DEPARTMENT OF HEALTH
PREVENTION OF HARASSMENT AND DISCRIMINATION
POLICY
SCOPE
This policy statement applies to all persons employed within the Department of
Health, which incorporates the following entities:

Metropolitan Health Services;

WA Country Health Service;

South West Area Health Service; and

Royal Street Divisions.
This is a system wide policy and supersedes all polices related to the Prevention of
Harassment and Discrimination in the Department of Health.
POLICY STATEMENT
The Department of Health is committed to facilitating harmonious and effective
workplace relations by providing a safe work environment where all employees are
treated with fairness, respect and dignity.
Harassment and discrimination in the workplace are unlawful under the Equal
Opportunity Act 1984 (WA) (as amended) and will not be tolerated in the Department
of Health. Such behaviour from or towards an employee, potential employee,
contractor, volunteer, client or any other person involved in providing or receiving
health care or related services is not acceptable, and is in breach of the WA Code of
Ethics and Department of Health Codes of Conduct.
Any person who causes, instructs, induces, aids or knowingly permits another person
to engage in harassment or discrimination in the workplace shall be deemed to have
committed the act and shall be treated accordingly.
All employees have a duty to report incidents of harassment and discrimination. All
complaints will be treated seriously and will be investigated promptly and
confidentially, in accordance with the applicable agency/health service’s grievance
procedures.
Where a complaint of harassment or discrimination is upheld, appropriate action will
be taken against the offender and this may include disciplinary action.
The victimisation of people making complaints of harassment or discrimination is
unlawful under the Equal Opportunity Act (WA) (as amended). All steps will be
taken to ensure that no one is victimised for making a genuine complaint.
Date Effective: 7 April 2004
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Department of Health, Prevention of Harassment & Discrimination Policy
Support mechanisms will be made available to all employees, through an Employee
Assistance Program and/or internal support network, such as Contact Officer,
Grievance Officer or Peer Support Officer.
DEFINING HARASSMENT AND DISCRIMINATION
Harassment
Harassment is defined as unwelcome, offensive, abusive, belittling or threatening
behaviour or language that has the effect of intimidating, offending or humiliating a
person. Harassment will usually be repeated behaviour, but can also consist of a
single act.
Discrimination
Discrimination occurs when a person is being treated, or believes they are being
treated, less favourably than another is because of an attribute, personal characteristic
or trait.
The Equal Opportunity Act 1984 (WA) (as amended) states that it is unlawful to
discriminate on the grounds of:
 Race (colour, nationality, ethnic or national origin or descent, or the race of a
relative or associate);
 Sex (gender);
 Marital status (single, married, separated, divorced, widowed, de facto);
 Pregnancy;
 Impairment (physical or intellectual disability that is current, past or imputed,
or of a relative or associate);
 Religious or political conviction;
 Age (or of a relative or associate in some areas);
 Family responsibility or family status;
 Gender history – refers to a person who identifies as a member of the opposite
sex by living, or seeking to live as a member of the “opposite sex” and who
has undergone a gender reassignment procedure; and
 Sexual orientation – refers to a person’s actual or imputed sexuality including
heterosexuality, homosexuality, lesbianism or bisexuality.
SUPPORTING DOCUMENTS
Western Australia Public Sector Code of Ethics
Codes of Conduct
Grievance Resolution Policies and Procedures
Misconduct Policies
RELEVANT LEGISLATION
Equal Opportunity Act 1984 (WA) (as amended)
Occupational Safety and Health Act 1984 (WA) (as amended)
Occupational Safety and Health Regulations 1996 (WA) (as amended)
Disability Discrimination Act (1992) (Commonwealth) (as amended)
Disability Services Act (1993) (WA) (as amended)
Racial Discrimination Act (1975) (Commonwealth) (as amended)
Racial Hatred Act (1995) (Commonwealth) (as amended)
Date Effective: 7 April 2004
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Department of Health, Prevention of Harassment & Discrimination Policy
Sex Discrimination Act (1984) (Commonwealth) (as amended)
Public Sector Management Act (1994) (WA) (as amended)
SUPERSEDED DOCUMENTS
Prevention of Sexual Harassment OP0833/96
Prevention of Harassment OP0832/96
Prevention of Racial Harassment OP0717/96
Prevention of Discrimination and Harassment related policies in use in all Health
Services Areas and Royal Street Divisions prior to 7 April 2004.
IF YOU HAVE A QUERY
Employees who have any questions are to contact their supervisor or manager.
Managers or supervisors with queries should contact their Human Resources
Department.
CONTINUOUS IMPROVEMENT
To maintain continuous improvement in the development of human resource policies,
please refer any feedback regarding this policy to the Policy Officer, Workplace
Policy and Standards Branch at policyofficer@health.wa.gov.au
VERSION CONTROL
This document has been developed in accordance with the ‘Department of Health’s
Human Resource Policy Development Framework’.
Date endorsed by Human Resource Management Committee: 26 November 2003
Date endorsed by State Health Management Team: 7 April 2004
Policy effective date: 7 April 2004
Policy review date: 7 April 2006
Date Effective: 7 April 2004
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