John St Community Early Childhood Cooperative 1 Policy Document: Equal Opportunity and Protection against Discrimination July 2013

Equal Opportunity & Protection Against Discrimination Purpose This policy affirms equal opportunity for all, and protection against discrimination with human rights and personal characteristics.

Objective To guide John Street’s commitment to equal opportunity and the protection against discrimination in relation to community access to John Street, the appointment of staff (including students and volunteers), and children’s programs.

Scope of Policy This policy applies to all children, families, staff (permanent or casual), students, volunteers and visitors to John Street.

Policy Statement As a provider of a service for young children and their families is it important to facilitate equal opportunity, acceptance and justice by helping overcome many of the barriers that may prevent the enjoyment of full equality. John Street works closely with the community through the provision of education and care services for children, playing a vital role in building understanding and respect for many everyday human rights.  Human rights are basic entitlements that belong to every one of us, regardless of our background, where we live, what we look like, what we think or what we believe.  Human rights are the cornerstone of strong, healthy communities where everyone can participate and be included. John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 2 Policy Document: Equal Opportunity and Protection against Discrimination July 2013  Based on the values of freedom, equality, respect and human dignity, human rights acknowledge the fundamental worth of each person. The John Street policies and practices are designed to ensure that children, families and employees are treated fairly regardless of their personal characteristics. In some circumstances, treating everyone the same is unfair and against the law. Educators at John Street are committed to ensuring the program provided is culturally sensitive and responsive to the needs of children and families from diverse communities such as Aboriginal and Torres Strait Islander families, children and families with a disability, humanitarian refugees and families from culturally and linguistically diverse backgrounds.

Procedures

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Equal Opportunity principles will be recognised as an integral part of the John Street daily program and routines.

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Children will be given positive experiences which encourage equal opportunity. Programs will be culturally inclusive and will actively include opportunities for all children to experience and value the diversity of culture, gender roles, ability/disability and/or impairment.

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Children, staff and families will be treated with respect regardless of their gender, race, religion, age, ability or impairment.

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John Street will actively promote the positive aspects of diversity and encourage acceptance and appreciation of individual differences.

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Access to John Street is available to the community in accordance with the Australian Government ' Priority of Access Guidelines'.

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Families and staff will have clear instructions about this provided in staff and family handbooks.

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All educators will be selected and employed according to Equal Opportunity guidelines. John Street is aware of and meets its obligations under the State and Australian Government legislation and will keep up to date information regarding Equal Opportunity legislation.

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The planning and delivery of John Street will reflect the cultural and linguistic diversity of the local and wider community.

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Educators will respect individual children and their families and treat them accordingly. They will take into account individual differences in language, attitudes, abilities, assumptions and expectations in the experiences and activities they provide, and promote active participation of all children and families.

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Children who have a disability will not be discriminated against and will have access to John Street where a place exists, where they meet the requirement of the ‘Priority of Access John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 3 Policy Document: Equal Opportunity and Protection against Discrimination July 2013 Guidelines’ and where the child can be cared for within existing or available resources. John Street will build awareness amongst educators, children and families and the community about ‘indirect discrimination’, which occurs when an unreasonable requirement, condition or practice that appears to be designed to treat everyone the same ends up potentially, or actually, disadvantaging someone with a personal characteristic protected by the law.

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Responsibility The Board, through the Centre Director, will ensure that employment practices and administrative functions at John Street are inclusive and promote equal opportunity. It is the responsibility of all staff at John Street to actively implement and promote this policy, and all staff are encouraged to access professional development to assist with the implementation of this policy.

General Information The Victorian Equal Opportunity Act 2010 covers discrimination in employment, education, accommodation, clubs, sports, goods and services, land sales and transfers, and local government, as well as sexual harassment. It is about giving and getting a fair go. It does not assume everyone is the same and it does not mean treating everyone the same. Under the Victorian Equal Opportunity Act 2010, indirect discrimination is also protected. Personal characteristics identified in this law include: o

Age

o

Physical features

o

Breastfeeding

o

Political belief or activity

o

Carer Status

o

Pregnancy

o

Disability

o

o

Employment Activity

Race (including colour, nationality, ethnicity and ethnic origin)

o

Gender Identity

o

Religious belief or activity

o

Industrial Activity

o

Sex

o

Lawful sexual activity

o

Sexual orientation

o

Martial status

o

o

Parental status

Personal association with someone who has, or is believed to have, any of these personal characteristics

John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 4 Policy Document: Equal Opportunity and Protection against Discrimination July 2013 Legislative Provisions Discrimination laws have been introduced to ensure that people are treated equal and not discriminated against and/or treated unfairly on the basis of any aspect of difference. These laws include: Information 2000 (Vic)

Privacy

Act Management of personal information

A New Tax System Act 2000 (Cth.)

Family Assistance Administration

Privacy Act 1988 (Cth.)

Information Privacy Principles

Health Records Act 2001 (Vic)

Personal Information

Disability Discrimination Act Aims to ensure that people with disabilities have the same human 1992 (Cth.) rights as all members of the Australian community Sex Discrimination Act 1984 (Cth.)

Aims to eliminate discrimination and sexual harassment and promote gender equality in all aspects of the Australian community

Racial and Religious Tolerance Act 2001 (Vic)

Promotes racial and religious tolerance by prohibiting certain conduct involving vilification of persons on the grounds of racial or religious belief or activity

Age Discrimination Act 2004 (Cth.)

Aims to give Australian’s of all ages the right to be treated fairly and have the same opportunities as everyone else.

Equal Opportunity Act 2010 (Vic)

Covers discrimination in education, amongst other things. It does not assume everyone is the same and it does not mean treating everyone the same

Charter of Human Rights & Responsibilities Act 2006 (Vic)

Sets out the rights, freedoms and responsibilities that are shared by all Victorians and protected by law.

Multicultural Victoria Act 2011 (Vic)

Promotes Victoria as a united community with shared laws, values, aspirations and responsibilities within which people from a diversity of backgrounds have the freedom and opportunity to preserve and express their cultural heritage; the freedom and opportunity to participate and contribute to the social, cultural, economic and political life of Victoria; and equal rights and responsibilities under the laws of Victoria

John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 5 Policy Document: Equal Opportunity and Protection against Discrimination July 2013 Sources

National Professional Support Coordinator Alliance (2012) Getting started with policies for the NQF: Policies in Practice template – Equal Opportunity. Accessed February 2012 from www.pscalliance.gov.au Community Child Care (2011) Self-Guided Learning Package: Policies & Practices to Promote Equity, Inclusion & Diversity. Accessed February 2012 from www.cccvic.org.au

Related John Street Policies, Procedures and Guidelines Policies

Code of Professional Conduct; Communication with Families; Program Planning; Inclusion of Children with Additional Needs; Enrolment, Orientation & Custody Arrangements; Enrolment & Orientation of Educators, Students and Volunteers; Ongoing Professional Development; Multicultural Programming for Social Inclusion; Recruitment & Retention of Educators; Inclusion of Children with Additional Needs

Appendices Enrolment Form

Authorisation & Review

The Board, through the Centre Director, will ensure that John Street upholds principles of equal opportunity, including protection against discrimination. The review and development of policies and procedures will be completed by the Grants and Policy sub-committee of the Board, in collaboration with the Centre Director. In accordance with R. 172 of the Education and Care Services National Regulations, John Street will ensure that families of children enrolled at John Street are notified at least 14 days before making any change to a policy or procedure that may have a significant impact on John Street’s provision of education and care to any child enrolled at John Street, or a family’s ability to utilise John Street; or the fees charged or the way in which fees are collected. To ensure that that John Street is compliant, and maintains collaborative approaches with the community, John Street will notify all families of children enrolled at least 14 days before making ANY policy change, unless this time period would pose risk to the safety, health or wellbeing of any child enrolled at John Street, in which case John Street will act to adjust any policies and/or procedures to ensure the safety, health and wellbeing of all children, and will notify families as soon as practicable after making the necessary change(s). The Board authorises this policy and welcomes the opportunity to discuss any aspect with stakeholders. We appreciate your support while we strive to provide a quality education and care service for children and families in our community. John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 6 Policy Document: Equal Opportunity and Protection against Discrimination July 2013 Date approved: Signed: Date Reviewed August 2011 February 2012

Details of Change Complete redevelopment

Date of next Review August 2012 March 2014

John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012