7.1.2: Developing Codes of Conduct for Adults and Children

We will develop and promote a code of conduct that specifies standards of conduct and care we expect of adults when the deal and interact with children, particularly those in the our care. We will also implement a code of conduct to promote appropriate behaviour between children.

7.1.4: Support, Train, Supervise and Enhance Performance

The [Club] will ensure that all our employees and volunteers who work with children have ongoing supervision; support and training. Our goal is to develop their skills and capacity and to enhance their performance so we can maintain a child-safe environment in our club.

7.1.6: Report and Respond Appropriately to Suspected Abuse and Neglect

The [Club] will ensure that employees and volunteers are able to identify and respond appropriately to children at risk of harm and that they are aware of their responsibilities under state laws to make a report if they suspect on reasonable ground that a child has be, or is being, abused or neglected (See Attachment 4).

In addition to any legal obligations, if any person believes that another person or organisation bound by this policy is acting inappropriately towards a child or is in breach of this policy they may make an internal complaint. 

Please refer to our complaints procedure in section 10 of this policy.

Any person who believes a child is in immediate danger or in a life threatening situation, should contact the police immediately.

[7.2        Supervision

          Children under the age of [18] must be supervised at all times by a responsible adult, preferably the parent or guardian of child. We endeavour to provide an appropriate level of supervision at all times. If a member finds a child under the age of [18] is unsupervised, they should assume responsibility for the child’s safety until the child’s parent/guardian or supervisor is located.

          For reasons of courtesy and safety, parents must collect their children on time. If it appears a member will be left alone with just one child at the end of any club activity, they will ask another member to stay until the child is collected.]

1. 1. Transportation

          Parents and or guardians are responsible for organising the transportation of their children to and from club activities (e.g. training and games).Where we make arrangements for the transportation of children (e.g. for away matches or overnight trips), we will conduct a risk assessment that includes ensuring vehicles are adequately insured, the driver has a current and appropriate licence for the vehicle being used and the appropriate safety measures are in place (e.g. fitted working seatbelts)].

          7.4         Taking Images of Children

Images of children can be used inappropriately or illegally. We require that members, wherever possible, obtain permission from a child’s parent or guardian before taking an image of a child that is not their own. We will also make sure that the parent or guardian understands how the image will be used.

To respect people’s privacy, we do not allow camera phones, videos and cameras to be used inside changing areas, showers and toilets which we control or are used in connection with our club.

When using a photo of a child, we will not name or identify the child or publish personal information, such as residential address, email address or telephone number, without the consent of the child’s parent or guardian. We will not provide information about a child’s hobbies, interests, school or the like, as this can be used by paedophiles or other persons to “groom” a child.

We will only use images of children that are relevant to our club’s activities and we will ensure that they are suitably clothed in a manner that promotes our club. We will seek permission from a child’s parent or guardian before using their images.

8.            Discrimination, Harassment and Bullying

          Our club is committed to providing an environment in which people are treated fairly and equitably and that is, as far as practicable, free from all forms of discrimination, harassment and bullying.

We recognise that people may not be able to enjoy themselves or perform at their best if they are treated unfairly, discriminated against, harassed or bullied.

8.1                      Discrimination

Unlawful discrimination involves the less favourable  treatment of a person on the basis of one or more of the personal characteristics protected by State or Federal anti-discrimination laws.

Discrimination includes both direct and indirect discrimination:

• Direct discrimination occurs if a person treats, or proposes to treat, a person with a protected personal characteristic unfavourably because of that personal characteristic.

• Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice that will disadvantage a person with a protected personal characteristic and that requirement, condition or practice is not reasonable.

For the purpose of determining discrimination, the offender’s awareness and motive are irrelevant.

8.2                      Harassment

Harassment is any unwelcome conduct, verbal or physical, that intimidates, offends or humiliates another person and which happens because a person has a certain personal characteristic protected by State or Federal anti-discrimination legislation.

The offensive behaviour does not have to take place a number of times, a single incident can constitute harassment.

Sexual harassment is one type of harassment. Sexual harassment involves unwelcome conduct, remarks or innuendo of a sexual nature. It covers a wide range of behaviours and can be verbal, written, visual or physical. Sexual harassment is not limited to members of the opposite sex.

Every person is covered by the anti-discrimination laws that apply in their State as well as the Federal anti-discrimination laws.

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.

          Legislation also prohibits:

• racial, religious, homosexual, transgender and HIV/AIDS vilification; and
• victimisation resulting from a complaint.

8.3                      Bullying

The [Club] is committed to providing an environment that is free from bullying. We understand that bullying has the potential to result in significant negative consequences for an individual’s health and wellbeing, and we regard bullying in all forms as unacceptable at our club.

Bullying is characterised by repeated, unreasonable behaviour directed at a person, or group of persons, that creates a risk to health and safety.  Bullying behaviour is that which a reasonable person in the circumstances would expect to victimise, humiliate, undermine, threaten, degrade, offend or intimidate a person.  Bullying behaviour can include actions of an individual or group.

Whilst generally characterised by repeated behaviours, one off instances can amount to bullying.

The following types of behaviour, where repeated or occurring as part of a pattern of behaviour, would be considered 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.

Bullying includes cyber-bulling which occurs through the use of technology. New technologies and communication tools, such as smart phones and social networking websites, have greatly increased the potential for people to be bullied though unwanted and inappropriate comments. We will not tolerate abusive, discriminatory, intimidating or offensive statements being made online.

If any person believes they are being, or have been, bullied by another person or organisation bound by this policy, he or she may make a complaint. (Refer to Item 10 of this policy.)

1.    [Inclusive practices [select all or only those relevant and/or add others]

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.

9.1       People with a disability

The [Club] will not discriminate against any person because they have a disability. Where it is necessary, we will make reasonable adjustments  (e.g. modifications to equipment and rules) to enable participation.

9. 2       People from diverse cultures

We will support, respect and encourage people from diverse cultures and religions to participate in our club and where possible we will accommodate requests for flexibility (e.g. modifications to uniforms).

9.3        Sexual & Gender Identity

All people, regardless of their sexuality or gender identity, are welcome at our club. We strive to provide a safe environment for participation and will not tolerate any form of discrimination or harassment because of a person’s sexuality or gender identity. 

1. 1.          Pregnancy

[Club] is committed to treating pregnant women fairly and to removing any unreasonable barriers to their full participation in our club’s activities. We will not tolerate any discrimination or harassment against pregnant women.

We will take reasonable care to ensure the continuing safety, health and wellbeing of pregnant women. We will advise pregnant women that there may be risks involved with their continuing participation in sport, and we will encourage them to obtain medical advice about those risks.  Pregnant women should be aware that their own health and wellbeing, and that of their unborn child, is of utmost importance in their decision-making about the extent they choose to participate in our sport.

We encourage all pregnant women to talk with their medical advisers, make themselves aware of the facts about pregnancy in sport and ensure that they make informed decisions about their participation in our sport. Pregnant women should make these decisions themselves, in consultation with their medical advisers and in discussion with [Club]. We will only require pregnant women to sign a disclaimer in relation to their participation in our sport whilst they are pregnant if all other participants are required to sign one in similar circumstances. We will not require women to undertake a pregnancy test.

If a pregnant woman believes she is being, or has been, harassed or discriminated against by another person bound by this policy, she may make a complaint (see section 10).

1. 1. Girls playing in boys teams

If there is not a separate sex competition the [Club] will support girls playing in boys teams up until the age of 12 years.

We note that Federal anti-discrimination laws provide that it is not unlawful to discriminate on grounds of sex by excluding persons from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant.

If a child is over the age of 12 years our club will consider each request on an individual basis by considering the nature of our sport and other available opportunities to compete.

10.     Responding to Complaints

[Note: Clubs must ensure that this procedure accurately reflects the rules and procedures in their constituent documents, rules, regulations or by-laws and that such documents enable them to take the disciplinary actions contemplated in this sections.]

10.1        Complaints

Our club takes all complaints about on and off-field behaviour seriously. Our club will handle complaints based on the principles of procedural fairness, and ensure:

• 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].

If the complaint relates to suspected child abuse, sexual assault or other criminal activity, then our club may need to report the behaviour to the police and/or relevant government authority.

10.2        Complaint Handling Process

When a complaint is received by our club, the person receiving the complaint (e.g. President, Member Protection Information Officer) will:

• 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.

Once the complainant decides on their preferred option for resolution, the club will assist, where appropriate and necessary, with the resolution process. This may involve:

• 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.

In situations where a complaint is referred to our [district, regional, state or national] association and an investigation is conducted, the club will:

• 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.

At any stage of the process, a person can seek advice from an anti-discrimination commission or other external agency and, if the matter is within their jurisdiction, may lodge a complaint with the anti-discrimination commission or other external agency.

10.3         Disciplinary Sanctions

Our club may take disciplinary action against anyone found to have breached our policy or made false and malicious allegations. Any disciplinary measure imposed under our policy must:

• 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.

10.4         Appeals

The complainant or respondent may be entitled to lodge an appeal against a decision made in relation to a complaint (including a decision where disciplinary sanctions are imposed by our club) to our [district, regional, state or national] association.  Appeals must be based on any right of appeal provided for in the relevant constituent documents, rules, regulations or by laws.

[Note: It is considered good practice to have a process to appeal against a decision made in respect of a complaint. However, the grounds of an appeal should be specific, for example they may be limited to a denial of procedural fairness, on grounds of unjust or unreasonable disciplinary measure(s) being imposed, or on the grounds that the decision was not supported by the information/evidence presented and available to the decision maker/club. The jurisdiction of the appeal body will need to be outlined in relevant constituent documents, rules, regulations or by-laws which are binding on the complainant and respondent.]

Attachment 1.1:  MEMBER PROTECTION DECLARATION

The[Club] has a duty of care to all those associated with our club and to the individuals and organisations to whom this policy applies. As a requirement of our Member Protection Policy, we must enquire into the background of those who undertake any work, coaching or regular unsupervised contact with people under the age of 18 years.

I ……………………………………………………….. (name) of …………………………………….

.……………………………………………………………….. (address) born ……/……/……………

sincerely declare:

1. I do not have any criminal charge pending before the courts.
2. 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].
3. 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]
4. 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.

5.     I will notify the President of the club immediately upon becoming aware that any of the matters set out in clauses 1 to 4 above has changed.

Declared in the State/Territory of ……………………………………….………………………….

on …….../……./……….(date)   Signature ………………………………………………………….

Parent/Guardian Consent (in respect of a person under the age of 18 years)

I have read and understood the declaration provided by my child.  I confirm and warrant that the contents of the declaration provided by my child are true and correct in every particular. 

Name:……………………………………………….…….

Signature:…………………………………………………

Date: ………………………………………. …………….

Attachment 1.2: WORKING WITH CHILDREN CHECK REQUIREMENTS

Working with Children Checks aim to create a child-safe environment and to protect children and young people involved in our sport from physical and sexual harm.

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.