Ladder Code of Conduct policy

General Code of Conduct Obligations

Workers must at all times:

a. act in good faith and in the best interests of Ladder;
b. use best endeavours to promote the development, profitability, interests and welfare of Ladder;
c. honestly, faithfully and diligently obey and perform all lawful orders and instructions of, and exercise the powers which from time to time may be assigned to them;
d. not misuse Ladder's property or services, or allow such misuse by other persons; and
e. ensure there is no conflict between Ladder's interests and their personal interests, and immediately disclose to Ladder full details of any conflict of interest or potential conflict of interest that may arise.

Scope of the policy

This policy aims to:

• uphold the right of all people in the workplace to a safe working environment free from unlawful discrimination, bullying and sexual harassment.
• establish and maintain a working environment that is free from unlawful discrimination, bullying and sexual harassment and where all members of Ladder and the young people in Ladder programs are treated with dignity, courtesy and respect.
• complement appropriate training and awareness strategies.
• ensure that effective procedures are in place should the code of conduct be breached.
• treat all complaints in a sensitive, fair, timely and confidential manner.
• ensure protection from any victimisation or reprisals.
• encourage the reporting of all incidents of unlawful discrimination, bullying and sexual harassment.
• take appropriate disciplinary action against any person found to be in breach of Ladder’s Code of Conduct Policy.
• promote appropriate standards at all times.

This policy applies to the workplace and to the provision of services by Ladder.

Ladder is committed to providing a working environment free from bullying, unlawful discrimination or sexual harassment. Any reports of breaches of the Code of Conduct Policy will be treated seriously and sympathetically by Ladder and will be investigated appropriately.

Ladder will ensure that complainants and witnesses are not victimised in any way. Disciplinary action will be taken against anyone found guilty of unlawfully discriminating against, bullying or sexually harassing a co-worker.

Unlawful discrimination

Discrimination may take various forms. It is defined in different ways, by different laws, throughout Australia. Ladder will not tolerate unlawful discrimination (including sexual harassment), especially in employment and in the provision of goods and services, whether this occurs on Ladder premises or at external functions or activities connected to Ladder.

Discrimination may occur when people are treated differently, but it is important to note that it may also occur even though everyone is treated in the same way. Discrimination is linked to protected characteristics and may also be based on a past characteristic, a future characteristic, the presumption that a person has or had a particular characteristic, and/or upon actual knowledge that person has or 
had a particular characteristic. Discrimination may occur even where there is no intention to discriminate.

Direct discrimination is defined in various ways under different laws. It can occur when someone treats or proposes to treat a person less favourably than another person on the basis of a certain characteristic. 

EXAMPLE: Refusing to employ people from a certain ethnic background would be direct discrimination based on race.

Indirect discrimination is also defined in various ways under different laws. Broadly, it involves imposing an unreasonable condition, requirement or practice, that is likely to disadvantage a person with a protected characteristic or attribute. Some laws also consider whether it is more difficult for such people to comply with the condition, requirement or practice. 

EXAMPLE: requiring employees to work without any head covering would discriminate against people from certain religious backgrounds, who wear head coverings. If working without a head covering is not crucial to the work, it is an unreasonable requirement, condition or practice that is likely to disadvantage people in a protected category.

There are other ways in which discrimination may occur.

If a person with a disability requires adjustments in order to perform the genuine and reasonable or inherent requirements of employment, or to participate in or access a service or derive substantial benefit from the service, an employer or provider of services (as applicable) must make those adjustments, provided they are reasonable.

The key issue will be whether the adjustments are ‘reasonable’ or not and whether (in the case of employment), even after the adjustment is made, the employee could still not adequately perform the genuine and reasonable or inherent requirements of the employment or (in the case of provision of service) the person could not participate in or access the service or derive any substantial benefit from the service even after the adjustment is made.

Discrimination may also occur where an employer unreasonably refuses to accommodate the responsibilities of a parent or carer. Again, in deciding whether this type of discrimination has occurred, all relevant facts and circumstances will be considered.

Discrimination can occur in the recruitment process, during the course of employment or upon termination of employment, or within the delivery of a Ladder program or service.

The summary below, which is based on material provided by the Australian Human Rights Commission, sets out who is protected from discrimination under various laws, in the States in which Ladder operates.

Age Discrimination Act 2004
• Discrimination on the basis of age – protects both younger and older people. 
• Also includes discrimination on the basis of age-specific characteristics or characteristics that are generally imputed to a person of a particular age.

Disability Discrimination Act 1992
• Discrimination on the basis of physical, intellectual, psychiatric, sensory, neurological or learning disability, physical disfigurement, disorder, illness or disease that affects thought processes, perception of reality, emotions or judgement, or results in disturbed behaviour, and presence in body of organisms causing or capable of causing disease or illness (eg, HIV virus).
• Also covers discrimination involving harassment in employment, education or the provision of goods and services.

Racial Discrimination Act 1975
• Discrimination on the basis of race, colour, descent or national or ethnic origin and in some circumstances, immigrant status. 
• Racial hatred, defined as a public act/s likely to offend, insult, humiliate or intimidate on the basis of race, is also prohibited under this Act unless an exemption applies.

Sex Discrimination Act 1984
• Discrimination on the basis of sex, marital or relationship status, pregnancy or potential pregnancy, breastfeeding, family responsibilities, sexual orientation, gender identity, and intersex status.
• Sexual harassment is also prohibited under this Act.Fair Work Act 2009
• Discrimination [adverse action] on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction, and social origin.

New South Wales: Anti-Discrimination Act 1977 (NSW)
• Discrimination on the basis of race, including colour, nationality, descent and ethnic, ethnoreligious or national origin, sex, including pregnancy and breastfeeding, marital or domestic status, disability, homosexuality, age, transgender status, and carer responsibilities.
• Sexual harassment and vilification on the basis of race, homosexuality, transgender status or HIV/AIDS status are also prohibited under this Act.

Victoria: Equal Opportunity Act 2010 (VIC)
• Discrimination on the basis of age, breastfeeding, disability, employment activity, gender identity, industrial activity, lawful sexual activity, marital status, parental status or status as a carer, physical features, political belief or activity, pregnancy, race (including colour, 
nationality, ethnicity and ethnic origin), religious belief or activity, sex, sexual orientation, expunged homosexual conviction and personal association with someone who has, or is assumed to have, any of these personal characteristics.
• Sexual harassment is also prohibited under this Act.

Victoria: Racial and Religious Tolerance Act 2001 (VIC)
• Vilification on the basis of race or religion is prohibited under this Act.

Western Australia: Equal Opportunity Act 1984 (WA)
• Discrimination on the basis of sex, sexual orientation (including by association), marital status, pregnancy, breastfeeding, race, religious or political conviction, age (including by association), impairment (including by association), family responsibility or family status, gender history, and publication of relevant details on Fines Enforcement Registrar’s website. 
• Sexual harassment and racial harassment are also prohibited under this Act.

Western Australia: Spent Convictions Act 1988 (WA)
• Discrimination on the basis of having a spent conviction is prohibited under this Act.

There are various exceptions and exemptions which may apply, depending on the circumstances (for 
example, where the health and safety of a worker needs to be protected).

Victimisation

It is also against the law to victimise someone (by subjecting or threatening to subject them to disadvantage, detriment or injury) because they have:

a) Made an allegation or complaint under anti-discrimination laws or indicated that they may do so;
b) Supported someone who has made such a complaint or another party to a proceeding under anti-discrimination laws; or
c) Refused to engage in conduct which would offend anti-discrimination laws. 

Victimisation is unlawful. Ladder will not tolerate victimisation.

Sexual harassment

Sexual harassment is defined in various ways, but, throughout Australia, sexual harassment is:

• the making of an unwelcome sexual advance or unwelcome request for sexual favours or
• the engaging in any other unwelcome conduct of a sexual nature in relation to another person
where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the other person would be offended, humiliated or intimidated. Ladder will not tolerate sexual harassment.

Sexual harassment can take many forms and may include: 

• belittling jokes or comments based on gender stereotypes.
• behaviour that insists that gender stereotypes be maintained.
• uninvited touching, kissing or embracing.
• behaviours or actions that are sexual in nature, such as gestures or body language.
• making promises or threats in return for sexual favours.
• displays of sexually graphic material including posters, cartoons and screen savers.
• repeated invitations to go out after prior refusal.
• staring or leering at a person or parts of their body.
• sexually explicit conversation.
• persistent questions or insinuations about a person’s private sex life.
• any behaviour that creates a sexually hostile work environment

Bullying

Bullying is repeated unreasonable behaviour towards a worker that creates a risk to health and safety. The reasons for bullying behaviour may be much broader than those applying to unlawful discrimination or sexual harassment (e.g., a person may be bullied because they are seen to be quiet or weak). Ladder will not tolerate bullying.

Examples of bullying include:

• hurtful jokes or comments.
• isolating someone or encouraging other people to isolate someone.
• unfair or excessive criticism.
• using abusive language.
• harmful initiation “rituals”.

Consequences

Where discrimination, sexual harassment and/or bullying have occurred, the consequences for the person or persons responsible will vary, depending on the seriousness of the conduct and other relevant matters (refer to the Performance Management and Development Policy). 

Workers are responsible for promoting a positive work and program environment and being committed to the prevention of harassment, bullying and unlawful discrimination. They are required to:

• comply with this policy and procedure.
• respect the rights of others and model appropriate behaviour at work and within Ladder programs to ensure a working and program environment free from sexual harassment, bullying and unlawful discrimination.
• participate in appropriate training.
• report incidents witnessed to the appropriate Manager.
• maintain confidentiality if involved in the resolution or investigation of a complaint.
• ensure they do not lodge a false complaint.

If any worker becomes aware that a co-worker or a young person within a Ladder program is being sexually harassed, bullied or unlawfully discriminated against, they can help prevent it by offering support to the person and bringing it to the attention of management.

Prevention

Principles

Ladder aims to prevent all the unlawful behaviour described above through promotion of this policy. Ladder aims to achieve this by:

• creating a working environment which is free from unlawful behavior (including bullying, unlawful discrimination, sexual harassment, victimisation and adverse action) and where all who work in or have contact with Ladder are treated with dignity, courtesy and respect.
• implementing training and awareness raising programs about rights and responsibilities.
• providing an effective procedure for complaints based on the principles of fairness.
• treating all complaints in a sensitive, fair, timely and confidential manner, respectful of the rights of all who are involved.
• providing protection from any victimisation or reprisals.
• encouraging the reporting of unacceptable behavior.
• promoting appropriate standards of conduct at all times.
• everyone has the right to be treated with respect.
• everyone has the right to “due process” (for example, the person against whom the allegation is made has the right to know what is alleged against them, the right to put their case in reply and the right for any decision to be made by an impartial decision maker).
• complaints will be treated in confidence and where confidentiality cannot be guaranteed this will be clearly indicated. If legal proceedings are issued, the usual principles concerning litigation will apply and the matter may become public.

Workers who consider that they are being sexually harassed, bullied or unlawfully discriminated against are encouraged to address the problem early. Different circumstances may call for different approaches, but some options are set out below. Note that in some cases, if management becomes aware that inappropriate conduct may be occurring, management may decide that appropriate action needs to be taken for health and safety or similar reasons.

Informal Complaints 

The matter may be approached informally if the person feels comfortable doing so. This could include speaking to the person concerned and resolving the matter (if appropriate) and/or seeking advice on possible strategies from their Manager or any Manager on the Ladder Management Team.

Code of Conduct philosophy

Ladder prides itself on the professionalism and ability of its workers to meet community needs. Ladder strives to be a leading service provider and to provide a safe, healthy and happy environment. 

This Code of Conduct is designed to ensure that all those who interact with Ladder are treated in a manner that reflects the mission, culture and legal obligations of Ladder. 

Compliance 

All workers are expected to:

• observe all policies, procedures, rules and regulations at all times.
• comply with all Federal, State and local laws and regulations.
• comply with all reasonable, lawful instructions and decisions related to their work.
• maintain a high degree of ethics, integrity, honesty and professionalism in dealing with community members and other employees.
• maintain the confidentiality of Ladder’s operations in relation to service activities, confidential documentation and work practices during and after their employment.
• take reasonable steps to ensure their own health, safety and welfare in the workplace, as well as that of other employees, the people we work with and community members. Workers are expected to make themselves familiar with their workplace health and safety 
obligations.

Fair, safe and ethical work environment

An ethical environment relies upon individuals having responsibility for their own professional behaviour. 

Ladder has a responsibility to provide a safe, encouraging and supportive work environment that recognises and values staff diversity, abilities and contributions. 

All workers are entitled to be treated with respect and work in a safe environment.

Equally, workers have a responsibility to act with integrity, honesty, transparency and impartiality in their dealings with colleagues, young people, stakeholders and members of the wider community.

Workers must take care not to put themselves or other members of the Ladder community at risk or reduce their ability to carry out their duties through unsafe practices, inappropriate behaviours or the misuse of alcohol or drugs. 

Every effort should be made to ensure that young people (particularly those under 18 years of age) are safe and secure on Ladder premises or at external functions or activities connected to Ladder.

Ladder staff behaviour

If a worker breaches this policy, disciplinary action may be taken. 

If the breach of conduct is also unlawful, it will be addressed in accordance with relevant Federal, State or local government laws.

Workers should not:

• breach the policies set out in this Handbook.
• steal, damage or destroy property belonging to the organisation, its employees or community members.
• work intoxicated or under the influence of controlled or illegal substances.
• bring controlled or illegal substances to the workplace.
• smoke on Ladder’s premises or in its motor vehicles.
• accept benefits or gifts that give rise to a real or apparent conflict of interest.

Conflict of interest

The potential for a conflict of interest arises when a worker has private interests that could influence or appear to influence judgements made during the course of their professional duty. 

Workers must ensure that there are no real or apparent conflicts of interest with respect to:

• the misuse of influence to further personal, sexual and financial relationships, whether with other staff, young people or stakeholders.
• making decisions and providing advice.
• external, private work including directorships and board memberships.
• use of confidential information.

Workers must not solicit gifts or benefits that might in any way compromise or influence them in their capacity as representatives of Ladder. A worker may give or receive a gift that is offered as part of a social, cultural or ceremonial practice. Please refer to the Ladder Gift Policy for further information.

Should a worker have a financial interest in a company or entity that is in a position to influence a contract for business between that company and Ladder, this interest should be declared to his/her Manager before acting for Ladder in matters with the company.

Where workers are working with family members or with persons with whom they develop a close personal relationship or such relationships exist with prospective staff they must be aware that this has the potential to create a conflict of interest if one staff member is, for example:

• involved in a decision relating to the selection, appointment or promotion of another.
• in a supervisory relationship to another and is responsible for employment related decisions

Any worker who is unsure if a conflict of interest exists must seek advice from a more senior member of staff.

Dress code

Workers should:

• dress to comply with workplace health and safety regulations relevant to their work activities.
• dress suitably for their position, presenting a clean, neat and tidy appearance at all times.
• consult with the Manager or Program Supervisor if unsure of the type of clothing appropriate to their position.

Confidential information

Please refer to the Ladder Privacy Policy for further information relating to the collection and storage of confidential information and data.

Dealing with aggressive behaviour 

Workers are expected to provide high standards of service, but Ladder does not accept any form of aggressive, threatening or abusive behaviour towards workers, including by community members. 

Workers who believe a situation places them or other employees in danger, should notify their Manager.

Use of computers, telephones, facsimiles

Unauthorised access and use of confidential information can severely damage the reputation of the 
organisation and undermine personal privacy. 

Workers should: 

• use communication and information devices for officially approved purposes only.
• use these communication and information devices for limited personal use, as long this use does not interfere with their daily duties.
• not share their password/s with others.

Use of the Internet and email 

Internet and email are provided to workers for genuine work-related purposes. Workers should:

• limit personal use to a minimum. 
• comply with copyright regulations generally and especially when using the Internet or email.

Workers should not engage in behaviour harmful to the interests of Ladder, including by: 

• divulging personal or confidential information via the Internet, email or social media.
• using the Internet to access websites or send emails or other communications of an offensive nature. 

There may be cases where access to emails and other communications generated with or on work equipment becomes relevant for other purposes, such as ensuring that policies are being observed or that the workplace is safe. 

All workers are responsible for ensuring compliance with the Code of Conduct Policy

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Child Safe Standards (CSS)

Ladder is committed to the safety and wellbeing of all children and young people with whom we work (Participants). For our policy on Child Safe Standards, please click here.