In line with obligations under Commonwealth legislation, FTA is committed to promoting a fair and equitable environment for personnel and clients that is free from discrimination, harassment and vilification.

Access and equity means policies and approaches aimed at ensuring that VET is responsive to the individual needs of clients whose age, gender, cultural or ethnic background, disability, sexuality, language skills, literacy or numeracy level, unemployment, imprisonment or remote location may present a barrier to access, participation and the achievement of suitable outcomes.

Access and Equity principles include:

• Equity for all individuals through the fair and appropriate allocation of resources;
• Equality of opportunity for all individuals without discrimination;
• Access for all individuals to appropriate quality training and assessment services; and
• Increased opportunity for individuals to participate in training.

Disadvantaged groups include the following groups who traditionally have been under-represented in Vocational Education and Training:

• Individuals with a disability;
• Aboriginals and Torres Strait Islanders;
• Women;
• Individuals from non-English speaking backgrounds;
• Individuals in rural and remote areas; and
• Long term unemployed.

Inclusive Learning

Inclusive learning is about a fair go for everyone. Everyone has a right to learn, everyone can learn, but many people do not get fair access to learning opportunities.

Everyone learns differently

Everyone can learn. Good trainers partner with Students to empower them to achieve to their potential. FTA trainers ensure Students feel connected, supported and valued as individuals and as part of a community of Students.

Being inclusive is everyone’s responsibility

FTA trainers use a variety of training methods, encourage respectful interaction, seek feedback from Students, collaborate with specialists when they need extra help and continually update their skills.

Students bring existing knowledge and skills

FTA trainers ensure teaching and learning activities have contextual application and relevance. Learning is productive, meaningful and engaging, and builds on the Student’s existing capabilities.

Five core skills underpin all learning

The skills of oral communication, reading, writing, numeracy and learning need special attention. FTA trainers actively recognise the need for Students to continually update and build core skills for new contexts and are supported to identify and action Student skills gaps.

Key Inclusive Learning Actions

Support for Students with Additional Needs

FTA is committed to complying with Commonwealth and State legislation and policies regarding access, equity and cultural diversity. This legislation includes the Disability Discrimination Act 1992 (Cth), the Anti-discrimination Act 1998 (Cth) and the Anti-Discrimination Act 1977 (NSW).

FTA also maintains compliance with the Disability Standards for Education 2005 (Cth) including processes relating to:

• Enrolment;
• Participation;
• Curriculum development, accreditation and delivery;
• Student support services; and
• Elimination of harassment and victimisation.

FTA strives to maximise opportunities for access, participation and outcomes for all students within the vocational education, training and employment system.

FTA undertakes to identify and, where possible, remove barriers that prevent individuals from accessing and participating in our services. FTA is committed to treating all prospective and actual students on the same basis.

On the same basis

A person with a disability is able to seek admission to, or apply for enrolment in, an institution on the same basis as a prospective student without a disability if the person has opportunities and choices in admission or enrolment that are comparable with those offered to other prospective student without disabilities.

FTA ensures it treats prospective students with a disability on the same basis as prospective students without a disability as it makes any decisions about admission or enrolment on the basis that reasonable adjustments will be provided.

An adjustment is a measure or action (or a group of measures or actions) taken by FTA that has the effect of assisting a student with a disability:

• In relation to an admission or enrolment — to apply for the admission or enrolment;
• In relation to a course or program — to participate in the course or program; and
• In relation to facilities or services — to use the facilities or services;

On the same basis as a student without a disability, and includes an aid, a facility, or a service that the student requires because of his or her disability.

Reasonable adjustments

An adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected. In assessing whether a particular adjustment for a student is reasonable, FTA has regard to all the relevant circumstances and interests, including the following:

• The student’s disability;
• The views of the student or the student’s associate;
• The effect of the adjustment on the student, including the effect on the student’s:
  • Ability to achieve learning outcomes; and
  • Ability to participate in courses or programs; and
  • Independence;
• The effect of the proposed adjustment on anyone else affected, including FTA, personnel and other students; and
• The costs and benefits of making the adjustment.

Student Rights and FTA Responsibilities

Process for Considering Adjustments

FTA provides equitable access to all required educational and support services, so that no student is disadvantaged regardless of their mode of study or location. Where there may be limitations regarding access to these resources, FTA provides clear advice in pre-enrolment information so all clients can make an informed choice about which RTO and course of study best meets their needs.

FTA embraces the responsibility of ensuring that all personnel acquire the knowledge and skills to relate to students without direct or indirect discrimination. All personnel are aware of and know how to use available FTA or external resources or be able to confidently refer students to appropriate tutoring and community support services.

All personnel continue to expand their knowledge or access and equity issues through induction processes when joining FTA, and in structured professional development on a regular basis (at least annually) in access and equity issues and resources.

FTA personnel have access to a range of access and equity materials designed to assist students in undertaking and completing courses and qualifications.

In assessing whether an adjustment to the course of the course or program in which the student is enrolled, or proposes to be enrolled, is reasonable, FTA is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature.

Consulting the student

Before FTA makes an adjustment for the student, the student or their associate is consulted about:

• Whether the adjustment is reasonable;
• The extent to which the adjustment would achieve the aims in relation to the student; and
• Whether there is any other reasonable adjustment that would be less disruptive and intrusive and no less beneficial for the student.

Deciding on an adjustment to be made

In deciding whether to make a particular reasonable adjustment for a student, FTA:

• Assesses whether there is any other reasonable adjustment that would be less disruptive and intrusive and no less beneficial for the student; and
• Assesses whether the adjustment may need to be changed over the period of a student’s education or training.

A detailed assessment, which might include an independent expert assessment, may be required in order to determine what adjustments are necessary for a student. The type and extent of the adjustments may vary depending on the individual requirements of the student and other relevant circumstances. Multiple adjustments may be required and may include multiple activities.

Assessing reasonable adjustments

In assessing whether a particular adjustment is reasonable for the student with a disability, FTA takes into account:

• The nature of the s student’s disability;
• The information provided by, or on behalf of, the student about how the disability affects the student’s ability to participate;
• Views of the student, or an associate of the student, about whether a proposed adjustment is reasonable and will enable the student with a disability to access and participate in education and training opportunities on the same basis as students without disabilities;
• Information provided by, or on behalf of, the student about his or her preferred adjustments;
• The effect of the proposed adjustment on the student, including the student’s ability to participate in courses or programmes and achieve learning outcomes;
• The effect of the proposed adjustment on anyone else affected, including FTA operations, personnel and other students; and
• The costs and benefits of making the adjustment.

In making a reasonable adjustment, FTA ensures that the integrity of the course or program and assessment requirements and processes are maintained.

FTA acts upon information about an adjustment in a timely way that optimises the student’s participation in education or training.

In meeting its obligations to provide reasonable adjustments, FTA may provide an alternative adjustment to the student’s preferred form of adjustment, if the alternative is effective in achieving the desired purpose.

Unjustifiable Hardship

Once a reasonable adjustment has been determined, FTA adjustment may consider if the adjustment would impose unjustifiable hardship on its operations.

In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are taken into account including:

• The nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; and
• The effect of the disability of a person concerned; and
• The financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.

In determining whether unjustifiable hardship applies, FTA:

• Takes into account information about the nature of the student’s disability, his or her preferred adjustment, any adjustments that have been provided previously and any recommended or alternative adjustments. This information may be provided by the student, an associate of the student or independent experts (or a combination of those persons);
• Ensures that timely information is available to the student, or an associate of the student about the processes for determining whether the proposed adjustment would cause unjustifiable hardship; and
• Ensures that these processes maintain the dignity, respect, privacy and confidentiality of the student and the associates of the student, consistent with the rights of the rest of the community.

Where a claim of unjustifiable hardship is made, FTA has taken into account all the financial and other resources that are reasonably available for the purpose of making any necessary adjustments for the student, and the impact of those adjustments on its capacity to provide education of high quality to all students while remaining financially viable.

FTA considers all costs and benefits both direct and indirect that are likely to result, the student and any associates of the student, and any other persons in the learning or wider community, including:

• Costs associated with additional personnel, the provision of special resources or modification of the curriculum;
• Costs resulting from the student’s participation in the learning environment, including any adverse impact on learning and social outcomes for the student, other students and teachers; and
• Benefits deriving from the student’s participation in the learning environment, including positive learning and social outcomes for the student, other students and teachers, and any financial incentives, such as subsidies or grants, available to the provider as a result of the student’s participation.

Where FTA decides to rely on unjustifiable hardship, it ensures that a notice stating the decision and the reasons for the decision is given to the student, or an associate of the student, as soon as practicable after the decision is made.

Implementing Reasonable Adjustments

FTA takes reasonable steps to ensure that any adjustment required to be made is made within a reasonable time. Whether the time is reasonable depends, in particular, on whether and when the student, or his or her associate, has provided:

• In a timely way, any relevant information in the possession of the student or associate about how the disability affects the student in relation to education or training; and
• The student’s or the associate’s opinion about the matters.

Where reasonable adjustments are implemented, a detailed training and assessment plan including timetables, notes regarding the required adjustments, and any related communications regarding the adjustments is maintained in the student’s file.

Support Services

The following support services are available and accessible for all students studying with FTA. FTA will provide students with contact details to refer any matters that require further follow up with relevant professionals.

Discrimination

Discrimination can be direct, indirect or systemic.

Direct discrimination is any action which specifically excludes a person or group of Individuals from a benefit or opportunity, or significantly reduces their chances of obtaining it, because their status or personal characteristics, irrelevant to the situation (e.g., sex, ethnic origin) are applied as a barrier. Direct discrimination has as a focus assumed differences between Individuals.

Indirect discrimination is the outcome of rules, practices and decisions which treat Individuals equally and therefore appear to be neutral; but which, in fact, perpetuate an initially unequal situation and therefore significantly reduce a person’s chances of obtaining or retaining a benefit or opportunity. Rules, practices and decisions are applied to all groups alike but it is the very assumption of a likeness that constitutes the discrimination.

Systemic discrimination is system of discrimination perpetuated by rules, practices and decisions which are realised in actions that are discriminatory and disadvantage a group of Individuals because of their status or characteristics and serve to advantage others of different status or characteristics. Direct and indirect discrimination contribute to systemic discrimination.

Bullying & Harassment

Bullying is repeated, unreasonable behaviour directed towards an individual or a group of individuals that creates a risk to health and safety and is unlawful. Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.

Unreasonable behaviour means behaviour that a reasonable person, having regard for the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating intimidating or threatening. Examples of bullying may include (but are not limited to):

• A manager or supervisor using a management style that is harsh, involves shouting, constant criticism or humiliation of an individual or group of individuals in private or in front of their peers;
• An individual being treated less favourably by another individual or group of individual, including, but not limited to, bullying or intimidation; forcing an individual to participate in an “initiation” process; the playing of practical jokes or forcing an individual to undertake demeaning tasks;
• Sniggering or gossiping behind someone’s back;
• Laughing at someone which is intended to make them feel uncomfortable or distressed;
• A manager setting unreasonable timelines or constantly changing deadlines for an individual to meet, or setting tasks that are unreasonably below or beyond a person’s skill level; and/or
• Continuously and deliberately excluding someone from workplace activities including ignoring or keeping individuals isolated from relevant communications about work issues.

FTA is committed to providing a workplace and client services which are free from bullying, harassment and unlawful discrimination. FTA aims to ensure all those participating in the workplace and services are treated with respect, dignity and fairness with an aim of creating an environment which promotes positive working relationships.

FTA ensures that all stakeholders understand what will be regarded as bullying, how complaints of bullying can be made and how claims will be treated. This applies to all personnel, agents and clients engaging in FTA’s services.

FTA expectations are not limited to the workplace or working hours, and will include all work related events which includes, but is not limited to; lunches, client functions, meetings and conferences as well as social events.

FTA expectations relate to, but are not limited by the following types of communication:

• Verbal communication either over the telephone or in person in the workplace, and outside of it;
• Written communication including; letters, notes, minutes of meetings etc.;
• Internal and external electronic communication including:
  • Email;
  • Instant messaging services;
  • Internal intranet;
  • Faxes;
  • Social media and networking forums including; Facebook, LinkedIn, Twitter and other forms of social media; and
  • Communications via text message.

In line with FTA’s commitment to creating a workplace which is free from workplace health and safety risks and one which strives to create positive working relationships, all individuals are expected to observe the following minimum standards of behaviour, including:

• Being polite and courteous to others;
• Being respectful of the differences between Individuals and their circumstances;
• Ensuring they do not engage in any bullying behaviour(s) towards others in, or connected with the workplace which includes all individuals;
• Ensuring they do not assist, or encourage others in the workplace, or in connection with the workplace to engage in bullying behaviour(s) of any type;
• Adhering to the complaint procedure if they experience any bullying behaviour(s) personally;
• Reporting any bullying behaviour(s) they see happening to others in the workplace, or connected with the workplace in line with the complaint procedure; and
• Keeping information confidential if involved in any investigation of bullying.

Fair and reasonable management action taken in order to counsel an individual for instances of underperformance, investigating complaints made against personnel, discipline for misconduct and other work directions in line with business needs does not amount to bullying.

All individuals are expected to adhere to the standards of behaviour contained herein at all times. Any individual who is found to have breached these expectations will be disciplined accordingly, which may lead up to, and include termination of employment. If a contractor of FTA is found to have breached these expectations, their contract stands to be terminated, or may not be renewed in the future.

Equity & Bullying Complaints

Any individual who believes that they have been subject to actions or words that may constitute discrimination or bullying should act upon such bullying as soon as possible by following the procedure set out below. Individuals who believe they have witnessed discriminatory or bullying behaviour by another individual in the workplace are also able to make complaints.

In the first instance, the aggrieved individual should, wherever practicable and if they feel comfortable doing so, attempt to amicably resolve the matter with the individual(s) who are alleged to have engaged in bullying. When confronting the issue, the individual should clearly state the offensive behaviour experienced, explain that the behaviour is unwelcome and offensive and ask that the behaviour does not continue. The person may not be aware that their behaviour or conduct was causing offense or was unwelcome.

This is not a compulsory part of the complaint procedure, and if an individual does not wish to confront the person directly, then this is not encouraged.

Where the alleged bullying involves the individual’s direct manager and it is not practical for them to directly resolve the matter, they shall immediately notify the Chief Executive Officer who, with the individual’s approval will endeavour to investigate and resolve the matter on an informal basis in accordance with the procedure set out below.

Informal Complaint Procedure

An informal complaint procedure includes a range of alternatives which can be applied in a flexible manner in order to address different complaints in consideration of the relevant circumstances. The informal complaint procedure is intended to be used for less serious allegations of bullying and instances which generally do not warrant disciplinary action being taken. An individual who is unsure of whether or not to make a formal or informal complaint may make an informal compliant first and decide if they want to escalate the complaint to a formal complaint.

Different options for handling informal complaints may include, but are not limited to:

• FTA relevant manager having a conversation with the alleged bully about the behaviour complained of; and
• FTA relevant manager having a meeting with the individuals concerned in an attempt to reach a resolution.

Formal Complaint Procedure

Where an individual wishes to lodge a formal complaint, they will be required to do so by communicating this in writing to the Chief Executive Officer.

A written complaint shall include the names of individuals concerned, details of the incident(s) and the names of any witnesses present.

Where a written complaint has been lodged, a formal investigation procedure will commence immediately. Formal investigations may be conducted by the Chief Executive Officer or an external person who is appointed by FTA e.g. an independent mediator.

Regardless of whether the investigation is carried out by a FTA personnel member, or by an independent body/person, the investigator will aim to follow the procedure set out below:

• Clarify details of what took place and ensure that all necessary information is obtained;
• Identify the outcome the complainant is seeking;
• Discuss with the complainant their legal rights, including lodging a formal complaint with the relevant state or federal tribunal;
• Discuss the complaint made with the person/s accused of bullying; and
• Making a determination as to whether the alleged behaviour occurred and if it constituted bullying.

If FTA feels it is appropriate in the interests of health and safety of individuals concerned, and / or the efficiency of the investigation process, individuals may be requested to refrain from attending work / course services for a period of time whilst the investigation is underway. Alternatively, individuals may be given different duties or work to perform while the investigation is being conducted. Employees who are requested to do either of these will be paid at their normal rate of pay during this period.

Where it becomes apparent that the complaint made relates to conduct which constitutes misconduct or otherwise warrants disciplinary action, the investigator is to refer to FTA’s Disciplinary Procedures for further action and resolution.

Whilst the investigator will endeavour to preserve the confidentiality of the complainant and the person complained of, it may be necessary to speak with other workers or Individuals involved to determine what happened and to maintain the integrity of the investigation process.

Where potentially unlawful conduct has occurred, FTA will alert the appropriate authorities. Those Individuals who are involved in the complaint (including the complainant, witnesses etc.) are also under a duty to maintain confidentiality and display a commitment to uphold the integrity of the investigation process. If the complainant chooses to bring a support person with them to any meetings, they too are bound by confidentiality.

Gossiping and/or the spreading of rumours as a result of, or in connection with, a process followed under this policy will not be tolerated under any circumstances and may lead to further disciplinary action for those concerned.

Outcomes

The outcomes of a formal or informal complaint procedure will depend on the nature of the complaint, its severity and what is deemed appropriate in the relevant circumstances.

Where the results of an investigation procedure suggest that an individual is guilty of bullying, appropriate disciplinary procedures will be followed in line with the Disciplinary Procedures. The disciplinary action will depend on the nature and severity of the behaviour and may include termination of employment, which may be instant dismissal where serious misconduct is deemed to have occurred.

Where the complaint involves a contractor or agent of FTA and an investigation process reveals that a person has engaged in unlawful conduct or other behaviour which is prohibited by this policy, those concerned may face termination of their contracts immediately, or will not be renewed in the future.

In addition to the remedies provided above, other action may be deemed necessary to resolve or remedy the behaviour complained of, including but not limited to:

• Providing training to employees concerned regarding bullying;
• Requiring employees who have breached this policy to apologise to appropriate person(s);
• Adjusting working arrangements where appropriate;
• Providing counselling to employees (complainant and the person complained of);
• Placing employees on performance improvement plans to ensure improved behaviour; and/or
• Providing coaching and mentoring.

Appeals Procedure

If any parties involved are unhappy with the outcome, or the way the complaint handling procedure was managed by FTA please contact the FTA Chief Executive Officer to discuss your concerns.

Once notified the Chief Executive Officer will conduct a review of the procedure followed, and the outcome issued, and make a final determination on the issue. Once this determination is made, the person who has made the appeal will be notified of the outcome and this determination will be final.

The following external bodies can also provide further information: