Ocpe.nt.gov.au

Northern Territory of Australia

Public Sector Employment and Management Act f 993 Employment Instruction I3 - Appropriate Workplace Behaviour

I, Nicole HUIwood, Commissioner of Public Employment ("the Commissioner"), give the following employment instruction under section I6 of the Public Sector Employment and Management Act 1993 ("the Act")

Citation

This employment instruction may be cited as Employment Instruction 13 Appropriate Workplace Behaviour.

2 Purpose This Employment Instruction (El) sets out: a) the requirement for all employees to behave appropriate Iy in the workplace; by the requirement for Chief Executive Officers (CEO) to positively promote the prevention of; and commitment to, a Northern Territory Public Sector (NTPS) free from all forms of bullying, discrimination, sexual harassment, victimisation and violence; c) the NTPS definition of workplace bullying and inappropriate behaviour;

and

d) is issued in accordance with section 16 of the Public Sector Employment and Management Act 1993 (the Act).

Note

This employment Ihstruction must be read Ih conjunction with the NTPS Values, section 5F (Perlormance and Conduct Principle) of the Act, ' and a 3 (Natural Justice),' and El 72 (Code of ConducOl

3 Definitions

In this Employment Instruction:

Workplace bullying is repeated, inappropriate, unreasonable behaviour

directed toward an employee or employees that creates a risk to health

and safety in the workplace.

OFFICE OF THE PARLIAMENTARY COUNSEL 16/08/20243:11 PM

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Repeated behaviour refers to the persistent nature of the behaviour and

can refer to a patten of related behaviours over time. Inappropriate or unreasonable behaviour is behaviour that a

reasonable person, having regard to the circumstances, would find unacceptable, humiliating, threatening, victimising or undermining to an employee's mental wellbeing and right to respect and dignity in the

workplace.

Workplace refers to a place where a person performs work and includes

work-related activities (e. g. office social functions, work-related travel, etc. )

or actions which may occur outside of the usual place of work but are connected to an employee's work (e. g. social media comments about

other employees).

Discrimination refers to any distinction, restriction, exclusion or preference made on the basis of an attribute listed in Part 3 of the Northern Territory Anti-Discrimination Act 7992 that has the effect of nullif in or impairing equality of opportunity Sexual harassment takes place if a person :

(a) subjects another person to an unwelcome act of physical

intimacy; or

(b) makes an unwelcome demand or request (whether directly or by implication) for sexual favours from the other person; or

(c) makes an unwelcome remark with sexual connotations; or

(d) engages in any other unwelcome conduct of a sexual nature,

and:

(e) that person does so:

(1) with the intention of offending, humiliating or intimidating

the other person; or

(ii) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct; or

(f) that other person is, or reasonably believes they are likely to

be, subjected to some detriment if they object to the act,

demand, request, remark or conduct.

OFFICE OF THE PARLIAMENTARY COUNSEL

16/08/20243:11 PM

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victimisation occurs if a person subjects or threatens to subject another erson

or an associate of the other person to any detriment

Violence refers to behaviours (or patterns of behaviour) that cause harm. Violence can occur in the form of assault, threat, abuse, neglect or harassment and is often used by a person, or people, to intimidate, harm or

control others.

4 Appropriate Workplace Behaviour 4.1 Employees must:

(a) carry out their duties objective Iy, professional Iy and with integrity;

(b) treat other public sector officers, customers and all members of the public, particularly the most vulnerable, fairly, equitably, and with

proper courtesy, respect and consideration, and act in a manner consistent with the NTPS Values, Principle and the NTPS Code of Conduct; and

(c) report acts of bullying, discrimination, sexual harassment, victimisation and violence as soon as practicable after they occur.

4.2 Managers have a responsibility to positively promote a culture of respect in the workplace and to ensure employees are treated appropriate Iy and not subjected to bullying or victimisation. 4.3 The NTPS will not accept inappropriate workplace behaviour or bullying and will deal with it in a fair and timely manner in accordance with the provisions of the Act and supporting legislation.

^91

Commissioner for Public Employment

Dated I'j 9^Un, cub+' ^, 02, ,L^

[Schedule]

OFFICE OF THE PARLIAMENTARY COUNSEL 16/08/20243:I I PM

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