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Occupational Violence and Bullying Policy
INTENT
To provide a workplace that is free from occupational violence & bullying.
OBJECTIVES
The objectives of this policy are to:
● Convey clearly to all staff that behaviour which constitutes bullying or occupational violence
will not be tolerated in any form;
● Encourage, provide understanding and access to the information and training needed to
prevent bullying or occupational violence and to address any incidents;
● Encourage the early reporting of any allegations of bullying or occupational violence;
● Provide support for those staff who report bullying or occupational violence;
● Investigate and resolve complaints of alleged bullying or occupational violence covered by
the scope of this policy; and
● Ensure, as far as is practicable, that the persons covered by the scope of this policy are not
victimised or penalised for reporting the alleged bullying or occupational violence.
SCOPE
This policy is applicable to all staff, contractors, service providers, clients, customers and visitors
when they are engaged with APTI.
DEFINITIONS
Bullying - repeated unreasonable behaviour directed toward an employee or a group of employees
(including, for the purposes of this policy, contractors, service providers, clients, customers and
visitors when they are engaged in RTO activities) that creates a risk to health and safety. Whether it
is intended or not, bullying is an WHS/OHS hazard. Bullying can include behaviours that are direct or
indirect.
Direct bullying behaviours can include:
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Verbal abuse or overt hostility;
Putting someone down in public or in private (includes the use of electronic equipment and
social networks);
Spreading negative rumours and innuendo about an individual;
Interfering with an individual’s personal property or work equipment; and
Aggressive, demeaning or threatening emails, texts
Indirect bullying can include:
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Unjustified criticism or complaints;
Deliberately excluding someone from workplace activities;
Occupational Violence & Bullying Policy
Version : v1.0 - March2015
Next review Date: March2016
Document owner: Human Resources
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Deliberately denying access to information or resources;
Withholding information that is vital for effective work performance;
Setting tasks that are unreasonably above or below an individual’s position requirements;
and
Excessive and unreasonable scrutiny of work.
A single incidence of bullying-type behaviour does not constitute bullying however it does have the
potential to escalate into bullying behaviour and become a health and safety risk and therefore
should not be ignored. A single incidence may constitute occupational violence.
Bullying does not include - the legitimate exercise of reasonable managerial or supervisory actions
carried out in a fair and reasonable manner, for example:
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Setting performance goals, standards and deadlines;
Performance management processes;
Disciplinary action;
Allocation of duties; or
Implementation of organisational change processes.
Occupational Violence - any incident in which an employee is threatened or physically attacked
whilst engaged in RTO activities. The perpetrator can be a staff member, student, contractor, service
provider, client, customer, visitor or a person known to the organisation. It can include, but is not
limited to:
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Striking, kicking, scratching, spitting or other types of direct contact;
Throwing objects;
Attacking with knives, guns, or other weapons;
Pushing, shoving, tripping, grabbing;
Any form of indecent physical assault; and
Threats to commit any of the above.
Behaviour - the actions of an individual or a group, and may involve using a system of work as a
means of victimising, humiliating, undermining or threatening.
Clients, customers, visitors and service providers - people who are not staff or students, but who
have a reason to engage with students and staff due to a contract or agreement.
Repeated Behaviour - the persistent nature of the behaviour, not the specific form the behaviour
takes. Behaviour is considered repeated if an established pattern can be identified. An individual
may experience repeated bullying behaviour through a series of single bullying incidents subjected
by more than one person.
Unreasonable behaviour - behaviour that a reasonable person, having regard to all the
circumstances, would expect to victimise, humiliate, undermine or threaten.
Occupational Violence & Bullying Policy
Version : v1.0 - March2015
Next review Date: March2016
Document owner: Human Resources
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Violent Behaviour - Please refer to Occupational Violence (above)
POLICY PROVISIONS
a. All persons covered by the scope of this policy are expected to behave in a manner that
does not constitute bullying or occupational violence. APTI has a legal responsibility to
prevent occupational violence & bullying. APTI can be held liable for the behaviour of its
employees. All persons covered by the scope of this policy are required to:
● Comply with this policy;
● Behave appropriately;
● Promote a climate of mutual respect; and
● Maintain confidentiality concerning any complaint or investigation.
b. Managers and supervisors are accountable for the conduct of the people they manage at
APTI and will actively participate in complying with and promoting the policy by:
● Maintaining an environment, that encourages collaborative and supportive
communication between all members of their team;
● Assessing and monitoring the work environment to ensure that bullying risk factors
(organisational change, negative leadership styles, poor work systems, poor
workplace relationships and vulnerable workers), that may exist are appropriately
managed and do not lead to bullying behaviours;
● Identifying, preventing and redressing problems expeditiously, without prejudice or
victimisation;
● Recruiting, promoting, training, developing and transferring staff on the basis of
merit and performance;
● Ensuring that all APTI people management practices, policies and procedures, are
applied fairly and consistently;
● Practising behaviours that are not bullying in type; and
● Responsibly acting upon any behaviour within the working environment that may be
construed as bullying.
c. A manager or supervisor who does not take action to prevent or address workplace
bullying or occupational violence will be at risk of both disciplinary action and being in
breach of, and subject to sanctions under, the Occupational Health and Safety Act 2004.
The Crimes Amendment (Bullying) Act 2011 extends existing criminal laws to make the
offence of stalking apply to individuals in situations of serious bullying.
d. All staff members are encouraged to take measures to prevent, and to take action to
address, bullying behaviour.
e. Any complaints made by staff members under this policy will be dealt with via the CEO
and /or his/her delegates.
f. If a serious breach of this policy by a customer, contractor, service provider or visitor,
while engaging with APTI staff is confirmed, appropriate action must be taken in
accordance with the relevant Service Contract or Agreement with APTI.
g. All reports of this type of behaviour will be treated seriously.
Occupational Violence & Bullying Policy
Version : v1.0 - March2015
Next review Date: March2016
Document owner: Human Resources
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h. The consequences for breaching the Occupational Violence and Bullying Policy will
depend on the seriousness of the case.
i. Outcomes may include, but are not restricted to the following:
▪ Dismissal or suspension, against the person found responsible for bullying where
the behaviour is considered to be repeated and/or serious misconduct.
▪ Disciplinary action, up to and including dismissal or suspension, against the person
making a complaint of bullying if, after investigation, the complaint is found to
have been malicious or vexatious.
▪ Disciplinary action may be taken against anyone who retaliates against a person
who has made a complaint.
▪ In some circumstances it would be a recommendation that the matter be reported
to the Victoria Police, particularly incidents which involve sexual or physical assault,
cases of serious bullying and stalking.
Relevant State / Federal Govt. Legislation
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Victorian Privacy Act
Racial Discrimination Act 1975 (Cmth)
Federal Sex Discrimination Act 1984
Human Rights and Equal Opportunity Commission Act 1986 (Cmth)
Disability Discrimination Act 1992 (Cmth)
Equal Opportunity Act 1995 (Vic)
Racial and Religious Tolerance Act 2001 (Vic)
Occupational Health and Safety Act 1985
Fair Work Act 2009
Crimes Amendment (Bullying) Act 2011
RELATED POLICIES
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Code of Conduct Policy
Learners complaints and Appeals policy
Sexual Harassment Policy
Student Wellbeing Policy
Occupational Violence & Bullying Policy
Version : v1.0 - March2015
Next review Date: March2016
Document owner: Human Resources
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