Disciplinary action Action taken as a result of the disciplinary process and is always the outcome of a substantiated allegation or assessment which involves a penalty. Discrimination When a person is treated more or less favourably than another person would be in substantially the same circumstances. Discrimination is unlawful when it is on the basis of an attribute described in the Anti-Discrimination Act 1991(i.e. sex, marital status, pregnancy, parental status, breastfeeding, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity; or association with, or relation to, a person identified on the basis of any of the above attributes). Due care The degree of care that a reasonable person can be expected to exercise to avoid harm in the circumstances, or alternatively, the absence of negligence. Duty of Care A duty to do everything reasonably practicable to protect others from harm. Employee In this code means permanent, temporary, casual or contract employees of the Department. Equal employment opportunity (EEO) The creation of conditions that all persons have an equal chance to seek and obtain employment and promotion. EEO requires that people are selected, promoted and treated on the basis of their individual talents and capabilities. Refer to the Equal Opportunity in Public Employment Act 1992and the Anti-Discrimination Act 1991for details. Equity A broad concept that encompasses principles of fairness, consistency, and non-discrimination. In practice, it denotes impartiality and consideration of the individual circumstances of each case. Fraud The intentional use of false representations or deception to avoid an obligation, gain unjust advantage or, in the context of public administration, commonly referred to as ‘rorting the system’.