                       Preface                                                                iv
      harassment, including bullying, and harassment on sexual, racial or disability grounds, is                                 Contents                                                                v
      unlawful. Behaviour of a sexual nature that constitutes a sexual offence is an extremely
      serious matter and is unlawful. Also, there are circumstances when relationships between
                                                                                                                Section One      Unacceptable Behaviour	                                                1
      colleagues may be contrary to the inherent requirements of Defence. Such unacceptable
      behaviour affects an individual’s performance in the workplace, lowers morale and
                                                                                                                Part 1           Equity and Diversity Responsibilities	                                 1
      undermines the operational capability of a workplace.
                                                                                                                                 Defence’s strategic vision of equity and diversity                     1
      This booklet provides guidance to all Defence personnel (Australian Defence Force (ADF)                                    What do equity and diversity mean?                                     1
      members and Defence Australian Public Service (APS) employees) and Defence contracted                                      What are the rights and responsibilities of all Defence                1
      staff on the policy for managing and reporting discrimination, harassment and other                                        personnel and Defence contracted staff?
      unacceptable behaviour in the workplace. It also outlines the procedures involved in                                       What are commanders' and managers' and workplace supervisors’          2
      managing unacceptable behaviour in the workplace.                                                                          responsibilities for equity and diversity?

      Defence is committed to providing an environment free from all forms of unacceptable
                                                                                                                Part 2           Unacceptable Behaviour	                                                3
      behaviour. The Defence policy on this matter is in:
      •	 Defence Instruction (General) Personnel 35-3 – Management and Reporting of                                              What is unacceptable behaviour?                                        3
          Unacceptable Behaviour; and                                                                                            What behaviour is not unacceptable?                                    4
      •	 Defence Instruction (General) Personnel 35-4 – Management and Reporting of Sexual                                       How does unacceptable behaviour affect the work environment?           5
          Offences.                                                                                                              What can I do if I have experienced unacceptable behaviour?            5
                                                                                                                                 What services are available for advice and support?                    5
      Other related policy documents are listed on the Defence Equity Organisation (DEO)
      Internet and Intranet sites. Contact details, including these web sites, are in the ‘Contacts’            Section Two      Management of Unacceptable Behaviour Complaints 7
      section of this booklet.

                                                                                                                Part 1           Unacceptable Behaviour Complaints	                                     7
                                                                                                                                 What is a complaint?                                                   7
                                                                                                                                 Who manages the complaint?                                             7
                                                                                                                                 What do I do if a complaint is made to me?                             7
                                                                                                                                 How is a complaint managed if the people involved are from different   8
                                                                                                                                 employment types?
                                                                                                                                 What about confidentiality?                                            8
                                                                                                                                 Keeping records                                                        8

                                                                                                                Part 2           Resolution of a Complaint	                                             9
                                                                                                                                 What are the options for resolving the complaint?                      9
                                                                                                                                 What is an informal resolution?                                        9
                                                                                                                                 What is a formal resolution?                                           9
                                                                                                                                 Referral of the complaint to the misconduct delegate (Defence          9
                                                                                                                                 APS employees)




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Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                    Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




   Part 3          Inquiry into a Complaint	
                   How is an inquiry to be conducted?
                                                                                         10

                                                                                         10

                                                                                                                                        SECTION ONE
                   Discussion with the complainant
                   Discussion with the respondent
                                                                                         10

                                                                                         11

                                                                                                                          UNACCEPTABLE BEHAVIOUR
                   What support should be offered to the people involved?                11

                   What is a case manager and who appoints them?                         11

                                                                                                         Part 1: Equity and Diversity Responsibilities
                   What if the complainant or respondent is posted, transferred or moved? 11

                                                                                                         Defence’s strategic vision of equity and diversity
   Part 4          Outcome and Ongoing Support	                                          12

                                                                                                         The operational effectiveness and capability of Defence are enhanced by applying the
                   What are the possible outcomes?                                       12
             principles of equity and diversity everyday in the workplace. Basically, all people need to
                   Dissatisfaction with the outcome                                      12
             be dealt with in a fair and inclusive manner to ensure Defence achieves its mission.
                   What happens if the allegation was false or malicious?                12

                   What happens if the allegation was unsubstantiated?                   13
             What do equity and diversity mean?
                   Monitoring the complainant's and respondent's needs                   13

                   Victimisation and recurrence                                          13
             Equity is about fairness. Everyone in Defence should be provided with a fair and safe
                                                                                                         working environment, with access to training and development opportunities, and with the
                   What if a criminal offence occurred?                                  13

                                                                                                         chance for promotion. Equity is about giving everyone the opportunity to use and enhance
                   Repeat offenders                                                      13

                                                                                                         their individual talents and skills for their own improvement and for the advancement of
                                                                                                         the organisation as a whole.
   Part 5          Mandatory Reporting to the DEO	                                       14

                   Reporting of complaints                                               14
             Diversity means inclusiveness. The differences brought to the organisation by people of
                                                                                                         different backgrounds, experiences and perspectives should be valued, respected and
                   Who reports when a person has moved to a different workplace?         15

                                                                                                         utilised. By doing this, the effectiveness and capability of the organisation will grow.
                   Who reports if the people involved are from different workplaces?     15

                   Reporting of incidents likely to attract media attention              15

                                                                                                         What are the rights and responsibilities of all Defence personnel and
                                                                                                         Defence contracted staff?
   Annexes
                   A.	 Legislation                                                       17
             Rights:
                   B.	 Contacts                                                          18
             •	 to work without being subjected to unacceptable behaviour
                                                                                                         •	 to report a complaint of unacceptable behaviour to their commander or manager
                   C.	 Glossary of Terms                                                 19

                                                                                                         •	 to report a complaint that involves their commander or manager, or another member
                   D.	 Defence-funded Support Options for Unacceptable Behaviour         20

                                                                                                             of the chain of command, to the next highest person within the management structure
                       and Sexual Offence Management
                                                    •	 to have a complaint dealt with appropriately
                   E.	 Options for Resolution of Unacceptable Behaviour                  23

                   F.	 Related DEO Publications                                          25
             Responsibilities:
                                                                                                         •	 to treat others fairly
                                                                                                         •	 to provide a work environment free from unacceptable behaviour, and to protect the
                                                                                                            image and reputation of Defence
                                                                                                         •	 to act in a professional manner at all times




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Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                       Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




      What are commanders' and managers' and workplace supervisors’                                         Part 2: Unacceptable Behaviour
      responsibilities for equity and diversity?
                                                                                                            What is unacceptable behaviour?
      Commanders and managers and workplace supervisors are responsible and accountable
      for equity and diversity in their workplace. They must make sure their workplaces are fair            Any behaviour directed toward a person, or a group of people, that might be considered
      and inclusive, and take all appropriate action to prevent and/or eliminate unacceptable               offensive, belittling, abusive, or threatening, is unacceptable behaviour. Unacceptable

      behaviour. They must also respond promptly, seriously and sensitively to allegations of               behaviour in the workplace can badly affect morale, discipline and group cohesion, and

      unacceptable behaviour.                                                                               is not in the interest of Defence. Unacceptable behaviour includes:

      Commanders and managers and workplace supervisors who have contributed to,

      ignored, assisted or encouraged unacceptable behaviour may be held personally liable.                 •   Harassment - unwanted behaviour aimed at a person or a group because of their

      Action may also be taken under the Defence Force Discipline Act (DFDA) 1984 (for ADF                      differences, whether they are real or not. It is behaviour that a reasonable person

      members) and the APS Code of Conduct (for Defence APS employees), or through                              would consider offensive, humiliating, insulting or intimidating.

      administrative action. More information about equity and diversity responsibilities and

      training requirements can be found on the Defence Equity Organisation (DEO) websites                  •   Gender harassment - unwelcome conduct directed at a person or group because of

      at:                                                                                                       their gender. This includes openly discussing views that portray the other gender as
                                                                                                                inferior or subordinate, or using gender-based or sexist terms.
              (Internet)      www.defence.gov.au/equity
              (Intranet)      http://defweb2.cbr.defence.gov.au/dpeequity                                   •	 Sexual harassment - uninvited sexual attention through unwanted sexual advances,
                                                                                                               unwanted requests for sexual favours, or any unwelcome conduct of a sexual nature.
                                                                                                               Sexual harassment can also involve acts not aimed at a particular person, like the
                                                                                                               display of printed materials of a sexual nature that could give offence.

                                                                                                            •	 Workplace Bullying - the persistent pattern of behaviour by a person in the workplace
                                                                                                               that is harmful, intimidating, humiliating or embarrassing, and which is aimed at
                                                                                                               making the complainant feel miserable, demoralised and lacking in self-confidence. It
                                                                                                               is the deliberate desire to hurt, threaten or frighten someone with words or actions.

                                                                                                            •	 Discrimination – treating someone more or less favourably because of some perceived
                                                                                                               or actual characteristic that is not relevant to the job. Direct discrimination judges
                                                                                                               people on stereotypes and perceptions and does not allow them to be judged upon
                                                                                                               their individual merit. Indirect discrimination can occur when a policy or practice,
                                                                                                               which seems to be non-discriminatory has an unfair impact on a person or a
                                                                                                               particular group of people.

                                                                                                            •	 Abuse of Power can involve harassment, discrimination, inappropriate, or unethical
                                                                                                               behaviour by commanders and managers over subordinates. It can include:
                                                                                                               • using subordinate staff to undertake personal tasks
                                                                                                               • ordering subordinate staff to participate in unacceptable behaviour
                                                                                                               •	 encouraging staff to provide sexual favours to gain superior performance reports
                                                                                                                  or desired postings

                                                                                                            •	 Inappropriate Workplace Relationships are relationships in the workplace that give
                                                                                                               the appearance of favouritism, and wear away workplace morale and discipline.
                                                                                                               They can be close and exclusive friendships between personnel of the same or
                                                                                                               opposite sex, and may or may not include sexual relationships. Inappropriate
                                                                                                               workplace relationships can also include dealings between co-workers who show
                                                                                                               a complete disregard for each other, which causes damage to the entire workplace.




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          Basically, any relationship that commanders or managers think might badly affect                     How does unacceptable behaviour affect the work environment?
          operational efficiency, effectiveness or team morale is inappropriate and should be
          dealt with.                                                                                          Unacceptable behaviour may impact negatively on the workplace, causing:
                                                                                                               •	 performance deterioration
          Any intimate behaviour in the workplace is inappropriate, and the following                          •	 reduced job satisfaction
          behaviour is prohibited for all Defence personnel:                                                   •	 lowered morale
          •	 touching another person (no matter who they are), with a part of the body or an                   •	 absenteeism
             object, for the purpose of sexual arousal or gratification. Sex in any of its guises              •	 increased health concerns (including depression, anxiety and/or substance abuse)
             is never appropriate in the workplace                                                             •	 reduced effectiveness and operational capability
          •	 intimacy of a sexual or private nature, or public displays of affection, between
             staff and students at all ADF training establishments and any environment where a                 What can I do if I have experienced unacceptable behaviour?
             staff/student relationship exists
          •	 intimacy of a sexual or private nature, or public displays of affection, between                  If you have experienced unacceptable behaviour, you have three choices:
             students undergoing initial training within the precincts of the institution and                  •	 You can try to resolve the issue through self-resolution
             during any absence from the institution while members are on duty                                 •	 You can make a complaint to a commander or manager
                                                                                                               • You can make a complaint to an external agency
          Of course, displays of affection are acceptable in certain circumstances, such as                    Detailed information about these choices is at annex E to this guide.
          farewelling a loved one who is leaving on deployment.

      •	 Other Unacceptable Behaviour is behaviour that could bring discredit upon Defence                          Remember, it is always best to try to resolve issues at the lowest appropriate level.
         or is likely to affect the discipline of the ADF or adversely affect workplace discipline.

                                                                                                               What services are available for advice and support?
      •	 Sexual Offences are actions that are explicitly sexual in nature and which are carried
         out without the consent of the complainant. Sexual offences are criminal offences.
                                                                                                               Defence has a variety of support options available to people involved in a complaint.
                                                                                                               These include:
      Fuller definitions of what is or is not unacceptable behaviour can be found in DI (G) PERS
                                                                                                               •	 the Defence Equity Adviser Network
      35-3 Management and Reporting of Unacceptable Behaviour.
                                                                                                               •	 the Defence Equity Advice Lines
                                                                                                               •	 the Sexual Offence Management Guide
      Further guidance on what is a sexual offence and how to manage such a situation is in DI
                                                                                                               •	 Defence legal, medical and pastoral support
      (G) PERS 35-4 Management and Reporting of Sexual Offences and in the Sexual Offence
                                                                                                               •	 the Defence Community Organisation
      Management Guide.
                                                                                                               • the Complaints Resolution Agency
                                                                                                               Annex D to this guide provides full details of the Defence-funded support options.
      What behaviour is not unacceptable?

      Comments and actions from commanders, managers and supervisors that are designed to
      improve work performance or conduct are not unacceptable behaviour. If done in an
      appropriate manner, it cannot be called harassment. However, if the comments and
      actions are offensive, abusive, threatening or bullying this is unacceptable.

      A Guide to Fair Leadership and Discipline in the Australian Defence Force explains the
      commonly held misconceptions about equity and harassment issues, and good conduct
      and discipline in the workplace.




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                                                                                                                       SECTION TWO
                                                                                                  MANAGEMENT OF UNACCEPTABLE
                                                                                                     BEHAVIOUR COMPLAINTS
                                                                                        Part 1: Unacceptable Behaviour Complaints
                                                                                        It is important to try to resolve all complaints of unacceptable behaviour at the lowest
                                                                                        appropriate level. The best outcome is for good workplace relations to be restored without
                                                                                        the need for formal action.

                                                                                        What is a complaint?

                                                                                        When a complainant, or another person, advises a commander or manager about an
                                                                                        incident of unacceptable behaviour, it is a complaint. A complaint of unacceptable
                                                                                        behaviour can be anonymous, and can be submitted in writing or verbally.
                                                                                        If a commander or manager observes or detects an incident of unacceptable behaviour, it
                                                                                        must be managed as a complaint of unacceptable behaviour.

                                                                                        Who manages the complaint?

                                                                                        The respondent's commander or manager is to manage the complaint of unacceptable
                                                                                        behaviour.

                                                                                        What do I do if a complaint is made to me?

                                                                                        If a commander or manager believes that someone is about to make a complaint of
                                                                                        unacceptable behaviour to them, the complainant should be informed immediately that the
                                                                                        complaint must be dealt with. A commander or manager must act on all complaints
                                                                                        received within three weeks of a complaint being lodged.
                                                                                        Commanders and managers are to:

                                                                                        1.	 Conduct a quick assessment. This can be anything from questioning the people
                                                                                            involved and keeping a record of the interviews to using the format in Chapter 2 of
                                                                                            ADFP 06.1.4 – Administrative Inquiries Manual as a guide. Assess the matter to see if
                                                                                            it can be resolved informally. When doing this, you need to consider the following
                                                                                            factors:
                                                                                            •	 the wishes of the complainant
                                                                                            •	 the seriousness of the allegation
                                                                                            •	 procedural fairness
                                                                                            •	 discipline and morale
                                                                                            •	 resources available
                                                                                        2.	 Provide advice and support to the complainant, respondent and witnesses as
                                                                                            required, and consider appointing a case manager.



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Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                           Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




      3.	 If necessary, conduct a formal inquiry into the complaint.                                            Part 2: Resolution of a Complaint
      4.	 Determine and implement resolution.
      5.	 Provide ongoing support after the complaint has been resolved, as required.                           What are the options for resolving the complaint?
      6.	 Report the complaint to the DEO.
                                                                                                                Complaints can be resolved by informal and formal means within Defence. Also,
      How is a complaint managed if the people involved are from
                                               complainants can take their complaint to external organisations such as the Human Rights
      different employment types?
                                                                              and Equal Opportunity Commission (HREOC), the Defence Force Ombudsman and the
                                                                                                                state or territory police. Options for resolution are detailed at annex E to this guide.
      •	 ADF members and Defence APS employees
         •	 Commanders and managers should firstly put a stop to the behaviour and then                         Resolution of the complaint means that appropriate action has been taken and that the
              determine the facts, regardless of the employment type of the complainant and                     complaint has been dealt with efficiently, effectively and with sensitivity. It does not always
              respondent.                                                                                       mean that the complainant or respondent is satisfied with the result.
          •	 Commanders and managers can try to resolve a complaint informally, regardless
              of the employment type of the complainant and respondent.                                         What is an informal resolution?
          •	 If a formal investigation is necessary, it must be conducted in accordance with the
              employment type of the respondent. The matter should be referred to the                           After receiving a complaint, the commander or manager is to assess whether or not
              respondent's commander or manager, or their delegate.                                             informal resolution is suitable. If appropriate, the commander or manager can
      •	 Defence contracted staff                                                                               recommend that the complainant try self-resolution. Alternatively, the commander or
          •	 If the complainant is a Defence contracted staff member and the respondent is an                   manager can informally counsel the people involved. Another option is for the
              ADF member or a Defence APS employee, the respondent's commander or                               commander or manager to arrange alternative dispute resolution, bearing in mind that
              manager is to manage the complaint.                                                               participation is voluntary.
          •	 If an ADF member or Defence APS employee is the complainant, and the
              respondent is a Defence contracted staff member, the Defence contract manager is                  With informal resolution, the complaint is to be reported to the DEO but no names are
              to manage the complaint, acting in accordance with the terms of the contract and                  recorded, and nothing is placed on the complainant's or respondent’s personal file.
              the principles of contract law.
          •	 If the complainant and the respondent are both Defence contracted staff members,                   What is a formal resolution?
              then the complaint should be managed in accordance with the terms of the
              contract and the principles of contract law.                                                      Formal resolution occurs when the complaint is too serious or too complex for it to be
                                                                                                                resolved informally or when informal resolution has failed. The commander or manager
      What about confidentiality?                                                                               may decide to conduct a formal inquiry into the complaint.


      It is important that the complaint be kept as confidential as possible to protect the right to            The complaint is to be reported to the DEO. Names and details are fully recorded on the
      privacy of everyone involved. The commander or manager is to take all reasonable steps                    DEO ‘Restricted Access’ database only after a complaint has been substantiated and
      to prevent and discourage improper talk and gossip about the complaint. Gossip can                        formal action taken against the respondent.
      divide the workplace if other workplace members learn of the complaint and then side
      with either the complainant or respondent.                                                                Referral of the complaint to the misconduct delegate (Defence APS
                                                                                                                employees)
      Keeping records                                                                                           If the respondent is a Defence APS employee, and it seems they may have behaved
                                                                                                                unacceptably, the matter is to be passed to the regional Defence misconduct delegate for
      The commander or manager must maintain a unit file relating to the complaint. Adequate
                                                                                                                further action. The complaint is to be examined and the respondent is to be given the
      records must be maintained of the initial complaint, the investigation and any action
                                                                                                                opportunity to make a submission to the delegate. The delegate must decide whether the
      taken. Be sure that conversations and interviews are recorded accurately.
                                                                                                                respondent has exhibited unacceptable behaviour, and if the APS Code of Conduct has
                                                                                                                been breached.
      Once the complaint is finalised, the records are not to be destroyed but are to be

      maintained in accordance with DI (G) PERS 35-3 and POLMAN 3 - Defence Archives

      Policy Manual. Only those people with a need to know, for the purpose of dealing with

      the complaint, are allowed access to records about the complaint.




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Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                         Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




      Part 3: Inquiry into a Complaint
                                                                                                              Discussion with the respondent
      How is an inquiry to be conducted?                                                                      As soon as possible after a complaint is made, the commander or manager must advise the
                                                                                                              respondent of the substance of the complaint being made against them, the name of the
      Investigating a complaint will vary from case to case, depending upon the employment
                   complainant, the investigation process and the reporting requirements. There is no
      types of the complainant and respondent.
                                                               requirement to give a copy of the complaint to the respondent.

      If a Defence APS employee is the respondent and is suspected of breaching the APS Code                  However, if the complaint is about a sexual offence, the commander or manager is not to
      of Conduct, commanders and managers must decide whether it can be dealt with locally, or                advise the respondent that they are being investigated until the Defence Investigative
      if it needs to be forwarded to a Defence misconduct delegate for further consideration. A               Authority or the state or territory police do so. Commanders and managers should seek
      quick assessment of the situation should be used to help make this decision. The Australian             legal advice if they are unsure of the timings or protocols for advising the respondent about
      Public Service Commission (APSC) Handbook 2 Managing Breaches of the APS Code of                        a complaint.
      Conduct gives advice on what should be considered when managing suspected breaches of
      the APS Code of Conduct.                                                                                The respondent is to be given the opportunity to reply to the complaint and be advised of
                                                                                                              the outcome of the inquiry.
      If an ADF member is the respondent, it is mandatory to conduct a quick assessment in

      accordance with ADFP 06.1.4 - Administrative Inquiries Manual before taking any further

                                                                                                              What support should be offered to the people involved?
      action. 

                                                                                                              When managing a complaint, commanders and managers are to provide support to
      If a Defence contracted staff member is the respondent, the inquiry is to be conducted by

                                                                                                              everyone involved (complainants, respondents and witnesses) as soon as they become
      the Defence contract manager under the terms and conditions of the contract and in

                                                                                                              aware of the complaint. This is called crisis intervention. Continuing support is to be
      consultation with DI (G) PERS 35-3.

                                                                                                              provided throughout the inquiry and resolution processes, and long term if necessary.

      Everyone involved in a complaint must be kept informed of progress of the complaint on a
                                                                                                              The support available can vary depending on whether the person requiring support is an
      monthly basis until the complaint is finalised.
                                                                                                              ADF member, Defence APS employee, a Defence contracted staff member, a dependant of
                                                                                                              an ADF member or a member of the public. To assist commanders and managers, annex D
      Discussion with the complainant                                                                         to this guide details what Defence-funded support services can be offered.

      As soon as possible after the complaint is made, and certainly within three weeks, the
                                                                                                              What is a case manager and who appoints them?
      commander or manager should talk with the complainant about the different ways that the
      complaint may be resolved, and the need to investigate and report the complaint.
                                                                                                              Commanders and managers can appoint a case manager to assist the complainant and the
                                                                                                              respondent. A case manager does not manage or investigate the complaint. Their role is
      The complainant is to be told that any inquiry will involve the respondent being informed of
                                                                                                              to ensure the complainant and respondent are kept informed of progress and to make sure
      the substance of the complaint and the identity of the complainant. Not to do so would be a
                                                                                                              they have the support they need. Case managers should not be linked to a specific unit
      denial of natural justice to the respondent.
                                                                                                              position and should be someone who can act with sensitivity and discretion.

      Although the complainant's wishes help determine how the complaint is to be inquired into
      and resolved, it is the commander’s or manager's responsibility to decide the best way to
                                                                                                              What if the complainant or the respondent is posted, transferred or
      proceed. If the complainant does not want the matter to be investigated, this is to be                  moved?
      recorded on Form OC97 - Record of Conversation, and signed by the complainant.
                                                                                                              If the complainant or respondent has moved, been transferred or posted from the workplace
      The complainant must not be pressured into seeking informal resolution, such as mediation               where the incident occurred, the responsibility for the inquiry remains with that original
      or an apology.                                                                                          workplace. Ongoing support requirements are to be passed on to the new workplace.




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Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                         Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




      Part 4: Outcome and Ongoing Support                                                                     What happens if the allegation was unsubstantiated?

                                                                                                              If insufficient evidence is available to substantiate a complaint of unacceptable behaviour,
      What are the possible outcomes?                                                                         formal action cannot be taken. However, the complainant and the respondent are to be
                                                                                                              provided with counselling and support strategies.
      Informal outcomes include:
      •	 apology
      •	 mediated or conciliated agreement
                                                                                                              Monitoring the complainant's and respondent’s needs
      •	 counselling
                                                                                                              The complainant and respondent may need help in returning to normal after a complaint is
      •	 training
                                                                                                              resolved. Commanders and managers must keep an eye on the people in the workplace
                                                                                                              and, if necessary, provide further support.
      Formal outcomes include:
      •	 formal action (that is, administrative or disciplinary action for ADF members or
          sanctions for Defence APS employees, or formal action as spelt out in the contract for              Victimisation and recurrence
          Defence contracted staff members)                                                                   As part of resolving a complaint, steps must be put in place to make sure that there
      •	 criminal conviction                                                                                  is no repeat of the behaviour and that no one involved in the complaint is victimised.
                                                                                                              Commanders and managers are to monitor the workplace to be sure that neither occurs.
      Dissatisfaction with the outcome                                                                        If a commander or manager becomes aware of any recurrence of the behaviour or
                                                                                                              victimisation, they should immediately intervene to put a stop to it.
      If an ADF member is dissatisfied with the outcome or handling of a complaint, they may
      request a review of a decision, or to see the material used to make that decision. If the
      information sought is not provided, or if it does not satisfy the member, they can lodge an             What if a criminal offence occurred?
      application for Redress of Grievance (ROG). Further information about ROGs is contained
      in DI (G) PERS 34-1 Redress of Grievance – Tri-Service Procedures.                                      When conducting a quick assessment, if it appears the complaint might relate to a criminal
                                                                                                              offence, immediately stop the quick assessment and refer the matter to the Service or state
      If a Defence APS employee is dissatisfied with the outcome or handling of a complaint, they             or territory police. Any investigation of complaints that appear to relate to a criminal
      can seek a ‘review of actions’. Further information about reviews of actions is found in the            offence must follow the procedures set out in DI (G) ADMIN 45-2 Reporting and
      Defence Workplace Relations Manual.                                                                     Investigation of Alleged Offences within the Australian Defence Organisation.
      If a Defence contracted staff member is dissatisfied with the outcome or handling of a
                                                                                                              Once the police investigation is completed, the commander, manager or Defence delegate
      complaint, they can express their concerns to the Defence contract manager. If the staff
                                                                                                              should examine any unacceptable behaviour aspects of the complaint and report them to
      member works directly for a contractor, they should take their inquiries to the Human
                                                                                                              the DEO.
      Resources area of the contractor’s company.

      What happens if the allegation was false or malicious?                                                  Repeat offenders

      If anyone gives false or malicious information to an inquiry that is conducted under the                Anyone who has more than one complaint of unacceptable behaviour proven against them
      Defence (Inquiry) Regulations, the DFDA or the APS Code of Conduct they could face                      resulting in a formal outcome is considered a repeat offender. Reporting of complaints to the
      disciplinary action. Everyone involved in a complaint of unacceptable behaviour is required             DEO will ensure that repeat offenders are not concealed through postings, transfers and
      to be honest and accurate in their evidence.                                                            promotions.

      For further guidance, commanders or managers should consult:                                            If an ADF member is found to have behaved unacceptably in three separate complaints,
      •	 ADFP 06.1.4 for ADF members                                                                          they may be required to show cause as to why their service in the ADF should not be
      •	 the Australian Public Service Commission Handbook (2) Managing Breaches of the APS                   terminated. Depending on the seriousness of the unacceptable behaviour, this can also be
          Code of Conduct for Defence APS employees                                                           the case for an ADF member who has committed one or two offences.
      •	 the Defence contract manager for Defence contracted staff

      Be aware that a complaint that is unable to be substantiated does not mean that it was false
      or malicious.




                                                       12                                                                                                13
Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                         Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




      Part 5: Mandatory Reporting to the DEO
                                                                                                              Commanders and managers are to report allegations of sexual offences as soon as they are known
                                                                                                              to have occurred, as detailed in DI (G) ADMIN 45-2 Reporting and Investigation of Alleged
      Reporting of complaints
                                                                                                              Offences within the Australian Defence Organisation. The commander or manager of the workplace
                                                                                                              involved is responsible for reporting sexual offences to the DEO. For sexual offences involving
      Any complaints of unacceptable behaviour are to be reported to the DEO, where

                                                                                                              Defence APS employees, reporting to the DEO is required only if the incident occurred in the
      information is placed on a 'Restricted Access' database. This information is used only for

                                                                                                              workplace. (See the Glossary for a definition of 'workplace'.)
      compiling ministerial briefings and analysing statistical trends.


      •	 Initial Complaint Reports: After receiving a complaint of unacceptable behaviour or a                Who reports when a person has moved to a different workplace?
         sexual offence, a Form AC875-1 Initial Complaint Report - Unacceptable Behaviour or                  If the complainant or respondent has been moved or posted from the workplace where the incident
         Sexual Offence is to be completed by the respondent’s commander or manager.                          occurred, the responsibility for managing and reporting the complaint remains with the workplace
                                                                                                              where the complaint was made.
          A single incident involving a number of complaints or a single incident with a number
          of respondents is to be reported as a single complaint. When an incident, or series of
          incidents, involves a number of complaints, and there is doubt about how to report the              Who reports if the people involved are from different workplaces?
          incident(s), one report for each incident based on the incident date is to be submitted.
          Names of people involved are not to be provided on the form AC875-1.                                If an incident occurs that involves members from more than one workplace location, the commander
                                                                                                              or manager of both the complainant(s) and respondent(s) is to be informed of the incident when the
      •	 Update Reports: Update reports are to be sent to the DEO each month until the                        complaint is made. They are to be provided with monthly updates, or periodically as agreed with
         complaint is resolved, using Form AC875-2 Update Report – Unacceptable Behaviour                     the DEO, and advised when the outcome is determined.
         or Sexual Offence. The serial number used in an update report is the same as that used
         in the initial complaint report.                                                                     The respondent’s workplace is responsible for reporting the incident to the DEO, except when the
      .
                                                                                                      incident occurs where the people involved are temporarily under the command of another area, for
         If one of the people involved in the complaint is moved or posted from where the
                    example, whilst on course at a training facility or on overseas deployment.
         complaint was made, the appointing authority for the inquiry is to inform the new

         command or management chain of the status of the inquiry.
                                           Reporting of incidents likely to attract media attention
      •	 Final Outcome and Formal Action Report: When a complaint is finalised, page two of                   Incidents that are likely to attract media comment or create adverse publicity must be reported in line
         Form AC875-3 Final Outcome and Formal Action Report - Unacceptable Behaviour or                      with Service requirements. An information copy of this report is to be passed to the DEO.
         Sexual Offence is to be completed and forwarded to the DEO. The commander or
         manager is to inform the complainant and respondent of the final outcome of the
         complaint.

          If a complaint is substantiated, any formal action taken is to be reported to the DEO
          using page three of Form AC875-3 Final Outcome and Formal Action Report ­
          Unacceptable Behaviour or Sexual Offence.

      •	 Record of Complainant's Wish not to Officially Report a Sexual Offence to the Police:
         When a complainant indicates that they do not wish to report a sexual offence to the
         police, a Form AC875-4 Record of Complainant’s Wish Not to Officially Report a
         Sexual Offence to the Police is to be completed and distributed as indicated on the
         form.

      DI (G) PERS 35-3 Management and Reporting of Unacceptable Behaviour and DI (G) PERS
      35-4 Management and Reporting of Sexual Offences provide detailed guidance for
      completing unacceptable behaviour incident reports.




                                                       14                                                                                                15
Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour   Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




                                                                                                                                                                       ANNEX A
                                                                                                                            LEGISLATION
                                                                                        Public Service Act 1999
                                                                                        Section 10(l) of the Public Service Act 1999 sets out the APS Values and these have been
                                                                                        amplified in the Public Service Commissioner’s Directions. In the Act, workplace harassment
                                                                                        is prohibited by the Code of Conduct, which states; “An APS employee, when acting in the
                                                                                        course of APS employment, must treat everyone with respect and courtesy, and without
                                                                                        harassment”. The Act and the Public Service Commissioner’s Directions provide for Special
                                                                                        Measures that allow for special programs to encourage the appointment to the APS of
                                                                                        members of designated groups.

                                                                                        Racial Discrimination Act 1975
                                                                                        The Racial Discrimination Act 1975 states that it is unlawful for a person to undertake any
                                                                                        act involving a distinction, exclusion, restriction or preference based on the grounds of race,
                                                                                        colour, or national or ethnic origin.

                                                                                        Sex Discrimination Act 1984
                                                                                        The Sex Discrimination Act 1984 makes unlawful both sexual harassment and
                                                                                        discrimination on the grounds of a person’s sex, marital status, pregnancy or potential
                                                                                        pregnancy or family responsibilities.

                                                                                        Human Rights and Equal Opportunity Commission Act 1986
                                                                                        The Human Rights and Equal Opportunity Commission Act 1986 defines discrimination as
                                                                                        any distinction, exclusion or preference that impairs equality of opportunity or treatment in
                                                                                        employment on the basis of race, colour, sex (includes marital status), mental, intellectual or
                                                                                        psychiatric disability, nationality, religion, political opinion, national extraction, social origin,
                                                                                        age, medical record, criminal record, sexual preference or trade union activity.

                                                                                        Occupational Health and Safety (Commonwealth Employment) Act 1991
                                                                                        The Occupational Health and Safety (Commonwealth Employment) Act 1991 places an
                                                                                        obligation on all employers and employees to maintain a secure, healthy and safe
                                                                                        workplace. An employer has a duty of care to take practical precautions to prevent
                                                                                        workplace harassment and to deal promptly and effectively with any complaint of
                                                                                        harassment.

                                                                                        Disability Discrimination Act 1992
                                                                                        The Disability Discrimination Act 1992 states that it is unlawful for a person to discriminate
                                                                                        or harass another person in relation to a disability – mental or physical, including a
                                                                                        disease. The Act recognises that the requirements of employment are more stringent in the
                                                                                        ADF than those in other areas of Commonwealth employment.

                                                                                        Workplace Relations Act 1996
                                                                                        The Workplace Relations Act 1996 prohibits discrimination on the basis of race, colour, sex,
                                                                                        sexual preference, age, physical or mental disability, marital status, family responsibilities,
                                                                                        pregnancy, religion, political opinion, national extraction or social origin.


                                     16                                                                                               17
Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour                            Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




                                                                                  ANNEX B                                                                                         ANNEX C
                                          CONTACTS                                                                                       GLOSSARY OF TERMS
      Defence Equity Organisation	                                                 (02) 6265 3303
      The Defence Equity Organisation’s Internet and Intranet sites include a listing of all relevant            Complainant	                 A complainant is a person who may have been
      instructions and publications.                                                                                                          subjected to some form of unacceptable behaviour,
                                                                                                                                              even if a written or verbal complaint has not been
      Internet:	                                                      www.defence.gov.au/equity/                                              made.

      Intranet:	                                   http://defweb2.cbr.defence.gov.au/dpeequity/
                                                                                                                 Complaint	                   A complaint of unacceptable behaviour is broadly
                                                                                                                                              defined as the disclosure by the complainant or
      Defence Equity Advice Lines	                                                  1800 626 254                                              any other person (anonymously or otherwise) to
                                                                                    1800 644 247                                              a commander or manager, in writing or verbally,
                                                                                    1800 803 831                                              of an incident of unacceptable behaviour. It is also
      International Line                                       (international code) 800 33336231                                              considered a complaint if a commander or manager
      e-mail                                                          equityadvice@defence.gov.au                                             observes or detects an incident of unacceptable
                                                                                                                                              behaviour.

      Complaints Resolution Agency                                                (02) 6266 8259
      e-mail                                                  complaint.resolution@defence.gov.au                Defence contracted staff	    Personnel employed under a specified contract with
                                                                                                                                              Defence.

      Merit Protection Commissioner                                     ACT        (02)   6272   3254
                                                                       NSW         (02)   9286   2400            Defence personnel	           Australian Defence Force (ADF) members and
                                                                     Vic/Tas       (03)   9653   5222                                         Defence Australian Public Service (APS) employees.
                                                                        Qld        (07)   3236   4877
                                                                        WA         (08)   9226   1977
                                                                     SA/NT         (08)   8224   0955            Respondent	                  A respondent, in relation to a complaint, means the
                                                                                                                                              person or persons against whom the complaint is
                                                                                                                                              made.
      Human Rights & Equal                                       Complaints          1300 656 419
      Opportunity Commission                                        Privacy          1300 363 992
                                                                                                                 Workplace	                   The workplace includes HMA ships (all vessels,
                                                                                                                                              including commissioned seagoing vessels and
      Defence Force Ombudsman	                                                       1300 362 072                                             submarines), vehicles, aircraft and Defence
                                                                                                                                              establishments, business workplaces, units, facilities,
      Directorate of Alternative Dispute Resolution                                (02) 6265 1524                                             accommodation and any other location which an
      and Conflict Management (DADRCM)                                                                                                        ADF member, Defence APS employee or Defence
                                                                                                                                              contracted staff member attends for the purpose of
                                                                                                                                              carrying out their work. This definition includes
      Defence Whistleblower Scheme	                                                  1800 673 502                                             deployments, military exercises and operational
                                                                                                                                              environments. It also applies to unacceptable
                                                                                                                                              behaviour that occurs outside the workplace where
      Inspector General ADF	                                                         1800 688 042                                             the behaviour has a Service nexus or affects the
                                                                                                                                              workplace.




                                                         18                                                                                       19
                                                                                                                                                             ANNEX D
            DEFENCE-FUNDED SUPPORT OPTIONS FOR UNACCEPTABLE BEHAVIOUR and
                            SEXUAL OFFENCE MANAGEMENT
     Commanders and managers must maintain an environment where complainants, respondents and witnesses are confident that they can access a range of support
     services. Complainants, respondents and witnesses to incidents of any form of unacceptable behaviour must be provided with all practicable and reasonable support.
     There are several elements of Defence-funded support options that can be offered to complainants, respondents and witnesses. Some support strategies may be long
     term.

                                                       Key: Y = Yes A = At commander/manager’s discretion N = Not available

                                                   DEFENCE-FUNDED SUPPORT OPTION                                                               ADF        Defence   Defence
                                                                                                                                             Personnel     APS     Contracted
                                                                                                                                                         Employees   Staff

       EQUITY ADVISER
       The complainant and respondent should each be encouraged to seek advice and support from an Equity Adviser, but not the




20
       same Equity Adviser. Equity Advisers are available to provide all employees with support, information and options for the
       resolution of workplace equity and diversity issues, however, they are unable to advise more than one party in a dispute. They
       are not able to mediate, or become involved in an investigation or resolution of a complaint that concerns employees that they
       have advised. Detailed information regarding the operation of, and selection of members for, the Defence Equity Adviser Network
                                                                                                                                              Y Y Y
       is outlined in DI (G) PERS 35-7 Defence Equity Adviser Network.

       DEFENCE EQUITY ADVICE LINE
       The Defence Equity Advice Lines (DEAL) are confidential, toll-free telephone lines available for Defence APS employees, ADF
       members and Defence contractors who consider that they have been subjected to, accused of, or witness to any form of
       unacceptable behaviour. The Lines are also available to commanders, managers and Equity Advisers. Callers are given
       information about their rights and avenues available for further action.

       The telephone numbers are: 1800 644 247, 1800 803 831, 1800 626 254, and + 800 3333 6231 (International Access).                       Y Y Y
       The DEAL is available seven days a week (including public holidays, except Christmas Day) between 0830 and 2100 hours
       (Eastern Standard Time). All after hours calls are diverted to a message bank where confidential messages can be left. If a contact
       telephone number is left, a DEAL operator will respond within 12 hours.

                                                                                                                                                                  continued...
                                                                                                                                                                                 Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




     ...continued

                                                   DEFENCE-FUNDED SUPPORT OPTION                                                               ADF        Defence   Defence
                                                                                                                                             Personnel     APS     Contracted
                                                                                                                                                         Employees   Staff

      SEXUAL OFFENCE MANAGEMENT GUIDE
      The Sexual Offence Management Guide (SOMG) provides information for all parties involved in a sexual offence complaint.
      Specifically, the SOMG details the effects of sexual offences, emotional reactions, coping mechanisms, incident management and
      support services available in the community. It also provides an immediate management checklist and a counselling checklist to
      assist commanders and managers in determining the counselling requirements of the complainant.
                                                                                                                                              Y          Y           Y
      PROFESSIONAL COUNSELLING
      Where appropriate, the complainant, respondent and witnesses may be provided with at least one session of counselling by a
      qualified person. The type of counselling is to match the severity of the incident and its impact on the person. The Employee
      Assistance Program is available for Defence APS employees by contacting the local Field Case Management staff for details.
                                                                                                                                              A          A           N
      DEFENCE COMMUNITY ORGANISATION
      The DCO provides a comprehensive range of services that enhance the well being of ADF personnel and their families. These
      services include social work, family liaison, educational liaison, locality information, information resources (FIND), assistance to
      families with special needs, spouse employment assistance, childcare and community related programs including projects and              Y          N           N
21




      research. Detailed information and contact details are available on the DCO Website at www.dco.dod.gov.au

      DEFENCE LEGAL SUPPORT
      The complainant and respondent should be advised that they may seek legal advice, from separate legal officers. The respondent
      is not to consult the legal officer responsible for providing advice to the commander or manager managing the complaint.                Y          N           N
      DEFENCE CHAPLAINS
      Defence Chaplains can provide pastoral care and support to ADF personnel who are complainants, respondents, and witnesses,
      and their families. In addition, they are able to refer members to civilian church agencies and support groups.                         Y          N           N
      PEER SUPPORT
      The complainant, respondent and any witnesses may be provided with moral and social support during the course of the inquiry
      and judicial proceedings, and after the incident has been resolved, until they are confident that they can again contribute
      effectively to the workplace.                                                                                                           Y          Y           Y
      LEAVE
      It may be appropriate for the complainant and respondent to rehabilitate prior to returning to the workplace. Leave regulations
      contained in ADF Pay and Conditions Manual Volume 2 Chapter 8 for ADF members and the Defence Employee Certified
      Agreement (DECA) for Defence APS employees, should be consulted to ascertain eligibility.                                               A          A           A
      DEFENCE MEDICAL SUPPORT
      Where appropriate, the complainant should be referred to the medical centre for consultation as soon as possible (transport may
      need to be provided).
                                                                                                                                                                                 Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




                                                                                                                                              Y          N           N
                                                                                                                                                                  continued...
     ...continued

                                                 DEFENCE-FUNDED SUPPORT OPTION                                                                         ADF        Defence   Defence
                                                                                                                                                     Personnel     APS     Contracted
                                                                                                                                                                 Employees   Staff

     ASSESSMENT OF THE WORKPLACE
     A complainant may feel unsafe as a result of the unacceptable behaviour. Where practicable, the complainant’s working and, for
     ADF members, living environments (accommodation blocks, mess decks, dining and recreational areas on Commonwealth
     property) are to be examined to ensure that no reminders of the incident remain, and that they are not left in a situation where
     they feel unsafe.
                                                                                                                                                      A A A
     TEMPORARY TRANSFER
     When contemplating the transfer of personnel, the commander or manager is to consider:
     a. the person’s ability to cope whilst remaining where the incident occurred;
     b. family and personal circumstances;
     c. possible local posting alternatives;
     d. the availability of counselling and support networks;
     e. the effect of any reassignment on the investigation;
     f. any bail conditions;
     g. the effect on the career of the person reassigned; and
     h. the operational efficiency of the workplace.
                                                                                                                                                       Y A N




22
     For Defence APS employees refer to the provisions of the Defence Workplace Relations Manual (DRB 19).
     If the commander or manager decides that a transfer is appropriate, the person to be transferred is to be notified and provided
     with an opportunity to discuss the transfer, in particular any objections, and the proposed management of the transfer.
     If the person(s) involved are not moved, the workplace is to be monitored to ensure that the complainant, respondent and any
     witnesses are treated fairly and are made comfortable in the workplace. The commander or manager is to take reasonable steps
     to ensure that there is no victimisation or retribution during the course of any investigation or prosecution and beyond.

     REDRESS OF GRIEVANCE AND THE COMPLAINTS RESOLUTION AGENCY
     The Complaints Resolution Agency (CRA) is tasked with ensuring independence in the investigation, review and handling of
     complaints. In addition to providing advice on complaint handling, the CRA conducts an administrative review of redresses of
     grievance (ROG) referred by ADF members for consideration by CDF and the Service Chiefs, or their delegates. The CRA also
     monitors the progress of ROGs at workplace level. Further information on the CRA and ROG matters can be obtained from DI                          Y NN
     (G) PERS 34-1 or from the CRA website (http://defweb.cbr.defence.gov.au/dpecra/).

     REVIEW OF ACTION
     Should a Defence APS employee be dissatisfied with the outcome or handling of a complaint, the employee is entitled to seek a
     review of action. The review of action is to be conducted in accordance with DRB 19. Reviews of action concerning allegations of
     discrimination and harassment, including sexual harassment, should be lodged in the first instance with the department.                         N Y N
                                                                                                                                                                                            Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




                                                                                                                                                                     ANNEX E
                           OPTIONS FOR RESOLUTION OF UNACCEPTABLE BEHAVIOUR
           Option                  Description                                                                           Action

       Self-Resolution by Complainant

        Self-Resolution    Complainant resolves the        Complainant to be provided with advice on how to approach the respondent.
                           situation for themselves        Using the "I" statement the complainant privately addresses their feelings with the respondent.

       Supported Self-     Complainant resolves the        Complainant may not feel comfortable in approaching the respondent without support of a third party. The third party does not
         Resolution        situation for themselves with   speak on behalf of, or become involved in the discussion between complainant and respondent but is present for moral support.
                           a third party there for         The respondent may also have a third party present.
                           support
23




       Make a Complaint

     Submit a complaint    A complaint of                  Commander or manager to conduct a quick assessment to determine what has happened and then determine whether the matter
     to a commander or     unacceptable behaviour is       can be resolved through informal means or if a formal inquiry is required. Refer DI (G) PERS 35-3 - Management and Reporting
     manager               the disclosure of any           of Unacceptable Behaviour.
                           unacceptable behaviour to       Informal Resolution - After receiving a complaint, the commander or manager is to assess whether or not informal resolution is
                           a commander or manager          suitable (best for low-level issues where disciplinary or administrative action is not required).
                           through any means: verbal,      If appropriate, the commander or manager can recommend that the complainant try self-resolution. Alternatively, the commander
                           written or observed             or manager can informally counsel the people involved or conduct staff training. Another option is for the commander or
                                                           manager to arrange Alternative Dispute Resolution (ADR), bearing in mind that participation is voluntary. Contact DADRCM by
                           (Any ADF member, Defence        phoning 02 6265 2050. ADR includes:
     (Any ADF member,      APS employee, Defence           • Mediation - both complainant and respondent agree to undertake a mediation session. An accredited mediator facilitates
     Defence APS           contracted staff or member           discussion between parties to a complaint to achieve resolution of the complaint.
     employee, Defence     of a foreign defence force      • Workplace Conferencing - A qualified conferencing facilitator conducts formal meeting of those affected by conflict, to
     contracted staff or   can make a complaint)                discuss the situation and its causes, and decide how best to repair the harm and minimise the likelihood of recurrence.
     member of a foreign                                   • Conciliation – is undertaken with the complainant and respondent both being present. A suitable person is appointed to
     defence force can                                          facilitate discussion between parties to a complaint and may become involved in discussion to achieve a resolution.
     make a complaint)                                     Formal Resolution – Conduct an inquiry. Following an inquiry, the commander or manager is to decide on the appropriate
                                                           manner of resolution, which may be formal or informal. Refer to the Administrative Inquiries Manual, ADFP06.1.4 or the Defence
                                                           Workplace Relations Manual, DRB19 for guidance.
                                                                                                                                                                                            Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




                                                                                                                                                                          continued...
     ...continued

           Option                Description                                                                                                                                                                                                                                                                                                                                                                   Action

       Dissatisfaction    Submit a Redress of          Redress of Grievance – ADF member lodges a written complaint through the chain of command. Refer DI (G) PERS 34-1 ­
       with complaint     Grievance (ADF member)       Redress of Grievance – Tri-Service Procedures.
          outcome         or a Review of Actions       Review of Actions – Defence APS employee lodges Review of Actions grievance to the Delegate. Refer Defence Workplace
                          (Defence APS employee)       Relations Manual, DRB 19, Part 19, Chapter 1).

       Whistleblower      A complaint is reported to   If a complainant is worried about victimisation, the Defence Whistleblower Scheme offers an alternative and independent
                          the Defence Whistleblower    process for reporting and investigating concerns. Contact can be made by phoning 1800 673 502.
                          Scheme

        Make a Complaint to an External body

       Commonwealth       A complaint is lodged with   The Ombudsman will encourage the use of internal options first. Refer DI (G) PERS 34-3 - Inquiries by the Commonwealth
        Ombudsman/        the Ombudsman                Ombudsman and the Defence Force Ombudsman Affecting the Department of Defence and the Australian Defence Force.
        Defence Force                                  Contact can be made by phoning 1300 362 072.
        Ombudsman

     Human Rights and     A complaint is lodged with   Person lodges a written complaint to HREOC. This is an alternative to submitting a comlaint through the chain of command.




24
     Equal Opportunity    HREOC                        HREOC may encourage the use of internal options first. Refer DI (G) PERS 34-2 - Complaints of Discrimination and Harassment
        Commission                                     Through the Human Rights and Equal Opportunity Commission. Contact can be made by phoning the central office on 1300
         (HREOC)                                       656 419 or the local state number.

         Ministerial      A complaint is lodged with   Complaint can be forwarded to the Minister or the local Member of Parliament.
         complaint        the Minister

        State/Territory   A complaint of sexual        Matter is addressed either directly to the police or through a legal adviser to be pursued through the civil court.
       Police or Courts   assault or any other         Sexual Assault: Do not "counsel" for sexual assault. Refer immediately to Commanding Officer or senior Manager to initiate
                          harassment or                steps to notify police if the complainant requests. Refer to medical officer and to professional counsellor.Complainant ’s wishes
                          discrimination complaint     should be taken into account and confidentiality appropriately observed. Refer DI (G) PERS 35-4 - Management and Reporting
                          is reported to police or     of Sexual Offences.
                          pursued through legal        Other Unacceptable Behaviour: In the case of some criminal matters, a complaint maybe made to the police. Civil litigation may
                          means                        also be an option in some cases.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Equity on Deployment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Equity and Diversity in Defence



                                                                                                                                                                                                                                                                                                                                                                                                                                           Defence: a bully-free workplace




                                                                                                                                                    Sexual Offence Management Guide
                                                                                                                                                                                                                                                                                                Who can I ask? – The Equity Adviser




25
                                                                                                                                                                                      Guide to Equity and Diversity in Defence
                                                                                                                                                                                                                                            Who can I call? – The Defence Equity Advice Lines
                                                                                                                                                                                                                                                                                                                                      Managing a Complaint of Unacceptable Behaviour
                                                                                                                                                                                                                                                                                                                                                                                       How to Make a Complaint of Unacceptable Behaviour
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  be downloaded from the DEO Intranet and Internet websites.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RELATED DEO PUBLICATIONS




                                                                        A Guide to Fair Leadership and Discipline in the Australian Defence Force
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  The DEO has produced a number of publications that provide very useful information to
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  all Defence personnel and Defence contracted staff. All of the following publications can
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ANNEX F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour
Defence Plain English Guide to Managing and Reporting Unacceptable Behaviour
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