Breaches of this policy
Breaches of this policy may fall into one of the following categories, described in detail below, all of which brings, or has the potential to bring, the employee or the Department into disrepute.
- Category 1: illegal — criminal use of material
- Category 2: extreme — non-criminal use of material
- Category 3: critical — offensive material
- Category 4: serious
Category 1: illegal — criminal use of material
This category includes but is not limited to:
- child abuse material offences relating to child pornography covered by the Crimes Act 1958 (Vic).‘Child abuse material’ is defined in section 51A of the Crimes Act 1958 (Vic)
- objectionable material — offences relating to the exhibition, sale and other illegal acts relating to ‘objectionable films’ and ‘objectionable publications’ covered by the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic). Such material has or would attract a classification of X18+ (restricted) or RC (refused classification) under the Guidelines for Classification of Films 2012, Guidelines for the Classification of Computer Games 2012 or National Classification Code scheduled to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)
- reckless or deliberate copyright infringement
- any other material or activity that involves or is in furtherance of a breach of criminal law
Category 2: extreme — non-criminal use of material
This category includes non-criminal use of material that has or may attract a classification of RC or X18+ under the Guidelines for Classification of Films 2012, Guidelines for the Classification of Computer Games 2012 or National Classification Code scheduled to the Classification (Publications, Films and Computer Games) Act 1995 (Cth). This includes any material that:
- depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that the material should not be classified
- describes or depicts in a way that is likely to cause offence to a reasonable adult or a person who is, or appears to be, a child under 18 (whether or not the person is engaged in sexual activity or not)
- promotes, incites or instructs in matters of crime or violence
- includes sexually explicit material that contains real depictions of actual sexual intercourse and other sexual activity between consenting adults
Category 3: critical — offensive material
This category includes other types of restricted or offensive material, covering any material that:
- has or may attract a classification of R18+ under the Guidelines for Classification of Films 2012, Guidelines for the Classification of Computer Games 2012 or National Classification Code scheduled to the Classification (Publications, Films and Computer Games) Act 1995 (Cth). Material may contain sex scenes and drug use that are high in impact
- includes sexualised nudity
- involves racial or religious vilification
- is unlawfully discriminatory
- is defamatory
- involves sexual harassment or bullying
Category 4: serious
This category includes any use which is offensive or otherwise improper.
The categories do not cover all possible breaches of this policy. Matters not covered by the above categories will be dealt with on an individual basis and on the relevant facts.
Reviewed 09 June 2020