Australian Cinematographers Society
Code of Practice Policy – Workplace Discrimination, Harassment, Sexual Harassment and Bullying
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1. Purpose
2. Who this policy applies to
3. When this policy applies
4. Related documents
5. Anti-discrimination and workplace bullying laws
6. Definition and examples of discrimination, harassment, sexual harassment and bullying
6.1 Discrimination
6.2 Harassment
6.3 Sexual harassment
6.4 Workplace Bullying
6.5 Victimisation
6.6 Vilification
6.7 Breaching confidentiality
7. Member and Volunteer rights and responsibilities
8. Roles and responsibilities of leadership and management positions
8.1 Peer Contact Person(s)
8.2 Complaints Person(s)
9. Supporting bystander action
10. Consequences of breaching this policy
11. How to make a complaint
12. Frivolous, vexatious or malicious complaints
13. Additional Information, support and advice
14. Review details
1. Purpose
The Australian Cinematographers Society (ACS) recognises the diversity of its members, volunteers and guests and understands that for the ACS to function optimally, all members, volunteers and guests must be respected and valued. As such, the Australian Cinematographers Society endeavours to provide members, volunteers and guests with a safe, respectful and inclusive work environment free from all forms of discrimination, harassment, sexual harassment and bullying.
All Australian Cinematographers Society members, volunteers and guests are required to treat others with dignity, courtesy and respect.
By implementing this policy, the Australian Cinematographers Society sets out that unlawful discrimination, harassment, sexual harassment and bullying will not be tolerated. Disciplinary action, up to and including termination or cessation of engagement or membership, may be taken against members and volunteers who breach this policy.
2. Who this policy applies to
This policy applies to:
- All members, volunteers and guests of or engaged by the Australian Cinematographers Society in Australia, including:
- Leadership and management personnel (e.g. producers, promoters, CEOs, executive directors, general managers, company managers, human resources managers, managers, supervisors);
- Production and venue personnel (e.g. actors, dancers, directors, choreographers, writers, stage management, chaperones, technical crew, front of house);
- Job candidates, including people auditioning for roles;
- Student placements, apprentices and work experience students/interns;
- Contractors, sub-contractors and secondees;
For the purposes of this policy, the definition of members and volunteers includes National Executive members.
Every member, volunteer and guest is required to comply with this policy as amended from time to time.
This policy forms part of and is incorporated into any volunteer’s contract of employment or contract for service with the Australian Cinematographers Society. To the extent that there is an inconsistency between the law and this policy, the law will prevail.
This policy extends to every associated entity of the company with the meaning of Section 50AAA of the Corporations Act 2001 (Cth).
3. When this policy applies
This policy applies at all times while the members, volunteers and guests are engaged in ACS activities, which include the following:
- Use of social media;
- ACS Awards, functions, presentations, launches, panels and similar events
4. Related documents
Members, volunteers and guests, especially committee members, are encouraged to read this policy in conjunction with other relevant Australian Cinematographers Society policies, procedures, documents and agreements,
- ACS Complaint handling and investigation procedure: workplace discrimination, harassment, sexual harassment and bullying
- ACS Code of Practice (two page) : workplace discrimination, harassment, sexual harassment and bullying
- Code of Ethics and Professional Conduct
- Privacy Policy
5. Anti-discrimination and workplace bullying laws
Discrimination, harassment, sexual harassment and bullying are unlawful under state/territory and federal legislation:
- Sex Discrimination Act 1984 (Cth)
- Racial Discrimination Act 1975 (Cth)
- Disability Discrimination Act 1992 (Cth)
- Age Discrimination Act 2004 (Cth)
- Australian Human Rights Commission Act 1986 (Cth)
- Fair Work Act 2009 (Cth)
- Anti-Discrimination Act 1977 (NSW)
- Anti-Discrimination Act 1991 (QLD)
- Anti-Discrimination Act 1992 (NT)
- Anti-Discrimination Act 1998 (TAS)
- Equal Opportunity Act 1984 (SA)
- Equal Opportunity Act 1984 (WA)
- Equal Opportunity Act 1995 (VIC)
- Racial and Religious Tolerance Act 2001 (VIC)
- Discrimination Act 1991 (ACT)
- Work Health and Safety Act 2011 (NSW)
- Occupational Health and Safety Act 2004 (VIC)
- Work Health and Safety Act 2011 (QLD)
- Work Health and Safety Act 2012 (SA)
- Occupational Safety and Health Act 1984 (WA)
- Work Health and Safety Act 2011 (ACT)
- Work Health and Safety (National Uniform Legislation Act 2011) (NT)
- Work Health and Safety Act 2012 (TAS)
6. Definition and examples of discrimination, harassment, sexual harassment and bullying
6.1 Discrimination
Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.
It is unlawful to discriminate against someone because of a protected personal characteristic and this will not be tolerated at the Australian Cinematographers Society. Protected personal characteristics under federal discrimination law include:
- A disability, disease or injury, including work-related injury;
- Parental status or status as a carer;
- Race, colour, descent, national origin or ethnic background;
- Age;
- Gender, gender identity;
- Sexual orientation;
- Industrial activity;
- Religion;
- Pregnancy and breastfeeding;
- Marital status;
- Political opinion;
- Social origin;
- Medical record;
- An association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.
It is also against the law to treat someone unfavourably because you assume they have a protected personal characteristic or may have it at some time in the future.
Discrimination can be either direct or indirect.
Direct discrimination is usually easy to identify and occurs when a person or group of people with a particular protected attribute (actual or assumed) are treated less favourably because of that attribute.
Indirect discrimination is less obvious and occurs when a policy or practice appears neutral, yet has the effect of discriminating against those with a particular protected attribute.
What is not discrimination?
In certain circumstances it will not be unlawful discrimination to treat members or volunteers differently because of a protected personal characteristic. The main exceptions are where the discriminatory act or practice:
- Is necessary to comply with other legislation;
- Is taken because the complainant cannot perform the inherent (essential) requirements of their job, even where reasonable adjustments are made;
- Is a genuine occupational requirement (an exemption may be required, depending on the law in the relevant state or territory);
- Is necessary to protect health and safety; and/or
- Is permitted because an exemption or ‘special measure’ applies. This is often referred to as ‘positive discrimination’ or ‘affirmative action’.
6.2 Harassment
Harassment is unwelcome and unsolicited behaviour that a reasonable person would consider to be offensive, intimidating, humiliating or threatening.
It is unlawful to harass an individual or group because of a protected attribute (such as age, sex or race, as outlined above). Harassment of any kind will not be tolerated at the Australian Cinematographers Society. Harassment that is not related to a protected attribute is still inappropriate in the Society and should be dealt with accordingly.
Harassment can be physical, spoken or written. It can include:
- Intimidation, verbal abuse, or repeated threats or ridicule
- Sending offensive messages by text, email or other means
- Derogatory comments
- Display of offensive materials, pictures, comments or objects
- Ridiculing someone because of their accent or English-speaking ability
- Telling offensive jokes or practical jokes based on a protected characteristic
- Belittling or teasing someone about their disability
- Isolation, segregation or humiliation based on a protected characteristic
6.3 Sexual harassment
Sexual harassment is any form of unwelcome behaviour of a sexual nature, which could be expected to make a person feel offended, humiliated or intimidated.
It is unlawful for a member or volunteer to engage in sexual harassment, or encourage or allow another member or volunteer to do so. Sexual harassment will not be tolerated at the Australian Cinematographers Society.
Sexual harassment can be physical, spoken or written. It can include:
- Staring or leering at a person or parts of their body;
- Excessive or unwelcome familiarity or physical contact, such as touching, hugging, kissing, pinching, massaging and deliberately brushing up against someone;
- Suggestive comments, jokes, conversations or innuendo;
- Insults or taunts of a sexual nature or obscene gestures;
- Intrusive questions or comments about someone’s private life;
- Displaying or disseminating material such as posters, magazines or screen savers of a sexual nature;
- Sending sexually explicit emails or text messages;
- Inappropriate advances on social networking sites;
- Accessing sexually explicit internet sites in the presence of others;
- Unwelcome flirting, requests for sex or repeated unwanted requests to go out on dates;
- Inappropriate or persistent unwanted gifts; and
- Behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
Just because someone does not object to inappropriate behaviour in the workplace at the time, does not mean that they are consenting to the behaviour.
Behaviour can still constitute sexual harassment even if:
- It is a single incident;
- The person engaging in the behaviour did not intend to humiliate, intimidate or offend;
- Some people in the workplace are not offended by the behaviour;
- The behaviour was previously an accepted practice in the workplace.
Sexual harassment may be considered work-related even if it occurs outside of the workplace or outside of normal working hours, such as during travel, living away from home, at a conference, industry event or promotional activity or at a work social function.
All members, volunteers and guests have the same rights and responsibilities in relation to sexual harassment.
All incidents of sexual harassment – no matter how large or small or who is involved – will be taken seriously when reported to the ACS Peer Contact Complaints Person (refer to Complaints Handling and Investigation Procedure).
Where members or volunteers engage in consensual, welcome and reciprocated behaviour, this is not sexual harassment. However, appropriate professionalism is expected of all members and volunteers at all times, including in relation to members or volunteers engaging in consensual behaviour.
6.4 Workplace Bullying
Workplace bullying (‘bullying’) is where an individual or group of individuals repeatedly behave unreasonably to another person or group of persons at a workplace, which creates a risk to health and safety (including to a person(s) mental health).
It is unlawful for a member or volunteer to engage in bullying, or encourage or allow another member or volunteer to do so. Bullying will not be tolerated at the Australian Cinematographers Society.
Bullying does not need to be intentional to be unlawful. Whilst one-off incidents of unreasonable behaviour may not be considered bullying, they are still inappropriate and may constitute discrimination.
Bullying can take many forms. It can be physical, spoken, written, overt or covert. Behaviours that may constitute bullying include:
- Physical intimidation or abuse;
- Aggressive or intimidating conduct or threatening gestures;
- Manipulation, intimidation or coercion;
- Threats, abuse, offensive language, shouting or belittling;
- Innuendo, sarcasm and other forms of demeaning language;
- Ganging up;
- Public humiliation;
- Initiation activities;
- Practical jokes, teasing, or ridicule;
- Isolation, exclusion or ignoring people;
- Inappropriate blaming, emails/pictures/text messages;
- Unreasonable accusations or undue unconstructive criticism;
- Allocating unpleasant, meaningless or impossible tasks;
- Placing unreasonably high work demands on selected member or volunteers;
- Deliberately withholding information, equipment, resources or support services that a person needs to do their job or access their entitlements;
- Unreasonable refusal of requests for leave, training or other workplace benefits;
- Setting unreasonable timelines or constantly changing deadlines for a specific individual or group of individuals;
- Withholding access to opportunities.
Workplace bullying does not include reasonable management action carried out in a reasonable manner. The Australian Cinematographers Society has rights and obligations to effectively direct and control the way work is carried out. It is reasonable for senior members to allocate activities to a member or volunteer and give fair and reasonable feedback on a members or volunteer’s performance.
Examples of reasonable management action include:
- Setting reasonable performance goals, standards and deadlines;
- Disciplinary action (including investigations) taken in a reasonable manner;
- Informing a member or volunteer about inappropriate behaviour in an objective and confidential way;
Workplace conflict is generally not considered workplace bullying. Differences of opinion (e.g. differences in artistic direction) and disagreements in the workplace may arise without engaging in repeated, unreasonable behaviour that creates a risk to health and safety. This is because not all conflicts or disagreements have a negative impact on health or safety. Low level, task-based conflict can benefit the Australian Cinematographers Society and the members as it may generate debate leading to new ideas and innovation.
6.5 Victimisation
Victimisation is subjecting or threatening to subject someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, harassment, sexual harassment, bullying or victimisation.
It is also victimisation to threaten someone (such as a witness) who may be involved in an investigation of a complaint.
It is unlawful to victimise another person. Victimisation will not be tolerated at the Australian Cinematographers Society .
Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal disciplinary action against the perpetrator. The perpetrator may also be subject to legal proceedings under anti-discrimination legislation and criminal law.
6.6 Vilification
Vilification is any public act that incites hatred, serious contempt, or severe ridicule against another person or group of people due to their race (including ethno-religious origin), homosexuality, transgender status and HIV/AIDS status.
Vilification is against the law in all states except the Northern Territory and will not be tolerated at the Australian Cinematographers Society (including all branches).
6.7 Breaching confidentiality
It is unacceptable for members or volunteers at the Australian Cinematographers Society to talk with other members or volunteers, sponsors or suppliers, family or friends, or the media about any complaint of discrimination, harassment, sexual harassment or bullying that is the subject of an investigation other than on a ‘need to know’ basis and provided as a precondition that other parties are not identified or identifiable.
Breaching the confidentiality of a current complaint or investigation, or inappropriately disclosing personal information obtained in the course of an investigation or related to a complaint (for example, as a manager), is a serious breach of this policy and may lead to formal disciplinary action.
7. Member and Volunteer rights and responsibilities
All members and volunteers are entitled to:
- A Society free from discrimination, harassment, sexual harassment and bullying;
- The right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner without being victimised;
All members, volunteers and guests must:
- Comply with the standards of behaviour outlined in this policy, the Code of Practice and other related policies;
- Treat everyone with dignity, courtesy and respect at all times;
- Offer support to people who experience discrimination, harassment, sexual harassment and bullying, such as providing information about how to make a complaint;
- Have the right to be joined by a support person or advocate, including relevant union representative (e.g. MEAA) during the complaints process;
- Respect the confidentiality of complaint resolution procedures;
- Where applicable, assist and cooperate in the investigation of complaints made under this policy;
- Where applicable participate in training as required by the Australian Cinematographers Society around workplace discrimination, harassment, sexual harassment and bullying;
- Take bystander action (if safe to do so) if they see or hear about discrimination, harassment, sexual harassment or bullying in the workplace.
8. Roles and responsibilities of leadership and management positions
Member or Volunteers and personnel in leadership and management positions (e.g. National Executive, National and State Office Bearers ) must also:
- Model appropriate standards of behaviour;
- Take steps to educate and make members and volunteers aware of their obligations under this policy, the Code of Practice and other related policies, and the law;
- Treat all incidents seriously and take immediate action where a complaint is made;
- Ensure the complainant is aware that they can raise the matter with police if the allegations are of a criminal nature and that they will be provided with appropriate support to do so;
- Act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard;
- Where appropriate, help employees resolve complaints informally;
- Refer formal complaints about breaches of this policy to the appropriate Complaints Person for investigation;
- Ensure members and volunteers who raise an issue or make a complaint are not victimised;
- Ensure all members and volunteers (including bystanders) have access to support if required;
- Ensure recruitment and job selection decisions are based on merit – that is, the skills and abilities of the candidate as measured against the inherent requirements of the position – regardless of personal characteristics, other than where it is lawful to do so;
- Ensure no discriminatory questions are asked or requests for information are made during recruitment, unless it is directly relevant to a genuine requirement of the position;
- Reasonably consider requests for flexible work arrangements.
Furthermore, personnel in senior leadership positions (e.g- National and State Executive, National and State Office Bearers), must also:
- Monitor the effectiveness of this policy, the Code of Practice and other related policies;
- Ensure the information within the policy, the Code of Practice and other related policies is relevant and up to date;
- Ensure that members and volunteers are provided with training to support them to know what discrimination, harassment, sexual harassment and bullying are and how to make a complaint or take bystander action;
- Ensure Peer Contact Persons are provided with training on this policy, the Code of Practice, complaints process and other related policies and mechanisms to support members and volunteers to make a complaint or take bystander action;
- Ensure that an abridged version of this policy, the Code of Practice and other related policies in poster form are exhibited in prominent locations within the workplace;
- Promote this policy, the Code of Practice and other related policies throughout the Australian Cinematographers Society.
8.1 ACS Peer Contact Person(s)
ACS Peer Contact Persons are available to support members and volunteers who are experiencing workplace discrimination, harassment, sexual harassment or bullying, or who need support to take bystander action.
ACS Peer Contact Persons are members who can provide confidential and impartial information and support to help members or volunteers make an informed decision about how to try to resolve an issue.
ACS Peer Contact Persons may act as a support person to someone experiencing discrimination, harassment, sexual harassment or bullying and can provide information relating to external support services and organisational policies and procedures.
ACS Peer Contact Persons cannot provide legal advice or resolve complaints; however, they can act as a support person to someone experiencing discrimination, harassment, sexual harassment or bullying, or a bystander, and can provide information relating to external support services and organisational policies and procedures.
Refer to the Complaints Handling and Investigation Procedure for further details.
8.2 ACS Peer contact person to manage complaints
Complaints Persons for the ACS are the ACS Peer Contact Persons.
Please see Paragraph 11.
9. Supporting bystander action
In order to promote a safe, equitable and a respectful Society, the Australian Cinematographers Society encourages all members, volunteers and guests to take action if they witness or hear about discrimination, harassment, sexual harassment and bullying.
- See: Know where the line is. If you see something or hear something that makes you feel uncomfortable, don’t ignore it.
- Talk: It takes courage to speak up. Talk with your peers or with the person who is crossing the line.
- Support: Don’t underestimate the power of support. It can help a colleague stand up and take action.
For information about the sorts of bystander action members or volunteers can take, see www.knowtheline.com.au
Note that victimisation of someone taking bystander action is unlawful and will not be tolerated.
10. Consequences of breaching this policy
If a member, volunteer or guest engages in discrimination, harassment, sexual harassment, bullying, vilification or victimisation, or otherwise breaches this policy, they may be subject to disciplinary action up to and including the termination of membership with the Australian Cinematographers Society.
Members, volunteers or guests may also be personally liable for their own behaviour or conduct. This means that when a member, volunteer or guest undertakes discrimination, harassment, sexual harassment, bullying, vilification or victimisation, the member, volunteer or guest may be subject to penalty or subject to an order from the regulator, the Fair Work Commission or other relevant tribunal or court.
11. How to make a complaint
The Australian Cinematographers Society strongly encourages any members, volunteers or guests who believe they have been discriminated against, harassed, sexually harassed, bullied, victimised or vilified to report this behaviour to the appointed ACS Peer Contact Person, as outlined in the Complaints Handling and Investigation Procedure.
Any member, volunteer or guest who has witnessed unlawful discrimination, harassment, sexual harassment or bullying is encouraged to report the incident to the ACS Peer Contact Person/s: Ron Johanson OAM ACS or Carolyn Constantine ACS (Each Branch should delegate a designated contact/liaison person at an event and have a sign displaying who that perons is and contact details.)
A complaint can be dealt with formally or informally depending on the circumstances. The Society has an independent duty to respond to a complaint and take steps to address the issue, even if the member or volunteer does not wish the complaint to be made formal. If The Australian Cinematographers Society elects to deal with the complaint formally when the member or volunteer has indicated that they wish for the complaint to be dealt with informally, The Australian Cinematographers Society will advise the member or volunteer of the decision to deal with the complaint formally and the reasons for this decision. In some situations there will be appropriate measures which can be taken in response to an informal complaint, such as providing refresher training, making reasonable alterations to working arrangements and/or explaining again the Policies, which do not involve intervention in the incident(s) itself. Whether a matter is dealt with informally or formally will depend on the severity of the incident.
12. Frivolous, vexatious or malicious complaints
The Australian Cinematographers Society encourages the reporting of behaviour that a member, volunteer or guest genuinely believes to be discrimination, harassment, sexual harassment, bullying, vilification or victimisation. Further, a member, volunteer or guest will not be disadvantaged or treated unfairly for dealing with discrimination, harassment, sexual harassment, bullying, vilification or victimisation in accordance with this policy.
If a complaint is found to be frivolous, vexatious or malicious, then disciplinary action up to dismissal may occur against the person making the complaint. Examples of frivolous, vexatious or malicious complaints include:
- Fabricating a complaint;
- Making a complaint with the intention of deliberately harming someone (e.g. for the purposes of revenge);
- Making a meritless complaint to harass or subdue someone;
- Seeking to re-agitate issues that have already been addressed or determined;
- Making a complaint against reasonable management actions;
- Making a complaint that the complainant does not genuinely believe to be true.
13. Additional Information, support and advice
If you have a query about this policy or need more information, please contact the ACS Peer Contact Person/s: Ron Johanson OAM ACS or Carolyn Constantine ACS.
Further resources can be accessed through the following links;
Workplace Anti-Discrimination & Safety
The Australian Human Rights Commission
Domestic and Sexual Violence support
Mental Health
Legal Services
Legal Aid
Women’s Legal Services Australia – see member organisations for your appropriate State and Territory
Australian Government – Anti-Discrimination Law
NOW Australia
- NOW Australia submission.
- WIFT Australia submission.
14. Review details
This policy was adopted by the Australian Cinematographers Society on 2nd May 2021
This policy was last updated on 16th March 2022.
