Policy Statement

Bendigo TAFE is committed to promoting equal opportunity in education and employment, and is therefore committed to ensuring that staff and students can avail themselves of employment, education and training regardless of gender, socioeconomic background, disability, ethnic origin, age, race, language, geographic isolation, sexuality, work commitments, family responsibilities or any other significant difference.

Bendigo TAFE promotes recognition and acceptance within the Bendigo TAFE community that all persons have the same fundamental rights, and that the policies and procedures of Bendigo TAFE ensure the effective recognition and observance of these rights.

Bendigo TAFE will take all reasonable steps to identify and eliminate unlawful direct or indirect discrimination from its structures, procedures and practices in order to promote equality of opportunity for all its staff and students (current and prospective). Bendigo TAFE will demonstrate a commitment to social justice and equality of access and opportunity within the Institute as required by legislation.

Full consideration and support for students is in-built through Bendigo TAFE’s education practices, procedures, academic support and curriculum design so that students can enter Bendigo TAFE on merit and have equal opportunities for success. Bendigo TAFE undertakes to continually improve access, support, retention, participation and successful outcomes for all students.

Definitions

Discrimination means direct or indirect discrimination on the basis of an attribute.

Discrimination on the basis of an attribute includes discrimination on the basis:-
 (a) that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination;
 (b) of a characteristic that a person with that attribute generally has;
 (c) of a characteristic that is generally imputed to a person with that attribute;
 (d) that a person is presumed to have that attribute or to have had it at any time.

The Victorian Equal Opportunity Act (1995) states that discrimination on the basis of the following attributes is prohibited:

• age
• breastfeeding
• gender identity
• impairment
• industrial activity
• employment activity
• lawful sexual activity
• marital status
• parental status or status as a carer
• personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes
• physical features
• political belief or activity
• pregnancy
• race
• religious belief or activity
• sex
• sexual orientation

Direct discrimination occurs if a person treats, or proposes to treat, someone with an attribute less favourably than the person treats or would treat someone without that attribute, or with a different attribute, in the same or similar circumstances.

 In determining whether a person directly discriminates it is irrelevant:-
 (a) whether or not that person is aware of the discrimination or considers the treatment less favourable;
 (b) whether or not the attribute is the only or dominant reason for the treatment, as long as it is a substantial reason.

 Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice:-
 (a) that someone with an attribute does not or cannot comply with; and
 (b) that a higher proportion of people without that attribute, or with a different attribute, do or can comply with; and
 (c) that is not reasonable. 

Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including-
 (a) the consequences of failing to comply with the requirement, condition or practice;
 (b) the cost of alternative requirements, conditions or practices;
 (c) the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice.

In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.

Equity of opportunity and access: Refers to policies and procedures that ensure admissions processes and training programs are responsive to the diverse need of all students.

This policy covers all employees, representatives and students of Bendigo TAFE and persons seeking to enrol at Bendigo TAFE. Additionally, Bendigo TAFE requires that the conduct of visitors comply with the requirements of this policy.

Managers and supervisors are responsible for understanding the legislation and ensuring that the workplace and study environment are safe and free from discrimination under the grounds covered by this policy.

Managers and supervisors are also responsible for ensuring that equal opportunity principles are adhered to in order to promote equal employment opportunity.

The Chief Executive Officer is responsible for the overall management of this Policy.

References

Victorian Equal Opportunity Act 1995 (Victoria)
Racial and Religious Tolerance Act 2001 (Victoria)
Sex Discrimination Act 1984 (Commonwealth)
Racial Discrimination Act 1975 (Commonwealth)
Disability Discrimination Act 1992 (Commonwealth)
Age Discrimination Act  2004 (Commonwealth)
Racial Hatred Act 1995 (Commonwealth)
Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth)
VET Quality Framework

Associated Documents

Bendigo TAFE Policies and Procedures

Staff Related

Pol200 Human Resources Policy Pol203 Staff Code of Conduct
Proc211 Staff Discipline Procedure Pol212 Redeployment & Redundancy Policy
Proc214 Termination of Employment Proc205 Staff Grievance Procedure
Proc704 Harassment Procedure Proc202 Equality of Access Procedure
Proc201 Employment (Recruitment and Selection) Procedure
Proc200 Job Review Design & Marketing Procedure
Pol107 Disability Policy

Student Related

Pol602 Conduct of Examinations   Pol504 Student Discipline Policy
Proc505 Student Grievance Procedure  Proc704 Harassment Procedure
Pol107 Disability Policy

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