2. STEREOTYPING and DISCRIMINATION STEREOTYPING can lead to PREJUDICE can lead to DISCRIMINATION

3. Discrimination

4. Grounds of Discrimination Sex Race or ethnicity Sexuality Age Disability Marital Status Pregnancy Religion Trade Union Membership

5. Definition of Discrimination In essence the definition of discrimination is that: –Someone is treated less favourably on one of the grounds –Someone is made to suffer a detriment on one of the grounds

6. Federal Legislation Human Rights and Equal Opportunity Commission Act 1986 – right to complain Racial Discrimination Act 1975 Sex Discrimination Act 1984 Disability Discrimination Act 1992 –Latter three make discrimination unlawful

7. Federal Definition of Discrimination Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation

8. Forms of Harassment What forms of behaviour can harassment take? What forms of harassment might be particular to sport?

9. Main Categories of Harassment Sex Sexuality Religion Disability Race Other

10. Legislation on Harassment Federal –Sex Discrimination Act 1984 –Disability Discrimination Act 1992 –Racial Discrimination Act 1975 New South Wales –Anti Discrimination Act 1977

11. WORKING DEFINITION OF HARASSMENT Harassment consists of offensive, abusive, belittling or threatening behaviour directed at a person or people because of a particular characteristic of that person or people (including the person’s or people’s level of empowerment relative to the harasser) The behaviour must be unwelcome and the sort of behaviour a reasonable person would recognise as being unwelcome and likely to cause the person to feel offended, humiliated or intimidated. Whether or not the behaviour constitutes harassment is to be considered from the point of view of the person receiving the behaviour Definition from ASC – Harassment Free Sport

12. DEFINITION of SEXUAL HARASSMENT Sexual harassment is any unwanted or unwelcome behaviour of a sexual nature. And It causes the person to feel: offended humiliated or intimidated

13. The Principle of Natural Justice The idea of natural justice is shown in the rights of a person to a fair hearing of the facts before an independent, impartial court or tribunal, with any decision being based on consistent law applied without ‘fear or favour’. Natural justice requires that a person is protected from abuses of power by those in authority. The modern concept of “natural justice” involves a process where it is required there must be a ‘fair hearing’ and ‘procedural fairness’. “Fair Hearing” – The other party is entitled to put their case (audi alteram partem) and that they are entitled to have the matter determined by a fair tribunal (nemo debet esse judex in sua propia causa) Not only may ‘no man be judge in his own cause’ but also ‘justice should not only be done, but should manifestly and undoubtedly be seen to be done. “Procedural Fairness” – procedural fairness follows the principle that actions taken are transparent and that there are in place proper complaint, grievance and appeal procedures and all are applied without ‘fear or favour’.

14. KEY ELEMENTS OF NATURAL JUSTICE The concept of ‘natural justice’ is often heard when discussing harassment. It is usually seen as being particularly relevant to the person complained about, but is in fact relevant to all parties, as will be obvious from the guidelines below. People should know about decisions or judgements that effect them People cannot be decision-makers about matters which effect them Decision makers must act fairly, and without actual, or perceived bias All parties to a decision should be heard, and all relevant arguments considered before a decision is made People should have an opportunity to present their point of view before decisions are made affecting them People should have an opportunity to respond to any adverse material that will influence a decision affecting them.

15. VICARIOUS LIABILITY DUTY OF EMPLOYERS In some circumstances, under anti-discrimination legislation, employers can be held liable for wrongs committed by employees or volunteers in the course of carrying out their duties, even if there is no deliberate contribution to the wrongful act on the part of the employer. Employers and officials of sports clubs and organisations are responsible for taking all reasonable steps to ensure that, so far as practicable, harassment does not occur in their organisations. Employers and organisations that have shown that they take this responsibility seriously and unlikely to be found vicariously liable for the behaviour of an individual.