Workplace Diversity Policy February 2014 V1.0 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy Document Information Version History Version Issue Date Author Reviewers Outcome of Review v 1.0 Feb 2014 Hannah Barrington Mike Wallace, Chief Operating Officer Changes recommended and incorporated into document. Approved by COO Feb 2014. Ownership Enquiries regarding this document can be made to: Name: Mike Wallace Position: Chief Operating Officer Email: mike.wallace@safetyandquality.gov.au Phone: 02 9126 3600 Document Location An electronic copy of this document is stored in the Commission’s electronic document management system at TRIM #59976. Date for Next Review Three years from adoption. 2 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy Table of Contents 1. Acronyms and Abbreviations ....................................................................................... 4 2. Introduction ................................................................................................................. 4 3. Policy .......................................................................................................................... 4 3.1 Scope .................................................................................................................. 4 3.2 Purpose ............................................................................................................... 4 3.3 Resources and Legislation ................................................................................... 4 3.4 References .......................................................................................................... 4 4. Key Principles of Equity and Diversity in Employment ................................................. 5 5. The Commission’s Workplace Diversity Program 2014-2016 ...................................... 5 5.1 Objectives of the Program.................................................................................... 6 5.2 Program Goals, Activities and Reporting.............................................................. 6 5.3 Employee Responsibilities ................................................................................... 7 6. Acknowledgement of the Traditional Custodians of the Land ...................................... 7 7. Reasonable Adjustment .............................................................................................. 8 7.1 What is reasonable adjustment? .......................................................................... 8 7.2 What are the inherent requirements of a role? ..................................................... 8 7.3 When should reasonable adjustment occur? ....................................................... 9 7.4 How is reasonable adjustment determined? ........................................................ 9 7.5 Who is responsible for reasonable adjustment? ................................................... 9 7.6 Who pays for reasonable adjustment? ............................................................... 10 3 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy 1. Acronyms and Abbreviations APS Australian Public Service CEO Chief Executive Officer Commission Australian Commission on Safety and Quality in Health Care COO Chief Operating Officer HR Human Resources WDP Workplace Diversity Program 2. Introduction The Workplace Diversity Policy is designed to support the Commission’s ongoing commitment to recognising, promoting and supporting diversity within the work environment. 3. Policy 3.1 Scope This policy applies to all staff members employed, or contractors engaged, by the Australian Commission on Safety and Quality in Health Care (the Commission). 3.2 Purpose The purpose of the Policy is to set out the key requirements in relation to the management of workplace diversity within the Commission. In particular, it outlines the Commission’s Workplace Diversity Program and describes the approach to reasonable adjustment in the workplace. 3.3 Resources and Legislation The Commission’s commitment to workplace diversity is stated in clause 65 of the Enterprise Agreement 2012-2014. When developing the Workplace Diversity Policy, the Commission drew on the relevant conditions specified within the Enterprise Agreement, as well as various pieces of legislation, including the Public Service Act 1999, the Privacy Act 1988, the Fair Work Act 2009, the Racial Discrimination Act 1984, the Sex Discrimination Act 1992, the Human Rights and Equal Opportunity Commission Act 1986 and the Disability Discrimination Act 1992. In addition, the Department of Health’s Workplace Diversity Program 2013 - 2016 was considered during the development of the Commission’s Diversity Policy. 3.4 References This Policy references a number of other Commission policies, procedures and guidelines, including the: Workplace Harassment Policy; Attraction, Recruitment and Selection Policy; Flexible Working Arrangements Policy; Home Based Work Policy; Hours of Work and Overtime Policy; Workplace Harassment Policy; and Fair Treatment and Review of Actions Policy. These documents are readily available to staff on the TRIM database. 4 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy 4. Key Principles of Equity and Diversity in Employment The Commission is an inclusive organisation that values fairness, equity and diversity consistent with the Australian Public Service (APS) values and Code of Conduct. The five APS values are as follows: 1. Impartial 2. Committed to service 3. Accountable 4. Respectful 5. Ethical The Commission is committed to the principles of workplace diversity and equity in employment, which includes recognising, respecting and valuing individual differences, such as: gender; age; language; ethnicity; cultural background; disability; sexual orientation; religious beliefs; and family responsibilities. Diversity also refers to other ways in which people are different, such as: educational level; life experience; work experience; marital status; socio-economic background; and personality. The following APS values are especially relevant to the diversity and human resources principles of the Commission: merit-based employment; non-discrimination and diversity; a fair, flexible, safe and rewarding workplace; and equity in employment. 5. The Commission’s Workplace Diversity Program 2014-2016 Diversity within an organisation has many benefits, including increased innovation, improved understanding of, and service to, clients, and attraction of talent from the widest possible pool of potential staff. The Commission acknowledges and appreciates differences in every employee and encourages diversity in backgrounds, skills, talents and views to enrich the working environment and the quality of the work undertaken by the Commission. The Commission Workplace Diversity Program (WDP) has been developed to support the APS values and to address the removal of employment-related bias, including unintended bias, that may be experienced by groups including: women; Aboriginal and/or Torres Strait Islander people; people with disability; people from Culturally and Linguistically Diverse (CALD) communities; 5 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy people who identify as gay, lesbian, bisexual, transgender and/or intersex. The WDP is championed by the Chief Executive Officer (CEO) of the Commission. The Commission is committed to reflecting the diversity of the Australian community in its own workforce, and provides support and education to prevent and eliminate all forms of harassment, bullying and discrimination. 5.1 Objectives of the Program The objectives of the WDP are: To increase innovation. By employing and retaining a diverse workforce with a range of different backgrounds and perspectives, the Commission will be able to leverage a broad range of ideas and insights in policy development and decision making. To improve service to clients. By reflecting the demographic diversity of the Australian community, the Commission will understand its clients better, which will contribute to improved service. A diverse workplace will enhance communication with clients based on a more comprehensive awareness of the needs of the community. To enhance the Commission working environment. By integrating workplace diversity principles into all aspects of human resource management at the Commission, such as planning, selection and recruitment, performance appraisal, training and development, health and safety and workplace relations, the organisation will foster a productive and fulfilling workplace that is dynamic, safe and healthy, encourages excellence and will support a whole-of-life balance for Staff. Potential benefits of this include savings in recruitment and training costs, as well as retention of corporate knowledge and expertise. 5.2 Program Goals, Activities and Reporting The following goals, activities and performance measures have been developed to define the pathway to achieving the objectives of the Workplace Diversity Program. Goals Activities Performance Measures Raise awareness and increase commitment to workplace diversity across the organisation. Promote workplace diversity by taking action to eliminate unjustified discrimination, direct or indirect, and harassment in the workplace. Communication of Commission workplace expectations and behaviours to staff. Provide opportunities to staff from all backgrounds to contribute their ideas into policies, programs and services. Team meetings held at least monthly. Provide staff with training and education in relation to diversity, harassment and discrimination to increase diversity awareness and ensure compliance with antidiscrimination and industrial laws. Staff attendance at training sessions on diversity, harassment and discrimination in the workplace. Discuss diversity in the context of the Performance Development Scheme, and how it may be possible to further develop and leverage unique qualities of individuals. Staff feel valued for the unique contribution they make to the team. Tailor recruitment strategies and processes to attract candidates from culturally and Review of recruitment policy and Increase attraction, 6 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy recruitment and retention of a diverse workforce. Provide a supportive working environment that meets the needs of a diverse workforce. linguistically diverse backgrounds (in particular, Aboriginal and Torres Strait Islander people) and to ensure employment decisions are transparent, equitable and procedurally fair. practices. Present the ACSQHC Diversity Program as part of the orientation program for new starters. Induction process updated and confirmation of awareness acknowledged in signed induction checklist. Maintain up-to-date data on the diversity status of Commission staff. Meet the reporting requirements of the APS Commission. Provide staff from diverse backgrounds with adequate resources and support to do their jobs. Audits and surveys show staff are provided with adequate resources and support to do their jobs. Pro-actively consult with staff to improve people management practices. Staff survey conducted at least every 3 years. Circulate Flexible Working Arrangements Policy annually to ensure staff, both men and women, are aware of, and have access to, flexible working conditions. Uptake of Commission’s flexible working conditions. Provide in-house professional development sessions to share knowledge across the Commission. At least 12 professional development sessions held each year. The Workplace Diversity Program will be reviewed and progress against each activity will be measured on an annual basis. 5.3 Employee Responsibilities Each staff member in the Commission is responsible for upholding the principles of workplace diversity and contributing to the Workplace Diversity Program. As an employee of the Australian Public Service, every staff member must: treat their co-workers and clients with respect and courtesy; carry out their work without harassment of others; and behave, at all times, in a way that upholds the APS values and the integrity and good reputation of the APS. For more information about workplace harassment, please refer to the Commission’s Workplace Harassment Policy. To report harassment, please contact a Harassment Contact Officer (HCO) or HR. The Commission has two HCOs, including: Naomi Poole Ph: 3536 Lisa Gray Ph: 3697 6. Acknowledgement of the Traditional Custodians of the Land Commission staff are required to acknowledge traditional Aboriginal and Torres Strait Islander custodianship of the land at the start of significant meetings and events, using the following script: 7 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy “I acknowledge the traditional custodians of the land, [insert name of Nation if known eg. “the Gadigal people of the Eora nation” for Sydney City] and pay my respects to the Elders both past and present. The Commission is committed to ensuring that the workplace is culturally safe and supportive for all, including Aboriginal and Torres Strait Islander staff. 7. Reasonable Adjustment The Commission will apply the principle of reasonable adjustment to remove barriers to employment for staff with a disability. 7.1 What is reasonable adjustment? Reasonable adjustment refers to any form of assistance or adjustment to working arrangements, work methods, equipment or the work environment that is necessary, possible and reasonable to reduce or eliminate the effects of disability. Reasonable adjustment enables staff with a disability to perform efficiently and effectively in the workplace and to compete for recruitment and career advancement opportunities. Not all staff with a disability require reasonable adjustment. However, some staff may require workplace adjustments which may include modifications to: recruitment and interview arrangements; access to buildings and the work area; parking and travel arrangements; job redesign; equipment; and staff development and training. The definition of 'disability' is intended to be as broad as possible. It includes physical, intellectual, psychiatric, sensory, neurological or learning disabilities. It also includes physical disfigurement and the presence of a disease-causing organism in the body. Any adjustments or alterations which will enable the person with a disability to do the job must be made unless this imposes 'unjustifiable hardship' to the organisation. The claim of unjustifiable hardship is more likely to be valid when there may be conflicting interests, such as where changes to a workstation may prevent other officers completing their work satisfactorily, or when a request for particular equipment is more expensive than equipment which is considered to be equally effective. 7.2 What are the inherent requirements of a role? It is unlawful to discriminate against a person with a disability who can perform the 'inherent' (or essential) requirements of a position. The application of reasonable adjustment does not preclude the principles of merit, equity and cost effectiveness, nor does it imply any lowering of essential standards of performance. Factors to be taken into account when deciding the inherent requirements of a position include: Whether the position exists to perform the activity. For example, a receptionist is hired to take telephone calls. The ability to communicate by telephone is an inherent requirement of the job. 8 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy 7.3 Whether the employee needs to carry out the activities. For example, a job description may state that someone must be able to type at a certain speed but typing is not a key part of the job. Whether other employees could perform the activity instead. While it may be essential that a certain activity is performed by someone in the organisation, this does not necessarily mean it must be performed by the person working in a particular position. For example, all employees in the APS are generally expected to undertake their own photocopying, but not everyone needs to carry out this activity. The photocopying responsibilities may be able to be swapped with a different task with another person. Whether other ways of carrying out the activity can be created. For example, the requirement to be able to take shorthand is not an inherent requirement of a job. The same function can be undertaken using a Dictaphone. What proportion of time the activity takes. For example, if a particular activity takes up most of an employee's working time, it is likely to be an inherent requirement of the role. When should reasonable adjustment occur? The principle of reasonable adjustment should be taken into account: i) in all selection decisions; ii) on each occasion when a person with a disability is required to perform new or higher level duties; and iii) during times of technological and organisational change. It is important that reasonable adjustment requirements are addressed as a matter of priority. For example, in the case of a person with a disability commencing in the Commission or in a new area of the Commission, it is important to ensure that all those who are responsible for implementing reasonable adjustment are aware of the agreed requirements and timeframes. 7.4 How is reasonable adjustment determined? Reasonable adjustment is to be agreed between the person with a disability and their manager, with the input of any other people with appropriate expertise. It is essential to have input from the person with a disability to ascertain how reasonable adjustment should be applied to their particular circumstances. It is not discriminatory to ask a person about their disability if the information is to be used to implement reasonable adjustment principles for their use or benefit. Sometimes the adjustment may be very simple and inexpensive. Other cases may be more complex, possibly requiring the purchase of expensive equipment. Each case needs to be assessed individually to determine the extent of the disability and the type of assistance required to enable the individual to perform the required duties. The assessment may include the provision of advice from an agency which has expert knowledge of the particular type of disability, e.g. The Deafness Resources Council, The Royal Blind Society. More often than not, reasonable adjustment simply means changing the attitudes of managers and co-workers. This is often the most critical, and least expensive, adjustment of all. If managers and co-workers have negative or inappropriate attitudes relating to people with a disability then the provision of high-tech equipment alone will not ensure a successful placement. 7.5 Who is responsible for reasonable adjustment? 9 Australian Commission on Safety and Quality in Health Care - Workplace Diversity Policy Generally, reasonable adjustment can be seen in the context of a joint responsibility between the person with the disability and their colleagues. People with a disability should attempt to overcome barriers as far as possible; however, it is also the responsibility of management and co-workers to be aware of possible difficulties and to lessen their impact. The primary responsibility for identifying needs and co-ordinating action for individual staff members rests with the manager of the work area in which the person with a disability is, or is to be employed. 7.6 Who pays for reasonable adjustment? The Commission has a process whereby the costs associated with reasonable adjustment are met from corporate funds. Human Resources will arrange provision of equipment required to facilitate reasonable adjustment. 10