THE GEO GROUP AUSTRALIA PTY LTD CORPORATE POLICY AND PROCEDURE

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1 THE GEO GROUP AUSTRALIA PTY LTD CORPORATE POLICY AND PROCEDURE Not for Release to External Agencies / Inmates / Prisoners POLICY NUMBER: ISSUE DATE: EXTERNAL REFERENCES Sex Discrimination Act, 1984 Racial Discrimination Act 1975 Disability Discrimination Act 1995 Fair Work Act 2009 (Cth) Human Rights Act, 1993 Anti-Discrimination Act 1991, (Qld) Section 133 (1) NSW Anti-Discrimination Act 1977 REVOCATION DATE Issue F 2/11/10 PAGE: INTERNAL REFERENCES 1 of 13 Annex A: The GEO Group Australia Pty Ltd s Statement on Harassment Annex B: The Role of Contact Officers CF1.23 Harassment, Bullying or Discrimination Incident Report Grievance Resolution Procedure Disciplinary Procedures & Guidelines Company Investigations RELATED POLICIES Code of Conduct SUBJECT: Harassment, Bullying and Discrimination 1.0 POLICY 1.1 Occupational Health and Safety and Industrial laws impose a Duty of Care on employers to provide a safe workplace. 1.2 The GEO Group Australia Pty Ltd recognises such obligations and is committed to promoting courtesy, trust and respect in the workplace (including at work related functions, such as conferences, Christmas parties and business trips) that is free from any forms of discrimination, harassment or bullying. 1.3 It is on this basis that harassment, bullying and discrimination in the workplace, whether direct or indirect is strictly forbidden by The GEO Group Australia Pty Ltd. 1.4 A workplace devoid of harassment, bullying and discrimination contributes to a positive and productive working environment and promotes sound employment practices

2 2 1.5 All staff have the right to report any incidents to the Police and or any appropriate authorities. Irrespective of whether a matter is reported to the police or other agencies, GEO will manage all allegations of workplace harassment, bullying and discrimination in accordance with applicable Corporate Policies and Procedures and applicable governing laws. 1.6 All employees should be aware that any instances of harassment, bullying and/or discrimination will not be tolerated by the organisation and, if allegations are proven, may lead to termination of employment. 2.0 RESPONSIBILITY AND REVIEW 2.1 The Executive General Manager Human Resources shall be responsible for implementing, monitoring and reviewing this policy. 2.2 This document shall be reviewed, as required and recorded in the Corporate Policies & Procedures Register of Amendments. 3.0 PURPOSE 3.1 Management is committed to achieving a working environment that is free from degradation, hostility, offensiveness and intimidation, and consequently free from all forms of harassment, bullying and discrimination. 3.2 In order for this goal to be realised, all employees, visitors and contractors must be aware of what these terms mean as well as their implications. 3.3 This policy is to ensure that persons of authority treat all complaints seriously and respectfully ensuring, that any complaints are investigated in a fair, timely and confidential manner and without any further victimisation. Further, all parties to the complaint have the right to have their personal views heard in an impartial manner. 4.0 DEFINITIONS Harassment Offensive treatment through vindictive, cruel, malicious or humiliating attempts to undermine an individual employee or groups of employees. It can be overt (obvious) or subtle, direct or indirect (for example, where a hostile feeling/environment is created without any direct attacks being made on a person). Bullying Workplace bullying is best described as repeated unreasonable behaviour directed toward a person or group of persons that creates a risk to health (physical or psychological) and safety. For example if the behaviour was repeated and unreasonable and in the circumstances was likely to victimise, humiliate, undermine, intimidate or threaten then it is likely to amount to bullying. Direct Discrimination Is when someone is treated unfairly compared to someone else in the same or similar circumstances, because of their sex, pregnancy, race, age, marital status, homosexuality, disability, transgender status or carers' responsibilities. For example, if an employer won't hire someone just because they are a woman this is likely to be direct sex discrimination.

3 3 Indirect Discrimination Is a requirement (or rule) that is the same for everyone, but has an effect or result that is unequal and unreasonable having regard to the circumstances. For example, stipulating that a person over 180 cm is required to fill a particular role could be indirectly discriminating against women and some ethnic groups, who are less likely to be this height than men or people from other ethnic groups if it could be shown that the role does not really need someone that tall to do it. 5.0 HARASSMENT 5.1 Harassment is not always intended. Sometimes acts of behaviour that are funny or don t mean much to one person may hurt or offend another. A workplace without harassment is a workplace where people respect and tolerate the rights and differences of others, and recognise and respect different people s perceptions of different actions. 5.2 Harassment in the workplace can take many forms. 5.3 Some forms of verbal harassment include: Sexual or suggestive remarks. Making fun of someone. Imitating someone s accent. Propositions (sexual invitations). Spreading rumours. Obscene telephone calls/unsolicited letters, facsimiles or messages. Repeated unwelcome invitations. Offensive jokes. Repeated questions about someone s personal life. Threats or insults. The use of language that is not suitable in the workplace. Name-calling. Teasing continually. 5.4 Some forms of non-verbal harassment include: Putting sexually suggestive, offensive or degrading/insulting materials on walls, computer screen savers, and so on. Suggestive looks or leers. Unwelcome practical jokes. Displaying or circulating racist cartoons or literature. Mimicking someone with a disability. Following someone home from work. Offensive body or hand movements. Suggestive letters and drawings. Ignoring someone or being particularly cold or distant with them. Not sharing information. Offensive hand or body gestures. Unnecessarily leaning over someone. Sending offensive material through computer, facsimile or . Wolf whistling.

4 4 Continually ignoring or missing someone s contribution in a meeting/discussion. 5.5 Some forms of physical harassment include: Unnecessary physical contact (pinching, patting, brushing up against a person, touching, kissing, hugging against a person s will). Indecent or sexual assault or attempted assault. Pushing, shoving or jostling. Putting your hand into someone s pocket (especially breast, hip or back pocket). Physical assault. 6.0 DISCRIMINATION 6.1 Discrimination in the workplace can take many forms. Discrimination does not have to be conscious or calculated, it can and often does result from entrenched beliefs and attitudes. 6.2 Some grounds for unlawful discrimination are as follows: Sex discrimination when you are treated unfairly or harassed or not provided with the same opportunities because you are male or female. Sexuality discrimination when you are treated unfairly or harassed because of your actual or perceived sexual preferences. Transgender (Transsexuality) discrimination - when you are treated unfairly or harassed because of your actual or perceived transgender status. Marital status discrimination when you are treated unfairly or harassed on the grounds of your marital status, for example single, married, married but living separately from ones spouse, divorced, widowed or in a de facto spouse or another person. Pregnancy discrimination when you are treated unfairly or harassed or not provided with the same opportunities because of your pregnancy. Family responsibility, parent or carer status discrimination when you are treated unfairly or harassed because of your actual or perceived immediate family member carer responsibilities. Race discrimination when you are treated unfairly or harassed because of your race, colour, ethnic background, ethno-religious background, descent or nationality. Impairment or disability discrimination when you are treated unfairly or harassed because of an actual or perceived physical, mental or intellectual disability. Political or religious belief or activity when you are treated unfairly or harassed because of your lawful religious or political views and/or activities. Physical features when you are treated unfairly or harassed because of your height, weight, size or other bodily characteristic. Age discrimination when you are treaded unfairly or harassed because of your age. Trade union or employer association activity when you are treated unfairly or harassed on the basis of trade union or employer association activity. Association when you are treated unfairly or harassed because of your actual or perceived association with a person having a specific status or attribute.

5 5 Criminal record and spent convictions specified convictions are not to be taken into account or disclosed after a period of usually 10 years from the date of conviction. (some exemptions apply if the crime is particularly serious). 7.0 BULLYING 7.1 Bullying can occur between an employee and their manager or supervisor, between co-workers, or between an employee and a visitor. Such behaviours include: Assault, pushing or unwanted physical contact; Yelling, screaming, swearing or abuse; Personal insults or threats; Inappropriate comments about appearance or slandering family members; Offensive or inappropriate jokes, spreading malicious rumours or practical jokes; Tampering with personal effects or work equipment; Public reprimands or belittling; Constant criticism or trivial fault finding; Ostracising or isolating an employee; Deliberately over-working or under-working an employee; Deliberately withholding work related information; Excessive supervision; Singling out and treating one employee differently from other employees; Inappropriately threatening the loss of employment or a cut back in work hours; Sabotage of work; and Initiation rites and ceremonies. 7.2 Constructive feedback or counselling for work performance or work related behaviour is appropriate and reasonable. Critical comments indicating performance deficiencies do not constitute workplace bullying. Constructively delivered feedback or counselling is intended to assist employees to improve their work performance or the standard of their behaviour. 8.0 PROCEDURE 8.1 The GEO Group Australia Pty Ltd requires all employees to behave responsibly by complying with this policy, to not tolerate unacceptable behaviour of others, to maintain confidentiality when providing information in an investigation and to report any incidents of harassment, workplace bullying and/or discrimination. 8.2 If an employee has a complaint regarding harassment, bullying or discrimination, there are a number of avenues available. The employee can seek to talk to a Contact Officer, the Centre Human Resources Manager or lodge a formal grievance / complaint in line with this Policy. 8.3 A contact officer should be the first point of contact for an employee who has a complaint regarding harassment, bullying or discrimination. The role of the contact officer includes: Being available to listen to the complainant issues. Provide confidential support to the complainant. Explaining relevant processes available to a complainant including:

6 o o o 6 Assisting the complainant to refer the matter to the Human Resources Manager if mediation or other solution is required. how the Company s formal grievance procedure works. Providing contact information to the Company s employee assistance program if required. 8.4 If a grievance or complaint is received by any individual (including Supervisors and Managers), this must immediately be passed through to the Centre Human Resources Manager. 8.5 A number of options can be considered when resolving a complaint of harassment / bullying / discrimination. The option chosen shall depend on: the wishes of the complainant (i.e. whether they wish the complaint to proceed formally); the seriousness of the allegations; whether the complaint has substance or is admitted; and company policy and the nature of the working relationship between the parties. 8.6 The Human Resources Manager will arrange to meet with the person who has made the complaint. The complainant should be given the opportunity to have a support person, or union delegate accompany them to the meeting if they so desire. 8.7 The Human Resources Manager will also arrange to meet with the alleged harasser / discriminator to advise that a complaint has been received and give them an opportunity to respond to the allegation. The individual involved will also be given the opportunity to have a support person, or union delegate accompany them to this meeting. 8.8 If the allegation is admitted, then the Human Resources Manager should immediately inform the General Manager and EGM Human Resources and seek advice regarding appropriate disciplinary action. If the allegation is admitted, there is no requirement for an investigation or disciplinary hearing (refer corporate policy Disciplinary Procedures & Guidelines) and disciplinary action may be taken directly. 8.9 If the allegation is denied then the Human Resources Manager should advise that the complaint may be formally investigated and witnesses may be interviewed An investigation should be commissioned by the General Manager and the Manager, Investigations and EGM Human Resources should be informed (refer corporate policy Company Investigations) The General Manager and EGM Human Resources will also consider whether the alleged harasser / discriminator should be suspended with pay until the conclusion of the investigation The General Manager will seek advice from the Manager, Investigations as to an appropriate investigator to complete the investigation, depending on the nature of the allegation Where an investigation is required, the investigation will be carried out in accordance with corporate policy Company Investigations.

7 Where an allegation is found to have merit following an investigation, a disciplinary hearing will be held and disciplinary action decided in accordance with corporate policy Disciplinary Procedures & Guidelines Any witnesses may be asked to provide statements and should be prepared to answer questions relating to the complaint. It must be stressed that any breach of confidentiality or lodging of untrue statements or incidents will be treated seriously and may result in disciplinary action including termination of employment. 9.0 RESPONSIBILITIES 9.1 All Staff All staff are responsible in ensuring that their conduct remains professional at all times within the workplace All staff should ensure that they remain familiar with this policy, and be cognisant of their actions within the workplace with other GEO employees, those within in our care (i.e. prisoners / inmates), contractors and visitors All staff should make themselves available to attend awareness training in the areas of harassment, bullying and discrimination All reported incidents of harassment bullying, discrimination shall be treated in the strictest of confidence No employee shall be allowed to access any harassment, bullying, or discrimination information other than described in this policy. The GEO Group Australia Pty Ltd shall ensure that privacy is protected as far as practical for all who are involved in such allegations. 9.2 Contact Officer Suitable employees will be selected and trained to provide a network of Contact Officers whose role will be to provide a service in accordance with prescribed role and functions as in Annex B Contact Officers shall complete a Harassment / Bullying / Discrimination Incident Report (CF 1.23), if they are contacted by a GEO employee. This form should be forwarded to the Human Resources Manager if the complainant chooses to lodge a complaint / grievance Contact Officers are to provide monthly statistics of complaints that are received by them to the Human Resources Manager. 9.3 Human Resources Manager The Human Resources Manager is to ensure that regular training is undertaken within the Centre regarding Harassment, bullying and discrimination The Human Resources Manager should report any complaints / grievances to the General Manager and EGM Human Resources.

8 Additionally, the Human Resources Manager should ensure that the Manager, Investigations at head office is advised of any allegation of the nature outlined in this policy where the allegation is denied and an investigation is required. 9.4 Supervisors / Managers / Department Managers All Supervisors, Managers or Department Managers who receive a complaint or grievance regarding harassment, bullying or discrimination should immediately refer the complaint to the Human Resources Manager All Supervisors, Managers or Department Managers are to ensure that the names of anyone involved in a complaint are not discussed with others except those immediately involved in the complaint and that staff are not victimised in any way All Supervisors, Managers and Department Managers should ensure that employees are aware of their obligations and rights with regards to harassment, bullying and discrimination. 9.5 General Manager The General Manager, together with the Human Resources Manager, will seek advice from the EGM Human Resources and/or Manager, Investigations (where applicable) to ensure that GEO s corporate policies are enacted in dealing with allegations relating to harassment, bullying or discrimination TRAINING 10.1 The GEO Group Australia Pty Ltd aims to eliminate all forms of harassment, bullying and discrimination by: Providing general training to all employees and management aimed at eliminating workplace harassment, bullying and discrimination; The current code of conduct refers to Harassment, bullying and discrimination, and is included in the Employee Handbook which all staff sign; Informing all employees and clients of this policy and how to make a complaint; Regularly conducting refresher training with all staff; and Regularly reviewing this policy.

9 AUDITS 11.1 This policy and procedure shall be audited in accordance with the established audit schedule or at the discretion of the Managing Director or Executive General Managers as applicable. APPROVED Pieter Bezuidenhout Managing Director ATTACHMENT 1. Harassment, Bullying and Discrimination Flowchart 2. CF 1.23 Harassment / Bullying / Discrimination Incident Report

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11 11 ANNEX A THE GEO GROUP AUSTRALIA PTY LTD STATEMENT ON HARASSMENT / BULLYING / DISCRIMINATION Management has a general responsibility to ensure the appropriate standards of behaviour are maintained at work. Various provisions exist under legislation which call upon The GEO Group Australia Pty Ltd as an employer, to provide a workplace that is safe and healthy. A workplace that is intimidatory and offensive for some staff due to harassment, bullying, and / or discrimination is unlikely to be safe and healthy for them. In view of these provisions, management must ensure that the workplace is free from harassment, bullying and discrimination. The GEO Group Australia Pty Ltd has determined that the elimination of Harassment, bullying and / or discrimination in the workplace is an important workplace issue and that as an organisation these issues at work will not be tolerated. Harassment, bullying and / or discrimination, creates unprofessional work environments, can negatively affect service delivery and can seriously affect people s health and careers. A workplace devoid of these issues contributes to a positive and productive working environment and promotes sound employment practices. The GEO Group Australia Pty Ltd recognises that harassment, bullying and / or discrimination, generally exists as a problem in the workplace in Australia. The form of harassment obviously varies from place to place and in degree, but, nevertheless, research indicates that it does indeed exist. Management is committed towards the goal of achieving a working environment that is free from hostility, offensiveness and intimidation and consequently free from harassment, bullying and discrimination. In order for this goal to be realised, all staff must be aware of this policy as well as its implications. If, in the event that an employee feels he or she has been subjected to harassment, bullying and or discrimination, an internal administrative process will deal with complaints swiftly, confidentially and objectively. Managers in your area will be able to advise you of the process. The GEO Group Australia Pty Ltd is committed to supporting staff who are subjected to Harassment, bullying and/or discrimination. A range of options exist for you, either through a Contact Officer or the Human Resources Manager, who can provide counselling and support. I reiterate The GEO Group Australia Pty Ltd s strong commitment to the elimination of harassment, bullying and discrimination from the workplace.

12 ANNEX B 12 THE ROLE OF THE CONTACT OFFICER Contact Officers are to be the first point of call for any workplace issue, including harassment, discrimination or bullying concerns. The Contact Officer listens, empathetically to the complainant, explains how the grievance procedure works and informs the employee of the next point of contact or options available in accordance with company policy and procedures. The objective in establishing a Contact Officer network is to facilitate the informal resolution of incidents of harassment, bullying and discrimination by offering a means of seeking confidential support. Contact Officers are available to listen, provide support and advice regarding options. Staff can seek advice from Contact Officers without necessarily becoming involved in a formal complaint. Contact Officers can also act as a resource to advise managers on the issues involved in a complaint of harassment, bullying and or discrimination It is however, an advisory role only. The obligation and authority for resolving complaints remains with management. Contact Officers can also help, where required, in conducting harassment, bullying and/or discrimination awareness sessions for staff. Contact Officers can provide support to complainants when formal investigations are conducted by company appointed investigators. This may take the form of being in attendance when interviews are taking place. It is NOT the role of the Contact Officer to: Act as an advocate and / or mediator, on behalf of a complainant if a complaint is formally submitted. Conduct an investigation into a complaint. Offer legal advice and / or apportion blame Confront the person whose conduct has been reported as offensive. Monitor the work environment for instances of behaviours that do not meet prescribed standards of behaviour. Responsibility for monitoring the work environment lies with Managers. Counsel distressed or anxious staff. If professional counselling is required, the person should be referred to the Company s employee assistance program. If requested the Contact Officer could assist a complainant to formulate a grievance. This assistance is purely to help compile a written complaint. In some cases, a Contact Officer may be approached by an alleged harasser for advice. It would not be appropriate for a Contact Officer to be providing advice to both, the complainant and the alleged harasser, discriminator. In such cases, the alleged harasser / discriminator should be referred to another Contact Officer. In general, it shall be the responsibility of the Contact Officer to keep confidential the nature and content of any discussions they may have.

13 The fundamental features of a successful Contact Officer network are: 13 availability to staff - To carry out their support role successfully, Contact Officers need to be available to staff and there should be no obstacles to staff gaining access to them. As staff are appointed to the positions updated lists shall be forwarded to key work locations for distribution to staff and supervisors. support from management - Contact Officers need to be given sufficient resources to carry out their role effectively. They should be given sufficient time to provide the necessary support to staff. Managers need to recognise the demands placed upon the time and attention of the Contact Officer. resources The Contact Officer may need relief from their normal duties on occasions. The Contact Officer shall have access to a private room (a legal interview room in reception visits) and telephone where conversations can not be overhead. Contact Officers should also be provided with a secure, lockable cabinet for the storage of confidential material. skills - Contact Officers require a range of personal qualities and attributes. The GEO Group Australia Pty Ltd will ensure that all Contact Officers are appropriately trained. It is possible that, on occasions, staff shall speak to Contact Officer about episodes of Harassment, bullying and or discrimination but decide not to lodge a formal complaint. If this occurs Contact Officer would be bound not to reveal any details to managers, but they shall be required to advise the Human Resources Manager with monthly statistics on the number of contacts that have been made. Once briefed by the Contact Officer, the Human Resources Manager should ensure that general preventative strategies are reinforced. In order for Contact Officers to be effective, Managers must be supportive of the confidential nature of the Contact Officer role and not place any duress on the Contact Officer to breach confidentiality. Contact Officers should on NO account be asked or be expected by management to resolve or investigate a complaint of harassment, bullying or discrimination. This is the role of management. However, managers or supervisors may seek information of a general or procedural nature from a Contact Officer to support the resolution process. Harassment, bullying and discrimination awareness sessions shall be included in all induction and refresher training, and periodically included at lock-down training sessions. The GEO Group Australia Pty Ltd has a responsibility in regard to the Anti-Discrimination Act 1991, (Qld) Section 133 (1) and the NSW Anti-Discrimination Act 1977, to ensure that reasonable steps have been taken to prevent staff contravening this Act. If The GEO Group Australia Pty Ltd is unable, on the balance of probabilities, to prove that reasonable steps were taken, then The GEO Group Australia Pty Ltd could be considered to be vicariously liable and therefore to have breached the Anti-Discrimination Act.