Anti-Discrimination & Harassment Policy

1. Purpose

ASI AI Solutions is committed to providing a workplace that is free from discrimination, sexual harassment, harassment on the ground of sex, bullying, and victimisation. This policy outlines the Company's commitment to prevention, the legal framework, and the procedures for reporting and resolving complaints.

This policy gives effect to the Company's positive duty to take reasonable and proportionate measures to eliminate, as far as possible, unlawful sex discrimination, sexual harassment, and harassment on the ground of sex, in accordance with Part 3 of the Sex Discrimination Act 1984 (Cth) as amended by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022.

2. Scope

This policy applies to all directors, officers, employees, contractors, volunteers, work experience participants, job applicants, and visitors (collectively "Workers"). It applies to all work-related conduct, including:

• At the workplace (office, client sites, home offices).
• During work-related travel, conferences, and training.
• At work-related social events and functions.
• On social media and digital communications where there is a connection to the workplace.
• Between Workers outside of working hours where the conduct has a sufficient connection to the employment relationship.

3. Legislative Framework

This policy is made in accordance with and gives effect to the following legislation:

4. Definitions

4.1 Discrimination

Direct discrimination occurs when a person is treated less favourably than another person in the same or similar circumstances because of a protected attribute. Indirect discrimination occurs when an apparently neutral requirement, condition, or practice disadvantages people with a protected attribute and is not reasonable in the circumstances.

Protected attributes include: sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy and breastfeeding, race, colour, descent, national or ethnic origin, religion, age, disability (physical, intellectual, psychiatric, sensory, neurological, or learning), carer's responsibilities, family responsibilities, political opinion, social origin, and trade union membership or activity.

4.2 Sexual Harassment

Sexual harassment is any unwelcome sexual advance, unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated, or intimidated (Sex Discrimination Act 1984 s 28A).

Examples include but are not limited to:

• Unwelcome touching, hugging, cornering, or kissing.
• Staring or leering at a person or at parts of their body.
• Suggestive comments or jokes of a sexual nature.
• Sexually explicit emails, text messages, images (including memes and GIFs), or social media posts.
• Intrusive questions about a person's private life or body.
• Unwelcome requests for sex or repeated requests for dates.
• Conduct that would constitute a sexual offence under criminal law.
• Displaying sexually explicit material in the workplace.

A single incident can constitute sexual harassment — it is not necessary for conduct to be repeated.

4.3 Harassment on the Ground of Sex

Harassment on the ground of sex is conduct that is unwelcome, relates to sex in a way that is offensive, humiliating, or intimidating, and is done in circumstances where a reasonable person would have anticipated that reaction. This includes sex-based insults, taunts, or exclusion, even where the conduct is not sexual in nature.

4.4 Bullying

Workplace bullying is repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety (Fair Work Act 2009 s 789FD). Examples include:

• Aggressive or intimidating behaviour.
• Belittling or humiliating comments.
• Spreading malicious rumours.
• Deliberately excluding someone from work-related activities.
• Setting unreasonable timelines or workloads with the intention to cause distress.
• Withholding information necessary for effective work performance.
• Assigning meaningless tasks or tasks below a person's competence.

Bullying does not include reasonable management action carried out in a reasonable manner, such as performance management, allocation of work, or disciplinary action.

4.5 Victimisation

Victimisation occurs when a person is subjected to detriment because they have made, or propose to make, a complaint of discrimination, sexual harassment, or bullying, or because they have supported another person's complaint (e.g., as a witness).

5. Positive Duty (Respect@Work)

To satisfy this positive duty, the Company will:

1. Leadership: Ensure senior leaders set expectations and model respectful behaviour.
2. Culture: Foster a culture where disrespectful behaviour is not tolerated and reporting is safe.
3. Knowledge: Understand the nature and extent of relevant unlawful conduct and risk factors in our workplace.
4. Risk assessment: Identify risk factors for sexual harassment (e.g., power imbalances, alcohol at events, remote supervision) and implement controls.
5. Policy: Maintain and communicate this policy and complaint handling procedures.
6. Training: Provide regular, mandatory training for all Workers (annually) and additional training for managers and complaints handlers.
7. Support: Provide support to persons who experience or report unlawful conduct.
8. Reporting and response: Respond promptly, consistently, and appropriately to reports and complaints.
9. Monitoring and evaluation: Collect data on complaints, trends, and training completion. Report to the Board annually.

6. Complaint Handling Procedure

6.1 Options for Raising Concerns

A person who experiences or witnesses conduct that may breach this policy has the following options:

1. Self-resolution (where appropriate and safe): If comfortable, the person may directly inform the other party that their behaviour is unwelcome and ask them to stop.
2. Informal complaint: Raise the matter with their manager, another manager, or the People & Culture team for informal resolution (e.g., facilitated discussion, coaching, mediation).
3. Formal complaint: Submit a written complaint to the People & Culture team (people@asiaisolutions.com.au) for formal investigation.
4. External complaint: Lodge a complaint with the Australian Human Rights Commission (AHRC), the Anti-Discrimination Board of NSW, the Fair Work Commission (for bullying orders under s 789FC or sexual harassment orders under s 527J), or SafeWork NSW.

These options are not sequential — a person may choose any option at any time.

6.2 Informal Resolution

Informal resolution aims to resolve matters quickly and at the lowest appropriate level. It may involve:

• A facilitated conversation between the parties.
• Coaching or counselling for the respondent.
• Team-level education or awareness session.
• Adjustment to work arrangements (e.g., reporting lines, seating).

Informal resolution does not preclude formal action if the behaviour continues or the complainant is dissatisfied with the outcome.

6.3 Formal Investigation Process

1. Receipt and assessment: The People & Culture team will acknowledge the complaint within 2 business days and assess whether a formal investigation is required.
2. Appointment of investigator: An impartial investigator will be appointed (internal or external, depending on the nature and seriousness of the complaint). The investigator will have no conflict of interest.
3. Notification: The respondent will be informed of the allegations in sufficient detail to enable a response. Both parties will be advised of the process, expected timeframes, and their right to a support person.
4. Investigation: The investigator will interview the complainant, the respondent, and any relevant witnesses. Documents and records will be reviewed. All parties must maintain confidentiality.
5. Findings: The investigator will prepare a written report setting out findings on the balance of probabilities. Findings may include: substantiated, partially substantiated, not substantiated, or unable to be determined.
6. Outcome and action: Where a complaint is substantiated, appropriate action will be taken, which may include an apology, counselling, mediation, training, formal warning, transfer, demotion, or termination of employment.
7. Notification of outcome: Both parties will be informed of the outcome in writing. Detailed investigation findings will be shared to the extent appropriate, consistent with privacy obligations.
8. Timeframe: Investigations will be completed within 30 business days of commencement where reasonably practicable. Both parties will be kept informed of progress.

7. Support Resources

8. Bystander Obligations

All Workers have a responsibility to contribute to a safe and respectful workplace. If a Worker witnesses conduct that may breach this policy, they are encouraged to:

• Intervene safely: Where it is safe and appropriate, interrupt the behaviour — for example, by changing the subject, calling out the behaviour, or checking in with the affected person.
• Support the affected person: Ask if they are okay and let them know support is available.
• Report: Report the conduct to a manager or the People & Culture team. A formal complaint can be made by a bystander.
• Record: Make a contemporaneous note of what was observed (date, time, location, persons present, description of conduct).

Bystanders who report in good faith will be supported and protected from victimisation.

9. Consequences of Breach

A breach of this policy is a serious matter. Consequences may include:

• Formal apology.
• Mandatory training or counselling.
• Written warning (first or final).
• Transfer or reassignment.
• Demotion.
• Termination of employment (including summary dismissal for serious misconduct).
• Termination of contractor or supplier engagement.

Where conduct may constitute a criminal offence, the Company will consider referring the matter to the NSW Police. The Company may proceed with its own investigation and disciplinary process regardless of any police investigation.

Victimisation of any person who makes a complaint, assists in an investigation, or is associated with a complaint is itself a breach of this policy and of the law, and will be treated as serious misconduct.

False or vexatious complaints: Making a complaint that is knowingly false or vexatious constitutes a breach of this policy and may result in disciplinary action. However, a complaint that is found to be not substantiated is not automatically vexatious — a person who makes a genuine complaint in good faith will not be penalised even if the complaint is not upheld.

10. Responsibilities

11. Training

The Company will provide:

• All Workers: Mandatory annual training covering discrimination, sexual harassment, bullying, bystander intervention, and this policy. Training will be interactive, scenario-based, and compliant with AHRC guidance.
• Managers: Additional annual training on responding to disclosures, managing complaints, trauma-informed approaches, and procedural fairness.
• Complaints handlers and investigators: Specialist training in investigation methodology, natural justice, and trauma-informed practice.
• Induction: All new Workers will receive this policy and complete online training within their first week.

12. Review

This policy will be reviewed annually, or sooner if required by legislative changes (including AHRC guidance on the positive duty), audit findings, or significant complaints trends. Reviews will consider de-identified complaints data, training completion rates, staff survey results, and external best practice.