You have the right to study and work in an environment that is free from harassment, discrimination and bullying. In Australia, there are both federal and state laws that apply to these areas, but in slightly different ways, so if you feel like you’re being harassed, discriminated against or bullied at the University, it’s best to seek advice from our legal or casework services.
Harassment is behaviour towards another person (or a group of people) that could reasonably be expected to make them feel offended, intimidated, insulted or humiliated. It can be sexual harassment or it can be targeted behaviour based on a person’s: race, sex, sexual orientation, gender identity, intersex status, pregnancy, marital or relationship status, disability, age, carer responsibilities, social origin, political belief or lack of political belief, religious belief or lack of religious belief.
Sexual harassment is unwelcome sexual behaviour or unwelcome conduct of a sexual nature. It can be physical, verbal, or written and can occur in a single or a series of incidents. ‘Conduct of a sexual nature’ includes: subjecting a person to any act of physical intimacy; making statements of a sexual nature to a person or about a person in their presence; or making any gesture, action or comment of a sexual nature in a person’s presence. The intent of the person who engages in the sexual harassment does not matter.
Unlawful discrimination can be direct or indirect. Unlawful direct discrimination occurs when a person is treated less favourably than others in a similar situation because they possess a certain attribute. The attribute may be a person’s race (including the colour of their skin, nationality, descent, and ethnic, ethno-religious or national origin), gender (including pregnancy and breastfeeding), sexual orientation, gender identity, intersex status, marital or relationship status, disability, age, carer responsibilities, social origin, political belief or lack of political belief, religious belief or lack of religious belief.
Unlawful indirect discrimination occurs when there is an unreasonable rule or policy that is the same for everyone but has an unfair effect on people who share 1 of the particular attributes protected by law. For example, including a height requirement, as this could indirectly discriminate against women whose average height is lower than men’s.
In summary, in Australia it is unlawful to offend, insult, humiliate or intimidate someone or treat them less favourably than others because of protected attributes such as race or gender. Even in such a diverse and progressive community as the University of Sydney, everyday subtle forms of racism and sexism take place and can reinforce destructive stereotypes, institutional inequality and even violence. Experiencing racial and gendered harassment and discrimination is extremely hurtful, and at times can be difficult to name and talk about.
Bullying is repeated, unreasonable behaviour that is directed towards a person or a group of people, that may create a risk to their health and safety. Bullying includes repeated physical or verbal abuse, yelling, screaming or offensive language, exclusion from a community, spreading of personal or false information, psychological harassment, unjustified criticisms and interfering with personal property or equipment. It can also include undermining work performance by deliberately withholding information vital for effective work performance. Although the law emphasises a requirement for the behaviour to be ‘repeated’ to meet the definition, a single instance of bullying that is sufficiently severe can also be considered bullying.
Cyberbullying involves harmful, discriminatory and intimidating behaviour through digital platforms. Cyberbullying could include:
Australia has laws that apply to serious online harassment and bullying.
The University has a legal obligation to provide an environment free of harassment, discrimination and bullying, and a responsibility to provide effective procedures for reporting and resolving complaints.
If you think you or someone you know is being bullied, harassed or discriminated against at the University, whether by a student or a staff member, you can lodge a complaint with the Student Affairs Unit.
If you require assistance or advice in lodging a complaint or want to discuss the matter, please contact us.
If you’ve experienced sexual assault, find out more about your options for making a complaint and seeking support.
These relevant University policies are available at the University Policy Register:
You can make a complaint about unlawful harassment or discrimination to either the Anti-Discrimination Board of NSW or the Australian Human Rights Commission. As your complaint can’t be heard by both bodies, you should obtain advice from our Legal Service on the best option for you based on the nature of your complaint. You normally have to lodge your complaint within 12 months of the incident.
If you need further advice or assistance with a harassment, discrimination or bullying matter, or you are the subject of a complaint contact us to receive assistance from our legal or casework services.
If you’d like to speak with a counsellor about an incident of harassment, discrimination, or bullying contact the University Counselling and Psychological Services (CAPS) for free and confidential assistance: phone 02 8627 8433 to make an appointment. Or contact the Mental Wellbeing Support Line, available 24/7 and managed by CAPS: phone 1300 474 065 (within Australia) or text 0488 884 429 for sms chat.
This information is current as at January 2021 and is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.