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  1. People and Diversity
Authority Source: Vice-Chancellor
Approval Date: 23/10/2024
Publication Date: 24/10/2024
Review Date: 24/10/2027
Effective Date: 24/10/2024
Custodian: Chief People Officer
Contact: ucpeople@canberra.edu.au
Accessibility: Public
Status: Published
In developing this policy the University had regard to the provisions of section 40B(1)(b) of the Human Rights Act 2004 (ACT).
Human Rights and Discrimination Policy
1. Purpose:
  1. This Policy sets out the principles to support the University of Canberra’s (the University) legislative obligations of the various Discrimination Acts and the Australian Capital Territory’s Human Rights Act 2004.
2. Scope:
  1. This Policy applies to employees, students, contractors and others at the University who engage in University-related activity either on or off-campus.
3. Principles:
  1. The University is committed to:
    1. providing an environment free from discrimination and upholding the human rights of staff, students and others who are engaged in University-related activity either on or off-campus, in line with anti-discrimination and human rights legislation;
    2. prohibiting discrimination or violations to the human rights of others by any member of the University community;
    3. investigating alleged cases of behaviour that contravenes or limits the rights and freedoms of others, whether directly or indirectly; and
    4. considering all relevant human rights of employees, students and others when making administrative decisions, or producing and enacting university policies, as the decision-maker, or decision-making body.
Human Rights, university policy and administrative decision-making
  1. Under Section 40B of the Human Rights Act 2004, the University of Canberra (acting as a public authority under Section 40) must act consistently with the human rights defined within the Act, meaning the University must:
    1. act in a way that is compatible with human rights; and
    2. give proper consideration to a relevant human right.
  2. Human Rights refers to Civil and Political Rights; Economic, Social and Cultural Rights; and the University’s responsibilities to the Right to Education, as defined in Part 3, Part3A, and Section 27A respectively of the Human Rights Act 2004 (ACT). Such rights include the right to:
    1. recognition and equality before the law;
    2. privacy and reputation;
    3. freedom of thought conscience, religion, and belief;
    4. peaceful assembly and freedom of association;
    5. freedom of expression; and
    6. take part in public life.
  3. This policy will apply except where relevant other legislation, Commonwealth or Territory, expressly requires the act or decision to be made in a particular way, or the legislation itself is inconsistent with a human right.
Complaint resolution
  1. In circumstances where informal resolution attempts are unsuccessful, or where allegations are so serious that the less formal approaches are inappropriate, the complainant may utilise the University’s complaint processes.
  2. Where the complainant is an employee:
    1. the procedure outlined in Schedule 5 of the University of Canberra Enterprise Agreement will be utilised; and
    2. the University will consider whether there may also have been a breach of the University of Canberra’s Charter of Conduct and Values, and the procedure outlined in Schedule 6 of the University of Canberra Enterprise Agreement may be utilised.
  3. Where the complainant is a student:
    1. if the complaint relates to the conduct of a staff member, the student may follow the process set out in the Student Grievance Resolution Policy; or
    2. if the complaint relates to the conduct of another student, the University may follow the process set out in the University of Canberra (Student Conduct) Rules 2023 in relation to the student accused of wrongdoing.
  4. Where a student makes a complaint against a University employee, the relevant authority investigating the student’s allegations will ensure that any actions taken against the employee will be made under the University of Canberra Enterprise Agreement.
  5. Where the complainant is both an employee and a student, or a complaint is made against someone who is both a student and an employee, People and Diversity and the Director, Student Life will determine the appropriate processes under which the complaint should be handled depending on the nature of the complaint.
Implementation
  1. This policy will be implemented through mandatory training, communication, and awareness-raising, and will be monitored and reviewed on a regular basis.
4. Responsibilities:
Who Responsibilities
Vice-Chancellor
  • Approval authority for this policy.
Chief People Officer; Director, Student Life; and University Secretary
  • Co-owners of this policy and decision-makers in relation to staff/student matters under this policy.
Managers
  • Implementing this policy in their area of responsibility
Staff, Students, Contractors, and others engaged in university-related activity either on or off-campus
  • Complying with this policy.
5. Legislation:
  1. The following legislation and standards are related to this Policy:
    1. Age Discrimination Act 2004 (Cth)
    2. Australian Human Rights Commission Act 1986 (Cth)
    3. Disability Discrimination Act 1992 (Cth)
    4. Discrimination Act 1991 (ACT)
    5. Fair Work Act 2009 (Cth)
    6. Human Rights Act 2004 (ACT)
    7. Racial Discrimination Act 1975 (Cth)
    8. Safety, Rehabilitation and Compensation Act 1988 (Cth)
    9. Sex Discrimination Act 1984 (Cth)
    10. University of Canberra (Student Conduct) Rules 2023
    11. University of Canberra Act 1989 (ACT)
    12. Work Health and Safety Act 2011 (ACT).
6. Supporting Information:
  1. The following University Policies, Procedures and Guidelines are related to this Policy:
    1. Charter of Conduct and Values
    2. Respect at Work (Prevention of Bullying) Policy
    3. University of Canberra Enterprise Agreement (Schedules 5 and 6)
    4. Student Grievance Resolution Policy
    5. University of Canberra Student Charter.
7. Definitions:
Terms Definitions
Direct Discrimination As defined in the Discrimination Act 1991 (ACT).
Discrimination As defined in the Discrimination Act 1991 (ACT).
Harassment Harassment includes offensive, belittling, or threatening behaviour toward an individual or group of employees.
Human Rights Human Rights in this policy refer to the Civil and Political Rights, and the Economic, Social and Cultural Rights defined in Parts 3, and 3A of the Human Rights Act 2004 (ACT). They include the right to; Recognition and equality before the law; Privacy and reputation; Freedom of thought, conscience, religion, and belief; Peaceful assembly and freedom of association; Freedom of expression; Take part in public life.
Indirect Discrimination As defined in the Discrimination Act 1991 (ACT).
Others engaged in university related activity either on or off campus Volunteers, contractors, sub-contractors, visiting academics, adjuncts and others who engage in university-related activities. As a public authority as defined under the Human Rights Act 2004 (ACT), the University’s Human Rights obligations extend more broadly than solely to our staff and students.