Date Prepared: November 2022

Driver Discrimination, Vilification, Sexual Harassment, Bullying and Victimisation Policy

1. Purpose

d@rt aims to provide an environment where drivers, passengers and the public are treated fairly and with respect, and are free from discrimination, vilification, sexual harassment, bullying and/or victimisation.

2. Application of policy

This policy applies to all d@rt drivers (whether TSP drivers or individual drivers, collectively referred to as ‘drivers’).

3. No tolerance by d@rt

d@rt will not tolerate discrimination, vilification, sexual harassment, bullying and victimisation of drivers, passengers or others by drivers.

• Discrimination

• Direct discrimination occurs when a person is treated less favourably than another because of a reason or ground which is prohibited by law.  The prohibited grounds of discrimination are set out in the Federal, State and Territory anti-discrimination laws and include sex, race, age, disability/impairment etc.

• Vilification

• Vilification is a public act which incites hatred, severe contempt or severe ridicule of a person or group, because of race, homosexuality, transgender, transsexuality or HIV/AIDS. Vilification is a particularly serious breach of d@rt’s policies and will be dealt with accordingly.

• Sexual harassment

• Sexual harassment is unwelcome conduct of a sexual nature, which makes a person feel offended, humiliated or intimidated.  Conduct can amount to sexual harassment even if the person did not intend to offend, humiliate or intimidate the other person. However, conduct will not be sexual harassment if a reasonable person, having regard to all the circumstances, would not have anticipated that the conduct would offend, humiliate or intimidate the other person
• Examples of sexual harassment include, but are not limited to:
  • physical contact such as pinching, touching, grabbing, kissing or hugging
  • staring or leering at a person or at parts of their body
  • sexual jokes or comments
  • requests for sexual favours
  • sexually explicit conversations
  • displays of offensive material such as posters, screen savers, internet material etc
  • suggestive comments about a person’s body or appearance

• Bullying

• Bullying is repeated, unreasonable and inappropriate behaviour directed towards an individual or group, which creates a risk to health and safety. It includes both physical and psychological risks and abuse. ‘Repeated behaviour’ refers to a range or pattern of behaviours over a period of time (for example, verbal abuse, unreasonable criticism, isolation and denial of opportunities).
• Examples of bullying include, but are not limited to:
  • abusive, insulting or offensive language or comments
  • behaviour or language that frightens, humiliates, belittles or degrades, including over criticising, or criticism that is delivered with yelling or screaming
  • displaying offensive material
  • inappropriate comments about a person’s appearance, lifestyle, family, sexual preferences or any personal or private matter
  • interfering with a person’s personal property
• A person’s intention is irrelevant when determining if bullying has occurred. Bullying can occur unintentionally, where actions which are not intended to victimise, humiliate, undermine or threaten a person actually have that effect.

• Victimisation

• Victimisation is where a person is retaliated against or subjected to a detriment because they have lodged a complaint, they intend to lodge a complaint, or they are involved in a complaint of unlawful conduct.

4. Rights and responsibilities

• Drivers must:
  • understand and comply with this policy;
  • ensure they do not engage in any unlawful conduct toward customers, other drivers, d@rt employees or others whilst driving for d@rt;
  • ensure they do not aid, abet or encourage other persons to engage in unlawful conduct;
  • make a report to d@rt if they experience any conduct covered by this policy at admin@dart.org.au;

5. Breach of this Policy If a driver breaches this policy, they may be subject to penalty including deactivating or restricting their access to d@rt Services or Driver App. In serious cases d@rt may report the matter to the police.