Goulburn Ovens
Institute of TAFE
Title: Behavioural Procedure
Executive approved: 21/10/2014
Procedure no. PRHR-171
Responsible Officer: Executive Manager, People and Performance
Authorising Officer: CEO
Review: Annual (21st October 2015)
(Copy on public web site)
Reviewed: 2/12/2014, 25/02/2015
Disclaimer: Printed hard copies of this document are uncontrolled. For the current version, please refer to the Intranet site.
BEHAVIOURAL PROCEDURE
1.
PURPOSE
GOTAFE is a community enriched by people of many backgrounds, age, race, ethnic and national
heritage, physical and intellectual abilities and lifestyle choices. GOTAFE aims to treat all members of
the community with dignity, courtesy and respect.
These procedures may be used by individuals to resolve complaints of discrimination and harassment
against another staff member or a student, client, contractor or service provider. These procedures
provide members of GOTAFE community with a process for resolving complaints of discrimination and
harassment. Advice can be sought in this regard from the People and Performance Division if
required. These Procedures aim to implement GOTAFE’s Behavioural Policy and must be read in
conjunction with that document.
GOTAFE’s is committed to the principles contained in the VPS Code of Conduct. This requires all
members of GOTAFE to adhere to the requirements of showing respect in our interactions, with an
inclusive attitude towards diversity and difference, and acting with integrity and treating all with
honesty, fairness and discretion.
GOTAFE is committed to the Statement of Adherence to Australian Democratic Principles.
2.
SCOPE
This Procedure applies to the following GOTAFE members;

All staff, including: managers and team leaders; board members, full-time, part-time or casual,
temporary or permanent staff; job candidates; student placements and students of GOTAFE,
apprentices, contractors, sub-contractors and volunteers (the parties).

All aspects of employment, recruitment and selection; conditions and benefits; training and
promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport.

On-site, off-site or after hours work; work-related social functions; conferences – wherever and
whenever staff may be as a result of their GOTAFE duties.

Staff treatment of other staff, of students, and of other members of the public encountered in the
course of their GOTAFE duties.

All communications between GOTAFE members, including electronic communications, electronic
media, BLOG postings, ‘tweets’, Facebook or any other form of social media.
Where the behaviour of any student or GOTAFE staff member is determined to be illegal, the
appropriate authorities will be notified, and this procedure will not be enacted. This procedure does not
override any provisions in relevant legislation.
This procedure is accessible to individuals irrespective of their location, place of residence or study via
GOTAFE’s Intranet. The procedure can also be accessed from the public GOTAFE website
http://www.gotafe.vic.edu.au. GOTAFE will not victimise or discriminate against any initiator or
respondent.
3.
DEFINITIONS
Term
Definition
Bullying
Including, but not limited to, abusive or insulting behaviour; yelling or
screaming; behaviour that humiliates, intimidates, belittles or degrades;
teasing or making a person the brunt of jokes; spreading malicious
gossip, rumours or innuendo; making improper demands regarding
work performance; or covert behaviour that is designed to undermine
work performance or to cause personal distress
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Discrimination
Under the Equal Opportunity Act 2010 (Vic) a person discriminates
against another person if they treat a person less favourably in the
same circumstances, or in circumstances which are not materially
different, because of their age, race, sex (including pregnancy,
childbirth and breastfeeding), marital or domestic status, homosexuality,
gender identity, carers’ responsibilities, political belief or activity,
impairment, sexual orientation, industrial activity, lawful sexual activity,
employment activity or personal association with a person who is
identified by reference to any of the previous attributes.
Harassment
A person is harassed if they are subjected to behaviour that they do not
want, that offends, humiliates or intimidates, and they are targeted
because of their sex, pregnancy, breastfeeding, race, age, marital
status, homosexuality, disability, transgender status or carers’
responsibilities. Harassment can be a form of discrimination.
Further definitions and access to GOTAFE’s Behavioural complain resolution forms referred to below
can be found in GOTAFE’s Behavioural complaint resolution guidelines.
4.
RESPONSIBILITIES
It is the responsibility of all parties to this Procedure to:

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Behave fairly and respectfully at all times towards all members of the GOTAFE community.
Be aware of their conduct at all times and behave in accordance with the Charter of Human
Rights and respective Code of Conduct.
Not behave in any manner that may be considered to be discrimination, harassment, bullying,
vilification and victimisation.
Actively discourage discrimination, harassment, bullying, vilification and victimisation and ensure
these issues are speedily addressed in accordance with this Procedure
Ensure they do not participate in discrimination, harassment, bullying, vilification or victimisation
Report any behaviour that a reasonable person would consider inappropriate or unlawful under
the Policy or this Procedure to a GOTAFE Contact Officer
Additional Responsibilities
Manager and Team Leader Responsibilities
It is the responsibility of the Manager or Team Leader (referred to as ‘Manager’ in this Procedure) to:


Provide an environment free from harassment, bullying and discrimination as much as is
practicable.
Raise a GOTAFE Behavioural complaint resolution form and complete as required by this
procedure.
If an Informal Complaint is made to a Manager, the Manager has the responsibility to:


Address and resolve any Informal Complaint(s) as per the GOTAFE Behavioural Procedure.
Refer the individual to the GOTAFE Behavioural Policy and Behavioural Procedure.
Teachers
It is the responsibility of Teachers to:
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Implement GOTAFE’s Behavioural Policy when developing and delivering curriculum and student
services.
Help students to understand human rights and challenge discriminatory attitudes and behaviour.
Work with the student who has bullied and help them to understand the effect of their behaviour.
Inform students of their entitlement to access Student Services to assist them with emotional and
mental wellbeing support.
Apply consequences to students who bully or harass which may include time out, suspension or
behavioural or similar contracts.
Report any behaviour that a reasonable person would consider inappropriate or unlawful under
the Policy or this Procedure to a GOTAFE Contact Officer.
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Parents and guardians


When engaging with GOTAFE, behave according to the principles set out in GOTAFE’s
Behavioural Policy which is available on the Public Website;
Undertake and/or support any action as agreed to by the parties to any substantiated
discrimination, bullying and/or harassment claim.
Witnesses to Inappropriate Behaviour
If an individual staff member or student has observed behaviour that they consider may constitute
harassment or bullying, sexual harassment or unlawful discrimination, it is appropriate that they raise
their concerns about such behaviour to an appropriate person. At all times, it is encouraged to seek
guidance from a designated GOTAFE Contact Officer.
The observer will be required to provide sufficient details (verbally or in writing) to allow the
appropriate person to raise the concerns with the relevant staff members or students involved.
Principles of natural justice and fairness must prevail.
Alternatively, an observer of inappropriate behaviour may seek to raise their concerns directly with one
or all of the staff members or students involved, where it is of no risk to their Health and Safety.
Reasonable Management Action
Managers have responsibilities to manage and supervise their Employees, particularly with regard to
unsatisfactory performance of duties. Teachers and Team Leaders have responsibilities to provide
guidance and advice to Students and employees. Such comment and advice may include critical
statements and feedback along with monitoring and review of work and academic performance. The
act of correcting Employees and Students, pointing out areas for improvement, invoking performance
counselling or misconduct procedures does not in itself constitute harassment. Managers, Team
Leaders and Teachers have a responsibility to establish and maintain a workplace free from
Harassment by offering constructive and legitimate advice and comment in a way that does not
demean or humiliate either employees or students.
Role of Contact Officers
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The role of the Contact Officer is to ensure that the individual is able to make an informed choice
about further action. GOTAFE Contact Officers are suitably trained on the principles outlined
within this Procedure. The Contact Officer will not disclose any information about the Initiator
without their consent, and will protect the privacy of the individual at all times, as required by law.
If an individual does not feel comfortable approaching any designated GOTAFE Contact Officer
relating to an incident, they may liaise directly with their Manager to implement this procedure, or
contact the Executive Manager, People and Performance or member of the People and
Performance Team for guidance.
A designated GOTAFE Contact Officer may however disclose to the Executive Manager, People
and Performance information about criminal acts or their belief that one of the parties may pose a
threat to an individual or the community. The Executive Manager, People and Performance will
then consult as necessary and take appropriate action.
Role of the Support Person
Where required, the initiator and/or respondent may wish to have a ‘support person’ throughout
proceedings. The support person is to have no input on the processes or flow of this Procedure.
A support person can assist the employee by:
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providing emotional support and reassurance
taking notes
explaining or clarifying questions asked and/or processes
assisting in clarifying a response if the employee has difficulty communicating a response to the
interviewer
seeking breaks to assist employees.
For the purposes of these guidelines ‘support person’ means a person nominated by the employee to
support them during a meeting (where it is appropriate that a support person attends). A support
person could be a friend, a family member or other nominated person however a support person
cannot be:

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a fellow employee whose involvement may result in an apparent or possible conflict of interest;
a designated GOTAFE Contact Officer;
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Behavioural Procedure
Legal Counsel
What behaviors may not be considered bullying?
There are some behaviors which, although unpleasant, may not be considered bullying. Mutual
conflict which involves a disagreement, but not an imbalance of power may not be considered bullying.
Unresolved mutual conflict can develop into bullying if one of the parties targets the other repeatedly in
retaliation.
Single-episode acts of nastiness or physical aggression, or aggression directed towards many
different people, is not bullying. Social rejection or dislike is not bullying unless it involves deliberate
and repeated attempts to cause distress, exclude or create dislike by others.
5.
PROCEDURE
Stages of complaint resolution
In resolving complaints related to unacceptable behaviour, GOTAFE applies a five stage process as
outlined below. The emphasis of this process is to seek resolution as soon as possible with resolution
occurring at the lowest possible level.
Stage 1
Informal Resolution
Stage 2
Formal Resolution
Stage 3
Investigation or
Mediation
Stage 4
Internal Appeal
Procedure
Stage 5
External Appeal
Stages 1 and 2
Informal processes. Allow parties to make informed decisions and assist them in resolving the issues.
They do not involve a formal investigation or the determination of evidence. Individuals are
encouraged to resolve complaints between themselves, where possible. An individual, where possible,
should normally progress through Stage 1 prior to commencing Stage 2.
Stage 2
Generally requires Management, Team Leader and/or Human Resources input, provided the matter
has not been resolved informally through Stage 1.
If, to avoid potential conflict of interest or perceived bias, either party does not believe that
Management involvement to be appropriate, the individual is to approach a delegated person or
Human Resources believe an investigation is required, they are to note the reasons why on the
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GOTAFE’s Behavioural complaint resolution form – Stage 2 – Formal Resolution, and the matter
referred to Stage 3.
Stage 3
Involves the making of a formal written complaint, after which an Investigation of the allegation of
discrimination, bullying and/or harassment may occur, and an outcome may be imposed on the
parties. This Stage also provides the parties an opportunity to agree on Mediation as a means of
resolving the complaint.
Stage 4
Provides the parties with the option to Appeal decisions made at Stage 3 to the Executive Manager,
People and Performance. Items 36-39 of this Procedure are to be undertaken in order for this review
to occur.
Stage 5
Is an External Appeal to a body unrelated to GOTAFE. These are referred to below. GOTAFE will not
take any action, procedural or otherwise in relation to a complaint lodged formally with the below
bodies.
External Lodgement
The aggrieved party may initiate a formal complaint by lodging with the Victorian Equal Opportunity
and Human Rights Commission or the Human Rights and Equal Opportunity Commission (Federal)
outside of this Procedure. An individual can lodge a claim to these external bodies at any stage of this
procedure, however they must advise the Contact Officer or any other relevant person involved in the
process. If this option is exercised, all GOTAFE proceedings in relation to the complaint shall cease.
Where the Commission initiates an investigation following a complaint against GOTAFE, the
Executive Manager, People and Performance will guide GOTAFE’s response. Where the
complaint is against the Executive Manager, People and Performance, the CEO will guide
GOTAFE’s response. Where the complaint is against the CEO, GOTAFE is to be guided by
the relevant external body.
Disciplinary action
If an allegation is substantiated, actions should be taken consistent with relevant policies and
procedures. Such actions may include but are not limited to, gaining a commitment that the behaviour
will not be repeated and monitoring this over time, providing information to workers to raise the
awareness of workplace bullying, providing training or coaching e.g. leadership or communication
skills, providing counselling support, reviewing the workplace bullying policy and/or procedure,
addressing organisational issues that may have contributed to the behaviour occurring, requesting an
apology, providing a verbal or written warning, transferring a worker or workers to another work area,
demotion, dismissal, disciplinary or other actions subject to workplace relations laws, termination of
third party Contractual arrangements.
Where it is determined that disciplinary action should commence, GOTAFE will be guided by internal
processes and procedures, including the relevant enterprise bargaining agreement or similar, or the
provisions of any other relevant contract of employment or legislation.
GOTAFE may take action against a person(s) making a frivolous or vexatious complaint. Any
person(s) found to have made such a complaint may be subject to GOTAFE's disciplinary procedures,
which may include termination of employment.
Points to note:

GOTAFE aims to develop and maintain a register of Contact Officers who are trained to provide
information and support for these procedures. Contact Officers will assist the Initiator to decide
whether the complaints constitute Bullying, Discrimination or Harassment, advise them of their
rights, and explore possible options with them.

At the relevant Stages of this procedure, individuals are required to utilise the GOTAFE
Behavioural complaint resolution forms. Please note that information retained at Stage 1 is purely
for statistical purposes, and does not include any personal identifiers.
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
If the behaviour includes any form of physical abuse or violence, GOTAFE’s Prevention of
Occupational Violence Procedure should guide the parties where relevant, in addition to the
requirements of this Procedure.

At any time a complaint may progress straight to the Executive Manager, People and
Performance if the allegations involve alleged criminal activity by an individual, and/or pose an
immediate risk to the health, safety and wellbeing of any member/s of GOTAFE community.

Complaints can be withdrawn at any stage, however where GOTAFE believes that the
circumstances which gave rise to the questionable behaviour may still exist, or that an incident
has the capacity to affect the work environment or other individuals, or where the complaint
related to criminal issues, GOTAFE may pursue the matter of its own accord.
Penalties for Breaches
Any behaviour that breaches any part of the GOTAFE’s Behavioural Policy, or this procedure will be
dealt with accordingly under GOTAFE’s Staff/Student Discipline Procedures and/or any other relevant
procedure, employment contract or legislation.
Confidentiality and Records
GOTAFE is committed to maintaining the privacy of personal information. All personal information
collected under the GOTAFE’s Behavioural Policy and this Procedure will be held and used in
accordance with GOTAFE’s Privacy and Freedom of Information Policy. Records are to be kept where
applicable as per this procedure, and forwarded to the Executive Manager, People and Performance
marked ‘Confidential’.
6.
DOCUMENTATION

Behavioural Policy – POHR-10

Behavioural complaint resolution guidelines – ODHR-17
Behavioural complaint resolution forms:
 Behavioural complaint resolution form – Stage 1 – Informal Resolution – FHR-96
 Behavioural complaint resolution form – Stage 2 – Formal Resolution – FHR-97
 Behavioural complaint resolution form – Stage 3 – Investigation or Mediation – FHR-98
 Behavioural complaint resolution form – Stage 4 – Internal Appeal – FHR-99
 Behavioural complaint resolution form – Witness Statement – FHR-100

Prevention of Occupational Violence Procedure – OD6-P141

Privacy and Freedom of Information Policy – OD7

Employee Code of Conduct procedure – CS19-P53

Student Conduct Procedure – E6-P27

Discipline Procedure for Employees Other than PAACT Staff – CS11-P45

Discipline Procedure for PAACT Staff – CS34- 94
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APPENDIX 1 –
Behavioural Complaint Resolution Flow-Chart
Stage 1 – Informal Resolution
Stage 1:
Informal Resolution
Item 1-9
Take no further
action
Deal with the
matter individually
or approach a
‘delegated person’
for assistance
Talk to or write to
the respondent to
the complaint
Matter resolved
NO
(Go to Stage 2: Formal
Resolution)
YES
END
Signed GOTAFE
Behavioural
Complaint
Resolution Form to
be sent to People
and Performance
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Stage 2 – Formal Resolution
Stage 2:
Formal Resolution
Item 10-19
Complainant puts
issue in writing and
advises delegated
person . Human
Resources
Delegated person /
Human Resources
to meet with the
relevant parties,
including witnesses
if applicable
Courses of Action
agreed between the
parties
Matter Resolved
NO
(Go to Stage 3,
Investigation or
Mediation)
YES
END
Signed GOTAFE
Behavioural
Complaint
Resolution Form to
be sent to People &
Performance
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Stage 3 – Investigation or Mediation
Stage 3:
Investigation or
Mediation
Item 20-30
Manager has a copy of the current Behavioural Complaint Resolution Form
Manager consults with Executive Manager, People & Performance to determine whether
Mediation or Investigation are appropriate
Manager to liaise with Investigators as required. Is transfer of initiator or respondent
appropriate?
Investigation Panel advise Manager of investigation outcome
Manager to communicate resolution strategy to parties
Matter resolved
NO
(Go to Stage 4,
Internal Appeal)
YES
END
Signed GOTAFE
Behavioural
Complaint
Resolution Form to
be sent to People &
Performance
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Stage 4 –Internal Appeal
Stage 4:
Internal Appeal
Item 31-34
Individual to lodge Behavioural Complaint Resolution Form – Stage 4 to Executive
Manager, People & Performance
Executive Manager, People & Performance to review material and provide outcome of
review within 10 days of lodgement
Manager to liaise with Investigators as required. Is transfer of initiator or respondent
appropriate?
Matter resolved
YES
NO
(Go to Stage 5,
External Appeal)
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END
Signed GOTAFE
Behavioural
Complaint
Resolution Form to
be sent to People &
Performance
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Stage 5 – External Appeal
Stage 5:
External Appeal
Item 35
Lodge an External Complaint with body listed in this Procedure
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