Member Protection Policy

Noble Park Tennis Club
MEMBER PROTECTION POLICY
VERSION 9.1
October 2024
CONTENTS PAGE
POLICY
- Introduction
- Purpose of Our Policy
- Who Our Policy Applies To
- Extent of Our Policy
- Club Responsibilities
- Individual Responsibilities
- Protection of Children
- Child Protection
- Supervision
- Transportation
- Taking Images of Children
- Discrimination, Harassment and Bullying
- Discrimination
- Harassment
- Bullying
- Inclusive Practices
- People with a Disability
- People from Diverse Cultures
- Sexual & Gender Identity
- Pregnancy
- Girls playing in boys teams
- Responding to Complaints
- Complaints
- Complaint Handling Process
- Disciplinary Measures
- Appeals
Attachment 1: Working With Children Check Requirements
1.1. Member Protection Declaration
1.2. Working with Children Check Requirements
Attachment 2: Codes of Behaviour
Attachment 3: Duty Statements
Attachment 4: Reporting Requirements and Documents
]
[MEMBER PROTECTION POLICY]
___________________________________________________________
1. Introduction
This document is to outline the protection of our members
2. Purpose of Our Policy
The main objective of the [Club’s] (“our”, “us” or “we”) Member Protection Policy (“policy”) is to maintain responsible behaviour and the making of informed decisions by members and other participants in this club. It outlines our commitment to a person’s right to be treated with respect and dignity, and to be safe and protected from discrimination, harassment and abuse. Our policy informs everyone involved in our club of his or her legal and ethical rights and responsibilities and the standards of behaviour that are expected of them. It also covers the care and protection of children participating in our club’s activities.
3. Who Our Policy Applies To
This policy applies to everyone involved in the activities of our club whether they are in a paid or unpaid/voluntary capacity and including:
- club committee members, administrators and other club officials;
- coaches and assistant coaches and other personnel participating in events and activities, including camps and training sessions;
- support personnel, including managers, physiotherapists, psychologists, masseurs, sport trainers and others;
- referees, umpires and other officials;
- athletes;
- members, including any life members;
- parents;
- spectators; and
- [any other person to whom the policy may apply].
4. Extent of Our Policy
Our policy covers all matters directly and indirectly related to the [Club] and its activities. In particular, the policy governs unfair selection decisions and actions, breaches of our code of behaviour and behaviour that occurs at training sessions, in the club rooms, at social events organised or sanctioned by the club (or our sport), and on away and overnight trips. It also covers private behaviour where that behaviour brings our club or sport into disrepute or there is suspicion of harm towards a child or young person.
5. Club Responsibilities
We will:
- adopt, implement and comply with this policy;
- ensure that this policy is enforceable;
- publish, distribute and promote this policy and the consequences of any breaches of this policy;;
- promote and model appropriate standards of behaviour at all times;
- deal with any complaints made under this policy in an appropriate manner;
- deal with any breaches of this policy in an appropriate manner;
- recognise and enforce any penalty imposed under this policy;
- ensure that a copy of this policy is available or accessible to all people and organisations to whom this policy applies;
- review this policy every 12-18 months; and
- seek advice from and refer serious issues to our [district/region/state or national body].
Serious issues include unlawful behaviour that involves or could lead to significant harm and includes criminal behaviour (e.g. physical assault, sexual assault, child abuse) and any other issues that our state or national bodies request to be referred to them.
6. Individual Responsibilities
Everyone associated with our club must:
- make themselves aware of the contents of this policy;
- comply with all relevant provisions of this policy, including the standards of behaviour outlined in this policy;
- consent to the screening requirements set out in this policy, and any state or territory Working with Children checks if the person holds or applies for a role that involves regular unsupervised contact with a child or young person under the age of 18, or where otherwise required by law;
- treat other people with respect;
- always place the safety and welfare of children above other considerations;
- be responsible and accountable for their behaviour; and
- follow the guidelines outlined in this policy if they wish to make a complaint or report a concern about possible child abuse, discrimination, harassment, bullying or other inappropriate behaviour; and
- comply with any decisions and/or disciplinary measures imposed under this policy.
7. Protection of Children
7.1 Child Protection
The [Club] is committed to the safety and wellbeing of children and young people who participate in our clubs activities or use our services. We support the rights of the child and will act at all times to ensure that a child safe environment is maintained.. We also support the rights and wellbeing of our staff and volunteers and encourage their active participation in building and maintaining a secure and safe environment for all participants.
[Club] acknowledges the valuable contribution made by our staff, members and volunteers and we encourage their active participating in providing a safe, fair and inclusive environment for all participants.
7.1.1: Identifying and Analysing Risks of Harm
The [Club] will develop and implement a risk management strategy, which includes a review of our existing child protection practices, to determine how child-safe our organisation is and to identify any additional steps we can take to minimise and prevent the risk of harm to children because of the action of an employee, volunteer or another person.
7.1.2: Developing Codes of Conduct for Adults and Children
The codes will clearly describe professional boundaries, ethical behaviour and unacceptable behaviour. (See Attachment 2)
7.1.3: Choosing Suitable Employees and Volunteers
The [Club] will ensure that the organisation takes all reasonable steps to ensure that it engages the most suitable and appropriate people to work with children, especially those in positions that involve regular unsupervised contact with children .This may be achieved using a range of screening measures. Such measures will aim to minimise the likelihood of engaging (or retaining) people who are unsuitable to work with children.
The [Club] will ensure that Working with Children Checks and criminal history assessments are conducted for employees and volunteers working with children, where an assessment is required by law. If a criminal history report is obtained as part of the screening process, the [Club] will ensure that the criminal history information is dealt with confidentially and in accordance with relevant legal requirements. (See Attachment 1.3)
7.1.4: Support, Train, Supervise and Enhance Performance
7.1.5: Empower and Promote the Participation of Children In Decision-Making And Service Development
The [Club] will promote the involvement and participation of children and young people in developing and maintaining a child-safe environment in our club.
7.1.6: Report and Respond Appropriately to Suspected Abuse and Neglect
Please refer to our complaints procedure in section 10 of this policy.
8. Discrimination, Harassment and Bullying
Discrimination includes both direct and indirect discrimination:
For the purpose of determining discrimination, the offender’s awareness and motive are irrelevant.
The following is a list of all the personal characteristics that apply throughout Australia:
- gender;
- race, colour, descent, national or ethnic origin, nationality, ethno-religious origin, immigration;
- national extraction or social origin;
- marital status, relationship status, identity of spouse or domestic partner;
- pregnancy, potential pregnancy, breastfeeding;
- family or carer responsibilities, status as a parent or carer;
- age;
- religion, religious beliefs or activities;
- political beliefs or activities;
- lawful sexual activity;
- sexual orientation and gender identity;
- profession, trade, occupation or calling;
- irrelevant criminal record, spent convictions;
- irrelevant medical record;
- member of association or organisation of employees or employers, industrial activity, trade union activity;
- physical features;
- disability, mental or physical impairment;
- defence service; and
- personal association with someone who has, or is assumed to have, any of these personal characteristics.
- racial, religious, homosexual, transgender and HIV/AIDS vilification; and
- victimisation resulting from a complaint.
Whilst generally characterised by repeated behaviours, one off instances can amount to bullying.
- verbal abuse including shouting, swearing, teasing, making belittling remarks or persistent unjustified criticism;
- excluding or isolating a group or person;
- spreading malicious rumours; or
- psychological harassment such as intimidation.
Our club is welcoming and we will seek to include members from all areas of our community.
The following are examples of some of our inclusive practices.
9. 2 People from diverse cultures
- all complaints will be taken seriously;
- the person making the complaint (complainant) will be given full details of what is being alleged against them and have the opportunity to respond to those allegations;
- irrelevant matters will not be taken into account;
- decisions will be unbiased; and
- any penalties imposed will be reasonable.
More serious complaints may be escalated to our [district/region/state or national body].
10.2 Complaint Handling Process
- listen carefully and ask questions to understand the nature and extent of the concern;
- ask what the complainant how they would like their concern to be resolved and if they need any support;
- explain the different options available to help resolve the complainant’s concern;
- inform the relevant government authorities and/or police, if required by law to do so; and
- where possible and appropriate, maintain confidentiality but not necessarily anonymity.
- supporting the person complaining to talk to the person being complained about;
- bringing all the people involved in the complaint together to talk objectively through the problem (this could include external mediation);
- gathering more information (e.g. from other people that may have seen the behaviour);
- seeking advice from our district, regional, state and/or national body or from an external agency (e.g. State Department of Sport or anti-discrimination agency);
- referring the complaint to our [district, regional, state or national] association; and/or
- referring the complainant to an external agency such as a community mediation centre, police or anti-discrimination agency.
- co-operate fully with the investigation;
- where applicable, ensure the complainant is not placed in an unsupervised situation with the respondent(s); and
- act on our [district, regional, state or national] association’s recommendations.
- be applied consistent with any contractual and employment rules and requirements;
- be fair and reasonable;
- be based on the evidence and information presented and the seriousness of the breach; and
- be determined by our constituent documents, by Laws and the rules of the game.
Possible sanctions that may be taken include:
- a direction that the individual make verbal and/or written apology;
- counselling of the individual to address behaviour;
- withdrawal of any awards, placings, records, achievements bestowed in any tournaments, activities or events held or sanctioned by our club;
- suspension or termination of membership, participation or engagement in a role or activity;
- de-registration of accreditation for a period of time or permanently;
- a fine; or
- any other form of discipline that our club considers reasonable and appropriate.
Attachment 1.1: MEMBER PROTECTION DECLARATION
I ……………………………………………………….. (name) of …………………………………….
.……………………………………………………………….. (address) born ……/……/……………
- I do not have any criminal charge pending before the courts.
- I do not have any criminal convictions or findings of guilt for sexual offences, offences related to children or acts of violence [add other crimes you consider relevant e.g. narcotics].
- I have not had any disciplinary proceedings brought against me by an employer, sporting organisation or similar body involving child abuse, sexual misconduct or harassment, other forms of harassment or acts of violence [ add other crimes you consider relevant e.g. narcotics]
- To my knowledge there is no other matter that the club may consider to constitute a risk to its members, employees, volunteers, athletes or reputation by engaging me.
Declared in the State/Territory of ……………………………………….………………………….
on …….../……./……….(date) Signature ………………………………………………………….
Parent/Guardian Consent (in respect of a person under the age of 18 years)
Attachment 1.2: WORKING WITH CHILDREN CHECK REQUIREMENTS
They assess the suitability of people to work with children and young people and can involve:
- criminal history checks;
- signed declarations;
- referee checks; and
- other relevant background checks to assess a person’s suitability to work with children and young people.
Working with Children Check requirements vary across Australia. Fact Sheets for each state and territory are available on the Play by the Rules website: www.playbytherules.net
Detailed information, including the forms required to complete a Working with Children Check, are available from the relevant agencies in each state and territory.
Australian Capital Territory
Contact the Office of Regulatory Services
Website: www.ors.act.gov.au/community/working_with_vulnerable_people_wwvp
Phone: 02 6207 3000
New South Wales
Contact the Office of the Children’s Guardian
Website: www.kidsguardian.nsw.gov.au/check
Phone: 02 9286 7276
Northern Territory
Contact the Northern Territory Screening Authority
Website: www.workingwithchildren.nt.gov.au
Phone: 1800 SAFE NT (1800 723 368)
Queensland
Contact the Queensland Government Blue Card Services
Website: www.bluecard.qld.gov.au
Phone: 1800 113 611
South Australia
Contact the Department for Education and Child Development
Website: www.families.sa.gov.au/childsafe
Phone : 08 8463 6468.
National Police Check: www.police.sa.gov.au/services-and-events/apply-for-a-police-record-check
DCSI Child Related Work Screening: http://www.dcsi.sa.gov.au/services/screening
Tasmania
Contact the Department of Justice
Website: www.justice.tas.gov.au/working_with_children
Phone: 1300 13 55 13
Victoria
Contact the Department of Justice
Website: www.workingwithchildren.vic.gov.au
Phone: 1300 652 879
Western Australia
Contact the Department for Child Protection
Website: www.checkwwc.wa.gov.au
Phone: 1800 883 979
Travelling to other states or territories
It is important to remember that when travelling to other states or territories, representatives of sporting organisations must comply with the legislative requirements of that particular state or territory.
In certain jurisdictions, temporary, time limited exemptions from working with children checks may be available for interstate visitors with a Working with Children Check in their home state.
The laws providing interstate exemptions are not consistent across Australia.
If an employee or volunteer for your club is travelling interstate to do work that would normally require a working for children check, you will need to check the relevant requirements of that state or territory.
Attachment 2: CODES OF BEHAVIOUR
See Codes of Behaviour file
.
Attachment 3: DUTY STATEMENTS
See Duty State file
Attachment 4: REPORTING REQUIREMENTS AND DOCUMENTS
RECORD OF COMPLAINT
Name of person receiving complaint |
| Date: / / |
Complainant’s Name |
ÿ Over 18 ÿ Under 18 | |
Complainant’s contact details | Phone: Email: | |
Complainant’s role/status in Club | ÿ Administrator (volunteer) ÿ Parent ÿ Athlete/player ÿ Spectator ÿ Coach/Assistant Coach ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. | |
Name of person complained about |
ÿ Over 18 ÿ Under 18 | |
Person complained about role/status in Club | ÿ Administrator (volunteer) ÿ Parent ÿ Athlete/player ÿ Spectator ÿ Coach/Assistant Coach ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. | |
Location/event of alleged issue |
| |
Description of alleged issue
|
| |
Nature of complaint (category/basis/grounds)
Can tick more than one box | ÿ Harassment or ÿ Discrimination ÿ Sexual/sexist ÿ Selection dispute ÿ Coaching methods
| |
What they want to happen to fix issue |
| |
Information provided to them |
| |
Resolution and/or action taken |
| |
Follow-up action |
|
PROCEDURE FOR HANDLING ALLEGATIONS OF CHILD ABUSE
If you believe a child is in immediate danger or a life-threatening situation, contact the Police immediately on 000.
Fact sheets on reporting allegations of child abuse in different states and territories are available at www.playbytherules.net.au
We will treat any allegation of child abuse or neglect promptly, seriously and with a high degree of sensitivity.
All people working with [insert name of NSO] in a paid or unpaid capacity have a duty to report any concerns to the appropriate authorities, following the steps outlined below.
Step 1: Receive the allegation
If a child or young person raises with you an allegation of child abuse or neglect that relates to them or to another child, it is important that you listen, stay calm and be supportive.
Do | Don’t |
Make sure you are clear about what the child has told you | Do not challenge or undermine the child |
Reassure the child that what has occurred is not his or her fault
| Do not seek detailed information, ask leading questions or offer an opinion. |
Explain that other people may need to be told in order to stop what is happening. | Do not discuss the details with any person other than those detailed in these procedures. |
Promptly and accurately record the discussion in writing.
| Do not contact the alleged offender.
|
Step 2: Report the allegation
- Immediately report any allegation of child abuse or neglect, or any situation involving a child at risk of harm, to the police and/or the relevant child protection agency. You may need to make a report to both.
- Contact the relevant child protection agency or police for advice if there is any doubt about whether the allegation should be reported.
- If the allegation involves a person to whom this policy applies, then also report the allegation to the [insert CEO or other official] of [insert name of NSO] so that he or she can manage the situation.
Step 3: Protect the child and manage the situation
- The [insert CEO or other official] will assess the immediate risks to the child and take interim steps to ensure the child’s safety and the safety of any other children. This may include redeploying the alleged offender to a position where there is no unsupervised contact with children, supervising the alleged offender or removing/suspending him or her until any investigations have been concluded. Legal advice should be sought before any interim steps are made if the person is an employee of [insert name of NSO].
- The [insert CEO or other official] will consider what services may be most appropriate to support the child and his or her parent/s.
- The [insert CEO or other official] will consider what support services may be appropriate for the alleged offender.
- The [[insert CEO or other official] will seek to put in place measures to protect the child and the alleged offender from possible victimisation and gossip.
Step 4: Take internal action
- At least three different investigations could be undertaken to examine allegations that are made against a person to whom this policy applies, including:
- a criminal investigation (conducted by the police)
- a child protection investigation (conducted by the relevant child protection agency)
- a disciplinary or misconduct inquiry/investigation (conducted by [insert name of NSO]).
- [insert name of NSO] will assess the allegations and determine what action should be taken in the circumstances. Depending on the situation, action may include considering whether the alleged offender should return to his or her position, be dismissed, banned or suspended or face other disciplinary action.
- If disciplinary action is undertaken, we will follow the procedures set out in [Clause 9] of our Member Protection Policy.
- Where required we will provide the relevant government agency with a report of any disciplinary action we take.
- Contact details for advice or to report an allegation of child abuse
Australian Capital Territory |
|
ACT Police Non-urgent police assistance
| Office for Children, Youth and Family Services |
New South Wales |
|
New South Wales Police Non-urgent police assistance
| Department of Family and Community Services |
Northern Territory |
|
Northern Territory Police Non-urgent police assistance
| Department of Children and Families |
Queensland |
|
Queensland Police Non-urgent police assistance
| Department of Communities, Child Safety and Disability Services |
South Australia |
|
South Australia Police Non-urgent police assistance
| Department for Education and Child Development |
Tasmania |
|
Tasmania Police Non-urgent police assistance
| Department of Health and Human Services
|
Victoria |
|
Victoria Police Non-urgent police assistance
| Department of Human Services |
Western Australia |
|
Western Australia Police Non-urgent police assistance
| Department for Child Protection and Family Support |
CONFIDENTIAL RECORD OF CHILD ABUSE ALLEGATION
Before completing, ensure the procedures outlined in Procedure for Handling Allegations of Child Abuse have been followed and advice has been sought from the relevant government agency and/or police.
Complainant’s Name (if other than the child) |
| Date Formal Complaint Received: / / |
Role/status in sport |
| |
Child’s name |
| Age: |
Child’s address |
| |
Person’s reason for suspecting abuse (e.g. observation, injury, disclosure) |
| |
Name of person complained about |
| |
Role/status in sport | ÿ Administrator (volunteer) ÿ Parent ÿ Athlete/player ÿ Spectator ÿ Coach/Assistant Coach ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. | |
Witnesses (if more than 3 witnesses, attach details to this form) | Name (1): Contact details: Name (2): Contact details: Name (3): Contact details: | |
Interim action (if any) taken (to ensure child’s safety and/or to support needs of person complained about) |
| |
Police contacted | Who: When: Advice provided:
| |
Government agency contacted | Who: When: Advice provided:
| |
President and/or MPIO contacted | Who: When: | |
Police and/or government agency investigation | Finding:
| |
Internal investigation (if any) | Finding:
| |
Action taken |
| |
Completed by
| Name: Position: Signature: / /
| |
Signed by | Complainant (if not a child)
|
This record and any notes must be kept in a confidential and safe place and provided to the relevant authorities (police and government) should they require them.