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Purpose of Acts and Relevance in the Workplace

1. Go to the website https://www.humanrights.gov.au/our-work/legal/legislation and identify the purpose of the following Acts – what is covered, who does this apply to and what is the relevance in a workplace?
• Age Discrimination Act
• Disability Discrimination Act
• Racial Discrimination Act
• Sex Discrimination Act
• Australian Human Rights Commission Act

2. Current projects that have been implemented as part of the national strategies for each of the following acts can be found on the relevant areas of www.humanrights.gov.au. http://www.humanrights.gov.au/ Review these current projects and analyse the key factors and campaigns which would be beneficial and could be adapted for managing a diverse workplace. Which potential benefits for a workplace can you find in each of these projects?

• Age Discrimination Act
• Disability Discrimination Act
• Racial Discrimination Act
• Sex Discrimination Act

3. Choose 1 of the following options:

a) Review your existing diversity policy in the workplace (if one exists) and compare what is included to what should be included. Identify what is potentially lacking and which of the aspects you have researched could be included

b) Given consideration to the requirements you have identified in Question 1 and the positives you have analysed and identified in Question 2; develop a diversity policy which sufficiently covers all aspects required to manage diversity in a contemporary, modern workplace which fosters effective communication and promotes harmony and an inclusive team

 

4. Develop a bullying/harassment policy that can be used in your workplace. The policy needs to include:
(You may access and reference you state WHS legislation or Fairwork for specific requirements in your state and the following link provides a checklist: Bullying Policy Checklist for employers page – Comcare) http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CEQQFjAC&url=http%3A%2F%2Fwww.comcare.gov.au%2FForms_and_Publications%2Fforms2%2Fsafety_and_prevention_forms%2Fsafety_and_prevention%2Fbully_pol_checklist_for_employees&ei=KMckVL3WGYzr8AXFl4DwBg&usg=AFQjCNGROvMk8tvJx-OMJSHMr7qz8nHr6g&bvm=bv.76247554,d.dGc
• The legal requirements set out by law
• Examples of what is defined as bullying and harassment and what is not
• A clear statement that will outline the processes and procedures to be followed in case of any incident including the stages of informal and formal procedures
• A statement regarding how you will implement this policy in the workplace and ensure that staff are trained and aware on an ongoing basis, as part of an integrated consultation process

Sample Answer

Purpose of Acts and Relevance in the Workplace:
a) Age Discrimination Act:

Purpose: The Age Discrimination Act aims to eliminate discrimination based on age in various areas of public life, including employment.
Coverage: The Act applies to individuals of all ages and prohibits discrimination in employment, education, provision of goods and services, and other areas.
Relevance in the Workplace: The Act ensures that individuals are not treated unfairly or denied opportunities based on their age, promoting equal employment opportunities and creating a diverse and inclusive workplace.
b) Disability Discrimination Act:

Purpose: The Disability Discrimination Act aims to prevent discrimination against individuals with disabilities and promotes equal access and opportunities.
Coverage: The Act applies to individuals with disabilities and protects them from discrimination in various areas, including employment.
Relevance in the Workplace: The Act requires employers to make reasonable adjustments to accommodate employees with disabilities, ensuring equal participation, and fostering a barrier-free work environment that values diversity and inclusion.
c) Racial Discrimination Act:

Purpose: The Racial Discrimination Act aims to combat racial discrimination, promote equality, and foster harmonious race relations.
Coverage: The Act applies to individuals of all races and protects them from racial discrimination in various areas, including employment.
Relevance in the Workplace: The Act ensures that individuals are not subjected to unfair treatment or discrimination based on their race, promoting a workplace culture that values diversity, inclusivity, and equal opportunities for all.
d) Sex Discrimination Act:

Purpose: The Sex Discrimination Act aims to eliminate discrimination based on sex, gender identity, and sexual orientation.
Coverage: The Act applies to individuals of all genders and protects them from sex-based discrimination in various areas, including employment.
Relevance in the Workplace: The Act ensures that individuals are not treated unfairly or denied opportunities based on their sex or gender identity, promoting gender equality and creating a workplace environment that is free from discrimination and harassment.
e) Australian Human Rights Commission Act:

Purpose: The Australian Human Rights Commission Act establishes the Australian Human Rights Commission (AHRC) as an independent statutory body responsible for promoting and protecting human rights in Australia.
Coverage: The Act applies to all individuals within Australia’s jurisdiction.
Relevance in the Workplace: The AHRC provides a platform for individuals to lodge complaints related to discrimination, including workplace discrimination. It plays a vital role in investigating complaints, mediating disputes, and promoting human rights principles in the workplace.
Potential Benefits for a Workplace in Current Projects:
a) Age Discrimination Act:

Current Projects: “National Pre-Employment Program” and “Age Positive” campaign.
Benefits for a Workplace: These projects promote age diversity, challenge ageism, and encourage employers to recognize the skills and experience older workers bring. They can help foster an inclusive workplace culture that values employees of all ages, reduces bias, and maximizes the potential of a multigenerational workforce.
b) Disability Discrimination Act:

Current Projects: “AccessAbility Day” and “Employer Engagement Program.”
Benefits for a Workplace: These projects aim to create opportunities for persons with disabilities by connecting them with employers. They promote inclusivity, challenge stereotypes about disability, and encourage employers to provide reasonable accommodations. By participating in these initiatives, workplaces can tap into a diverse talent pool and create an inclusive work environment.
c) Racial Discrimination Act:

Current Projects: “Racism. It Stops with Me” campaign.
Benefits for a Workplace: This campaign raises awareness about racism, educates about cultural diversity, and promotes inclusive workplaces. It encourages individuals to take responsibility for challenging racism and fosters a workplace environment where everyone feels respected, valued, and included irrespective of their race or ethnicity.
d) Sex Discrimination Act:

Current Projects: “Respect@Work” and “National Inquiry into Sexual Harassment in Australian Workplaces.”
Benefits for a Workplace: These projects address sexual harassment and promote gender equality in the workplace. They provide resources, training, and guidelines for preventing and responding to sexual harassment. By implementing these initiatives, workplaces can create safe, respectful environments that empower all employees and promote gender equity.
Option b) Develop a diversity policy:
Please note that as an AI language model, I don’t have access to your existing diversity policy. However, here is an outline of the key aspects that could be included in a diversity policy:

a) Statement of commitment to diversity and inclusion. b) Definition of diversity, encompassing factors such as age, disability, race, gender, etc. c) Guidelines for promoting equal opportunity and fair treatment for all employees. d) Strategies for recruitment and selection processes that attract diverse candidates. e) Processes for providing reasonable accommodations for employees with disabilities. f) Training programs to increase awareness of diversity issues and reduce bias. g) Procedures for addressing complaints of discrimination or harassment promptly and confidentially. h) Initiatives for creating an inclusive work environment, such as employee resource groups or mentorship programs. i) Regular review and evaluation of the policy’s effectiveness.

It is essential to tailor the policy to your specific workplace needs while incorporating legal requirements and best practices.

Bullying/Harassment Policy:
Please note that developing a comprehensive bullying/harassment policy requires considering specific laws and regulations applicable to your workplace jurisdiction. However, here is a general outline:

a) Legal requirements:

Reference relevant state WHS legislation or Fair Work Act (specific to your jurisdiction).
Comply with any reporting obligations outlined by law.
b) Definition of bullying and harassment:

Clearly define what constitutes bullying and harassment behaviors.
Distinguish between isolated incidents and ongoing patterns.
c) Reporting procedures:

Outline the steps employees should follow when reporting incidents, including both informal and formal procedures.
Provide multiple reporting channels (e.g., direct supervisor, HR department).
d) Investigation process:

Specify how incidents will be investigated promptly and impartially.
Ensure confidentiality throughout the investigation process.
e) Consequences and disciplinary action:

Clearly state the consequences for individuals found guilty of bullying or harassment.
Outline disciplinary procedures aligned with company policies.
f) Support mechanisms:

Provide information on available support resources such as counseling or employee assistance programs.
Encourage bystander intervention and support for victims.
g) Training and awareness:

Outline how the policy will be communicated to all employees through training programs.
Specify ongoing training initiatives to raise awareness about bullying/harassment prevention.
h) Review process:

Commit to regularly reviewing the policy’s effectiveness to ensure it remains up-to-date with legislative changes and best practices.
It is crucial to adapt this policy to your specific workplace needs while considering legal requirements applicable in your jurisdiction.

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