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MHRT Discrimination Policy • The Mental Health Review Tribunal is opposed to all forms of discrimination in the workplace such as those based on gender, race (including colour, ethnic background or national identity), marital status, physical or intellectual impairment, sexual preference, political or religious belief, pregnancy or age. • The Tribunal is committed to creating a workplace free from discrimination, where all employees, contractors and agents are treated with respect and dignity. Employees of the MHRT are valued on their performance and on their ability to maintain Tribunal standards of conduct and service. The Tribunal considers discrimination, victimisation and vilification unacceptable behaviour and such behaviour will not be tolerated under any circumstances.
Policy Principles • The Mental Health Review Tribunal policy is governed by the following principles: • Complaints of discrimination, victimisation and vilification will be dealt with promptly and sensitively. • Confidentiality and privacy of the parties will be upheld at all times throughout the resolution process. • The principles of natural justice will be upheld throughout the process so as to protect the rights of both the complainant and the respondent. • The resolution of the complaint will, as far as possible, be by mediation and in accordance with the MHRT Grievance Policy and Grievance Resolution Operational Procedure.
Definition • Discrimination occurs when a person is treated less favourably or harassed within the work environment because of one of the following attributes: • sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality, family responsibilities. • Or association with someone with an attribute above. • Discrimination in the workplace occurs when a person is treated less favourably than another would be in similar circumstances because of a characteristic that is irrelevant to the person’s capacity to do the job. • Discrimination may be on the basis of actual attributes or on the basis of assumptions about a person because of an attribute. • Discrimination may be direct or indirect.
Direct Discrimination • Direct discrimination is any action that excludes a person from or significantly reduces their chances of obtaining a benefit or opportunity because of a personal attribute that is irrelevant to the situation.
Indirect Discrimination • Indirect discrimination occurs when the outcome of a rule, procedure or policy that appears to treat people equally, in fact significantly reduce a person’s chance of obtaining a benefit or opportunity.
Examples of Discrimination • Making offensive ‘jokes’ about another worker’s racial or ethnic background, sex, sexual preference, age or disability. • Expressing negative stereotypes about particular groups eg. “married women shouldn’t be working”. • Judging someone on their political or religious beliefs rather than their work performance. • Using selection processes based on irrelevant attributes such as age, race or disability rather than on skills and merit.
Victimisation & Vilification • Victimisation occurs when a person does an act or threatens to do an act, to the detriment of the other person because the other person has made a complaint, agreed to be a witness or has had a complaint made against them. Victimisation is prohibited by Section 130 Anti Discrimination Act 1991 (QLD). • Vilification occurs when a person knowingly or recklessly incites hatred toward, serious contempt of or severe ridicule of a person or group of persons on the basis of a race, religion, gender identity or sexuality. Vilification is prohibited by Section 124A Anti Discrimination Act 1991.
Examples of Vilification • An employee abusing a person because of their race, religion, sexuality or gender identity in the workplace which encourages others to hate people of that race, religion, sexuality or gender identity. • A work colleague making a speech in the workplace that incites hatred of people because of their race, religion, sexuality or gender identity. • Placing a poster or sticker in the workplace, which incites others to hate people because of their race, religion, sexuality or gender identity. • Hate graffiti written on work toilet walls, which incites hatred because of race, religion, sexuality or gender identity. • Wearing of symbols, badges or clothing in the workplace with slogans that incite hatred.
Process • Discrimination, vilification and victimisation are unacceptable conduct that must not be tolerated. All incidents of discrimination, vilification and victimisation should be reported. • Allegations of discrimination should be directed, in writing, to the President of the Tribunal. Where a complaint relates to the MHRT President the complaint may be lodged directly and in writing with the Public Service Commissioner. • All complainants of discrimination, vilification and victimisation will be resolved in accordance with the MHRT Grievance Policy and Grievance Resolution Operational Procedure. The privacy of parties to a complaint is paramount and confidentiality will be maintained at all times during the grievance resolution process. • Complaints of discrimination may be lodged at any time, in writing, with the Anti-Discrimination Commission.
Questions?You can direct any questions to the Tribunal’s Corporate Services Manager
