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Safe and Respectful Behaviours Procedure

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Section 1 - Purpose and Scope

(1) This procedure is made in relation to the Safe and Respectful Behaviours Policy.

(2) This procedure applies to all UNE Representatives.

(3) This procedure provides guidance to ensure that safe and respectful behaviours form the basis of interactions between UNE Representatives.

(4) In this procedure:

  1. Part A – outlines organisational responsibilities;
  2. Part B – outlines actions for prevention of unacceptable behaviour;
  3. Part C – outlines avenues for reporting and investigation of unacceptable behaviour;
  4. Part D – explains strategies for managing unacceptable behaviour when there are health and safety concerns
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Section 2 - Procedure

Part A -  Organisational Responsibilities

(5) UNE Representatives are responsible for maintaining high standards of safe and respectful behaviours. This responsibility includes preventing, detecting, investigating, resolving and otherwise managing concerns or complaints in relation to unacceptable behaviour.

(6) In the course of their work, UNE Representatives should endeavour to pre-emptively identify and address underlying conditions which may contribute to presentation of unacceptable behaviour; eliminate those conditions or, where this cannot be achieved, minimise their impact so far as reasonably practicable.

(7) A range of underlying conditions individually or in combination may increase the potential for presentation of unacceptable behaviour. They include:

   a. organisational change;
   b. excessive or shifting workload priorities;
   c. lack of direction and/or poor support form line managers or co-workers;
   d. conflict or poor workplace relationships between co-workers and/or line managers;
   e. lack of role clarity;
   f. inadequate reward and recognition;
   g. remote or isolated work;
   h. poor procedural justice; and
   i. challenging personal circumstances.

(8) UNE Representatives, particularly those with staff management responsibilities, are required to carry out day to day activities in a way that supports a safe and healthy workplace environment.

(9) UNE Representatives are expected to apply the relevant early intervention pathways articulated in this procedure, should they experience or witness unacceptable behaviour in the workplace, and it is safe to do so.

(10) Demonstration of the collegiate and helpful attributes expected of team members and leaders to achieve success within work teams is integral to the employment obligations of a UNE Representative. Team members and leaders should communicate regularly, discuss issues of concern and call out behaviours quickly to reduce the likelihood of escalation and interpersonal conflict.

Part B - Prevention of Unacceptable Behaviours

(11) In order to eliminate or minimise conditions in the workplace that may lead to presentation of unacceptable behavior UNE Representatives should:

   a. have an allocated manager at all times to ensure access to support, direction and feedback, management of role expectations and workload;
   b. undertake training and proactively seek guidance, to enable them to fulfil the requirements of their roles, in ensuring adherence to the Safe and Respectful Behaviours Policy and Procedure;
   c. promptly and appropriately address presentation of unacceptable behavior where it is safe to do so;
   d. apply relevant policies and procedures that ensure appropriate conduct, procedural fairness, reward and recognition, including those that relate to recruitment, PPDR, role classification and academic promotions;
   e. report unacceptable behavior when it is experienced or witnessed;
   f. where conditions in the workplace are anticipated that may lead to presentation of unacceptable behaviour, undertake a risk assessment to minimise the risks to the extent it is reasonably practicable (for example – during an organisational change process).

Part C - Reporting and Investigation of Unacceptable Behaviours  

(12) Reporting of incidents and hazards, involving unacceptable behaviour that is harmful, should be undertaken in accordance with WHS P007 Incident/Hazard Reporting and Investigation Protocol.

(13) Assessment and investigation of matters that involve unacceptable behaviour will also include consideration of underlying causality.

Part D - Managing Unacceptable Behaviour in the Presence of Health and Safety Concerns

(14) Management of unacceptable behaviour that is harmful is contextual and should be undertaken in accordance with WHS P004 Risk Management Protocol, the Enterprise Agreements and Complaints Policy - UNE Representatives not covered by Enterprise Agreements.

(15) Resolution and mitigation strategies (corrective and preventative) will consider underlying causal factors to eliminate or minimise the risk, so far as reasonably practicable and are solutions focused.

(16) UNE Representatives choosing a direct approach to address unacceptable behaviour in others must behave appropriately and in line with the expectations of this procedure, the Safe and Respectful Behaviours Policy and the Code of Conduct. They can include:

   a. Clearly articulating behaviors of concern, how those behaviours impact on them and others and respectfully requesting the behavior stop;
   b. identifying issue/s factually, excluding emotive content;
   c. giving more information, including about policy and procedure;
   d. requesting an explanation;
   e. suggesting a solution;
   f. expressing empathy and understanding; and/or
   g. requesting an apology (as legislated in the Civil Liabilities Act 2002 (NSW) sections 67-69 an apology does not constitute an admission of fault or liability and is not relevant to any determination of fault or liability).

(17) The goal of directly addressing unacceptable behaviour is to resolve an issue or concern at the closest point of origin, and as early as possible after it has been identified, and before it becomes overwhelming or repeated.

(18) In some cases, it may be necessary to take precautionary immediate actions and risk assessment to ensure:

   a. the safety and wellbeing of persons affected, and others in the University community;
   b. risk of victimisation or further inappropriate behaviour is minimised; or
   c. the integrity or confidentiality of any process under this procedure.

(19) Immediate (corrective) actions, where there is a risk to health and safety, vary and some examples may include:

   a. providing constructive feedback in a safe way (for example Bystander Intervention)
   b. providing support to all persons affected (through welfare check-ins, increased supervision/coaching and/or the employee assistance program)
   c. enabling an apology
   d. requesting that direct contact cease
   e. temporarily providing an alternative work location
   f. temporarily altering a reporting line while the solutions are developed.

(20) Consultation and monitoring of the actions taken should be undertaken by the relevant work area, to ensure that the solutions enacted are effective and do not introduce other risks to health and safety.

(21) UNE will undertake periodic assessment through staff surveys monitoring for any issues arising from unacceptable behaviour.

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Section 3 - Authority and Compliance

(22) The procedure steward, the Chief Operating Officer, makes this procedure, pursuant to the Safe and Respectful Behaviours Policy.

(23) UNE Representatives, volunteers and visitors to the University, including contractors and members of the public interacting with UNE Representatives and Students in relation to University business, must observe this procedure in relation to safe and respectful behaviour. Non-compliance may be a breach of University Policy and may be addressed under the disciplinary provisions of the relevant enterprise agreements or relevant policy, rule, procedure or process.

(24) This procedure operates as and from the Effective Date.

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Section 4 - Quality Assurance

(25) This procedure is to be reviewed in line with UNE policy.

Quality Assurance Measures

QA Measure
QA Body and Reporting
The Director People and Culture will review the efficacy of the procedure in line with policy review requirements.
People and Culture
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Section 5 -  Definitions Specific to this Procedure

Bystander Intervention – means a bystander who chooses to attempt to influence the situation in a positive manner, while taking into consideration their own safety and wellbeing and the consequences of their actions upon others.
Confidentiality - refers to maintaining the privacy of another party’s information.
Conflict - is a disagreement or clash between two or more people that can lead to negative emotions and behaviours.
Victimisation – Victimisation involves retaliatory action, or the threat of such action, against a person because they have asserted, or intend to assert, their rights under the law, or because another person thinks that they have. A person can also be victimised if they help someone else to assert their rights (for example, by being a witness).
Workplace - is any physical or online location in which the UNE Representative is engages in UNE- related activities. This can mean official university premises and public locations and online forums. Work-related activities include conferences, training, work social functions, events and business or field trips. It means a place (including vehicle, vessel aircraft or other mobile structure) where work is carried out for a business or undertaking and includes any place a worker goes or is likely to go while at work.