Fioretto Fencing Club endorses and uses the Fencing Victoria global memeber protection policy. This not only covers member repsonsibilities towards other club members within Fioretto but also towards members of other clubs when attending State functions or competitions.
All members are encouraged to download and read this document carefully.
* see Part 1, Clause 3 Draft Fencing Victoria Member Protection Policy v1.1 Nov07
MEMBER PROTECTION POLICY
Effective from 30 August 2004*
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CONTENTS
Page
PART I – INTRODUCTION
1. What is the Purpose of this Policy? …………………………………………………………..........1 2. Who does this Policy Apply to? …………………………………………………………................1 3. What is the Status of this Policy? …………………………………………………………..............1 4. What do Words in this Policy Mean? ………………………………………………………….......2 5. Responsibilities under this Policy…………………………………………………………..............2
PART II – PREVENTATIVE ACTION
6. What is Screening?............................................................................................................................................3 7. Prohibited Person Declaration…………………………………………………………...................5
PART III – BREACHES
8. What is Harassment?........................................................................................................................................6 9. What is Discrimination?...................................................................................................................................9 10. What Other Misconduct is a Breach?..........................................................................................................10 11. Codes of Behaviour........................................................................................................................................10 12. What is a Breach of this Policy?....................................................................................................................10 13. Victimisation? ..................................................................................................................................................10 13. Complaint Resolution Procedure.................................................................................................................11 14. Informal Complaint Resolution Procedure................................................................................................11 15. Formal Complaint Resolution Procedure...................................................................................................12 16. Suspected Breaches.........................................................................................................................................13 17. Determinations.................................................................................................................................................14 18. What Penalties may be Imposed?.................................................................................................................14
ATTACHMENTS
Attachment A Policy Definitions ....................................................................................................................16 Attachment B Preventative Action (clauses 6 and 7) Flow Diagram .......................................................18 Attachment C Complaint Resolution Procedure (clauses 14 and 15) Flow Diagram .............................19 Attachment D Codes of Behaviour .................................................................................................................20 Attachment E Prohibited Person Declaration .............................................................................................27
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PART I – INTRODUCTION
This Part sets out the purpose of this Policy, who it applies to, when it commences, what words mean and who has responsibilities under the Policy.
1 What is the Purpose of this Policy?
1.1 The purpose of this Policy is to provide guidelines for the protection of the health, safety and well being of all Fencing Victoria Inc. members and those who participate in the activities of Fencing Victoria Inc., Member Associations and Affiliated Clubs.
1.2 This Policy sets out the procedures to be followed in dealing with Harassment and other forms of inappropriate behaviour in an effective, appropriate and timely manner. The Policy provides a procedure for informal and formal resolution of complaints. 2 Who does this Policy Apply to?
2.1 This Policy applies to the following organisations and individuals:
(a) persons appointed or elected to boards of directors, executives and/or committees (including sub-committees) of Fencing Victoria Inc., Member Associations and Affiliated Clubs; (b) employees of Fencing Victoria Inc., Member Associations and Affiliated Clubs; (c) officials appointed or elected by Fencing Victoria Inc., Member Associations and Affiliated Clubs in relation to players and/or teams which represent such organisations including team management personnel such as managers and physiotherapists; (d) coaches (including assistant coaches) who: (i) are appointed and/or employed by Fencing Victoria Inc., Member Associations and Affiliated Clubs (whether paid or unpaid); or (ii) have an agreement (whether or not in writing) with Fencing Victoria Inc., a Member Association or an Affiliated Club to coach at a facility owned or managed by such organisation; (e) referees, umpires and other officials involved in the regulation of the sport appointed by Fencing Victoria Inc., a Member Association or an Affiliated Club; (f) players who enter any tournament, activity or events (including camps, training sessions, etc) which are held or sanctioned by Fencing Victoria Inc., a Member Association or an Affiliated Club; (g) Member Associations; (h) Affiliated Clubs; (i) any other person or organisation, who or which is, a member of, or affiliated to, Fencing Victoria Inc., a Member Association or an Affiliated Club (including life members); (j) any other person or organisation (for example, a parent/guardian, spectator or sponsor) who or which agrees, in writing or otherwise (whether on a ticket, entry form, etc) to be bound by this Policy.
3 What is the Status of this Policy?
3.1 This Policy is issued by Fencing Victoria Inc. under Paragraph 22(1) of the Fencing Victoria RULES.
3.2 Except to the extent outlined in clause 3.3, this Policy comes into force on 30 August 2004.
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3.3 The reference to Complaints in Part III shall only include Complaints which arise out of incident(s) occurring on or after 30 August 2004, unless the Complaint is of Harassment in which case it must arise out of an incident(s) which occurred on or after 30 August 2004.
3.4 This Policy may be changed from time to time by resolution of the Council.
4 What do Words in this Policy Mean?
4.1 In this Policy, words appearing with a capital shall have the meaning set out in Attachment A and Attachment A will form part of this Policy.
5 Responsibilities under this Policy
5.1 Fencing Victoria Inc. and Member Associations must:
(a) adopt and comply with this Policy; (b) recognise and enforce any penalty imposed under this Policy; (c) publish, distribute and promote this Policy (and any amendments made to it from time to time) to their members in the manner required by Fencing Victoria Inc. and make this Policy available for inspection, or provide a copy; (d) make such amendments to their constitution, rules or by-laws in order for this Policy to be enforceable, as required by Fencing Victoria Inc.; (e) use any forms, contracts and clauses prescribed by Fencing Victoria Inc. in order to give effect to this Policy in such documents as contracts, entry forms and player registration forms, as directed by Fencing Victoria Inc.; (f) appoint and train at least one Member Protection Officer and one Mediator or have access to such persons in another sport to fulfil the functions set out in clauses 14, 15 and 16, and to publish and display the names and contact details of such persons to their members;
5.2 Affiliated Clubs must:
(a) adopt and comply with this Policy; (b) recognise and enforce any penalty imposed under this Policy; (c) publish, distribute and promote this Policy (and any amendments made to it from time to time) to their members in the manner required by Fencing Victoria Inc. and make this Policy available for inspection, or provide a copy; (d) make such amendments to their constitution, rules or by-laws in order for this Policy to be enforceable, as required by Fencing Victoria Inc.; (e) use any forms, contracts and clauses prescribed by Fencing Victoria Inc. in order to give effect to this Policy in such documents as contracts, entry forms and player registration forms, as directed by Fencing Victoria Inc..
5.3 All other organisations and persons (for example, administrators, employees, officials, coaches, players, parents) to which this Policy applies, must:
(a) comply with this Policy; (b) comply with the Codes of Behaviour (as applicable).
5.4 The Executive of Fencing Victoria Inc., the Member Associations and the Affiliated Clubs are responsible for taking all reasonable steps to ensure implementation, compliance and enforcement of this Policy.
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PART II – PREVENTATIVE ACTION
This Part sets out the requirement for mandatory screening and declarations for certain roles.
6 What is Screening?
6.1 One of the ways Fencing Victoria Inc., the Member Associations and the Affiliated Clubs seek to protect the health, safety and well being of people participating in their activities is to screen people for certain roles.
6.2 Screening (as set out in clause 6.4) is mandatory for Fencing Victoria Inc., Member Associations and Affiliated Clubs for Preferred Applicants and Existing Appointees in the following types of roles:
(a) coaches who are appointed or seeking appointment (whether employed, contracted or otherwise) by Fencing Victoria Inc., Member Associations or Affiliated Clubs for reward; (b) volunteer personnel appointed or seeking appointment by Fencing Victoria Inc., Member Associations or Affiliated Clubs, who will or are likely to travel away with teams of players under 18 years of age; and (c) persons appointed or seeking appointment by Fencing Victoria Inc., a Member Association or an Affiliated Club to a role in which that person is likely to have individual and unsupervised contact with players under 18 years of age.
6.3 Screening is highly recommended, but not mandatory, for Preferred Applicants and Existing Appointees in the following types of roles:
(a) volunteer coaches appointed or seeking appointment by Fencing Victoria Inc., a Member Association or an Affiliated Club who will or are likely to travel away with teams of players over 18 years of age; and (b) persons appointed or seeking appointment by Fencing Victoria Inc., a Member Association or an Affiliated Club to a role in which that person is likely to have contact with players under 18 years of age but where such contact is supervised at all times by another adult.
6.4 For the purposes of this Policy, screening shall mean:
(a) Checking the Preferred Applicant’s referees; (b) Interviewing the Preferred Applicant as to their suitability for the proposed role and their suitability for involvement with children under 18 years of age; and (c) Obtaining a Police Check of Preferred Applicants and Existing Appointees.
6.5 Checking the Preferred Applicant’s referees includes making verbal or written inquiries of their nominated referees (preferably at least 2) as to the Preferred Applicant’s suitability for the proposed role and their suitability for involvement with children under 18 years of age.
6.6 The purpose of a Police Check is to see whether the person has any previous relevant criminal convictions. If the Police Check reveals that the person has committed any criminal offences then the following applies:
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(a) If the offence (whenever it occurred) is one involving a serious sex offence (see clause 7.2), assault against a person or an offence which in any way involved persons under 18 years of age, then:
(i) in the case of a Preferred Applicant, they must not be appointed to the role; (ii) in the case of an Existing Appointee, steps must be taken to transfer the person to another role which is not set out in clause 6.2 or if no such alternatives exist, to end the appointment of the person. Note: legal advice should be sought before the process of termination begins.
(b) If the offence is one other than those in clause 6.6(a), such as an offence to property or a minor traffic offence, then the Preferred Applicant may be appointed, subject to satisfaction of any other criteria for the role.
6.7 All persons to whom this Policy applies must agree to Fencing Victoria Inc., the relevant Member Association or the relevant Affiliated Club obtaining a Police Check of them if they apply for or currently hold a role of the type set out in clause 6.2. The Police Check must be obtained, in the case of:
(a) a Preferred Applicant, prior to the appointment; (b) an Existing Appointee, by 1 September 2004.
6.8 Where a Police Check has been obtained under this Policy, another organisation which is required to screen may, for the purposes of clause 6.4, obtain a copy of the Police Check, provided the consent of the person is obtained and the Police Check was obtained in the last 3 years.
6.9 If a Preferred Applicant or Existing Appointee is not willing to agree to a screening, Fencing Victoria Inc., the relevant Member Association or the relevant Affiliated Club shall:
(a) in the case of a Preferred Applicant, not appoint the person to any of the roles; (b) in the case of an Existing Appointee, steps must be taken to transfer the person to another role which is not set out in clause 6.2 or if no such alternatives exist, to end the appointment of the person. Note: legal advice should be sought before the process of termination begins.
6.10 All information obtained during the course of screening (including any Police Check) must be kept confidential to the persons or committee within Fencing Victoria Inc., the Member Association or the Affiliated Club who has been delegated the task of investigating and/or making the appointment for the role. Information collected during screening about a person who is not appointed to the role must be returned to the Preferred Applicant and not retained unless the Preferred Applicant agrees.
6.11 Successful Preferred Applicants or Existing Appointees must immediately advise, in writing, The President (or in their absence their Nominee) of the organisation that appointed them if they are convicted of a criminal offence.
6.12 Screening under this Policy is not a replacement for any similar requirement prescribed by law. If State screening legislation sets an equivalent or higher standard of screening to that set under this Policy, the requirement to screen under this Policy need not be followed as it would be superseded by any similar requirement prescribed by law.
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7 Prohibited Person Declaration
7.1 In addition to screening, Fencing Victoria Inc., the Member Associations and the Affiliated Clubs require a Prohibited Person Declaration of all Preferred Applicants and Existing Appointees appointed to a role set out in clause 7.3.
7.2 In this Policy, the following words shall mean:
‘Prohibited Person’ means a person who has been convicted of a Serious Sex Offence.
‘Prohibited Person Declaration’ means a declaration in relation to Serious Sex Offences as set out in Attachment F.
‘Serious Sex Offence’ means an offence involving sexual activity or acts of indecency including but not limited to:
• Rape • Indecent assault • Sexual assault • Assault with intent to have sexual intercourse • Incest • Sexual penetration of child under the age of 16 • Indecent act with child under the age of 16 • Sexual relationship with child under the age of 16 • Sexual offences against people with impaired mental functioning • Abduction and detention • Procuring sexual penetration by threats or fraud • Procuring sexual penetration of child under the age of 16 • Bestiality • Soliciting acts of sexual penetration or indecent acts • Promoting or engaging in acts of child prostitution • Obtaining benefits from child prostitution • Possession of child pornography • Publishing child pornography and indecent articles.
7.3 It is mandatory for Fencing Victoria Inc., Member Associations and Affiliated Clubs to obtain a Prohibited Person Declaration from Preferred Applicants and Existing Appointees in the following types of roles:
(a) coaches who are appointed or seeking appointment (whether employed, contracted or otherwise) by Fencing Victoria Inc., Member Associations or Affiliated Clubs for reward; (b) volunteer personnel appointed or seeking appointment by Fencing Victoria Inc., Member Associations or Affiliated Clubs, who will or are likely to travel away with teams of players under 18 years of age; and (c) persons appointed or seeking appointment by Fencing Victoria Inc., a Member Association or an Affiliated Club to a role in which that person is likely to have individual and unsupervised contact with players under 18 years of age.
7.4 It is a breach of this Policy for a Prohibited Person to work or seek work in the roles set out in clause 7.3.
7.5 It is also a breach of this Policy for Fencing Victoria Inc., a Member Association or an Affiliated Club to:
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(a) in the case of a Preferred Applicant, appoint the Preferred Applicant in any of the roles set out in clause 7.3 without first obtaining a Prohibited Person Declaration or to appoint a Preferred Applicant who is a Prohibited Person; (b) in the case of an Existing Appointee, to continue to appoint a Prohibited Person in the roles set out in clause 7.3.
7.6 The Prohibited Person Declaration must be obtained, in the case of:
(a) a Preferred Applicant, prior to the appointment; (b) an Existing Appointee, by 1 March 2003.
7.7 If the Prohibited Person Declaration is not provided in accordance with clause 7.6, or the Prohibited Person Declaration reveals that the person is a Prohibited Person, Fencing Victoria Inc., the relevant Member Association or the relevant Affiliated Club must:
(a) in the case of a Preferred Applicant, not appoint the person to any of the roles set out in clause 7.3; (b) in the case of an Existing Appointee, steps must be taken to transfer the person to another role which is not set out in clause 7.3 or if no such alternatives exist, to end the appointment of the person. Note: legal advice should be sought before the process of termination begins.
7.8 All information in the Prohibited Person Declaration must be kept confidential to the persons or committee within Fencing Victoria Inc., the Member Association or the Affiliated Club who has been delegated the task of requesting and reviewing the Prohibited Person Declaration.
7.9 Successful Preferred Applicants or Existing Appointees must immediately advise, in writing, the President (or in their absence their Nominee) of the organisation that appointed them, upon becoming a Prohibited Person.
7.10 Obtaining a Prohibited Person Declaration under this Policy is not a replacement for any similar requirement prescribed by law. If State legislation sets an equivalent or higher standard to that set under this Policy the requirement to obtain a Prohibited Person Declaration under this Policy need not be followed as it would be superseded by any similar requirement prescribed by law.
PART III – BREACHES
This Part outlines what constitutes a breach of this Policy.
8 What is Harassment?
8.1 Harassment is any behaviour by a person or organisation to whom this Policy applies which is offensive, abusive, belittling or threatening and which is directed at a person or a group of people because of a particular characteristic of that person or group of people. The behaviour must be unwelcome and the sort of behaviour a reasonable person would recognise as being unwelcome and likely to cause the recipient to feel offended, humiliated or intimidated. Whether or not the behaviour is Harassment is determined from the point of view of the person receiving the Harassment.
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8.2 Harassment includes:
(a) Sexual Harassment (clauses 8.3 to 8.6); (b) Racial Harassment (clauses 8.7 and 8.8); (c) Sexuality Harassment (clauses 8.9 to 8.11); (d) Disability Harassment (clauses 8.12 and 8.13); (e) Abuse (clauses 8.14 to 8.16); (f) Vilification (clause 8.18); and (g) Discrimination (clause 9).
8.3 Sexual Harassment includes:
(a) an unwelcome sexual advance; or (b) an unwelcome request for sexual favours; or (c) any unwelcome conduct of a sexual nature (including a statement, orally or in writing, of a sexual nature),
where the person being harassed felt offended, humiliated or intimidated and this was reasonable in the circumstances.
8.4 Sexual Harassment is often, but need not be, behaviour which either:
(a) involves blackmail, in that the harassment is accompanied by a direct or implied threat, promise or benefit. For example, a coach who implies that a player’s selection to a team is dependent on compliance with a sexual proposition; or (b) creates a hostile or sexually permeated environment, in that the harassment consists of crude remarks, jokes, the display of offensive material or makes the environment uncomfortable.
8.5 Examples of Sexual Harassment may include:
• Uninvited touching, kissing, embracing, massaging; • Staring, leering, ogling; • Smutty jokes and comments; • Persistent or intrusive questions about people’s private lives; • Repeated invitations to go out, especially after prior refusal; • The use of promises or threats to coerce someone into sexual activity; • The display of sexually explicit material, eg Internet use, computer screen savers, calendars, posters; • Getting undressed in front of others of the opposite sex; • Invading the privacy of others while showering or toileting; • Photographing others while undressing, showering or toileting.
8.6 Sexual Harassment may be a criminal offence, for example indecent assault, rape, obscene telephone calls or letters. If you believe that a criminal offence may have been committed you may seek advice from the relevant State or Territory authority that administers the relevant law (eg. the Anti- Discrimination Board in NSW) or legal advice and/or notify the police. You can do this without divulging the name or identity of the complainant.
8.7 Sexual behaviour of any kind between an adult and a minor must be reported to the appropriate authorities.
8.8 Racial Harassment includes harassment based on colour, descent, national or ethnic origin, cultural activity and sometimes religion.
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8.9 Examples of Racial Harassment include:
• Jokes in which race is a significant characteristic of the ‘butt’ of the joke; • Hostile comments about food eaten, dress or religious or cultural practices; • Inferences that all members of a racial or cultural group have particular negative characteristics, such as laziness, drunkenness, greed or sexual promiscuity; • Parodying accents.
8.10 Sexuality Harassment includes harassment based on actual or assumed homosexuality, heterosexuality, bi-sexuality or transsexuality.
8.11 Examples of Sexuality Harassment include:
• Jokes in which sexuality is a significant characteristic of the ‘butt’ of the joke; • Hostile comments about assumed sexual practices or social activities.
8.12 In severe cases, such as threats or acts of violence against a homosexual person, Sexuality Harassment may be a criminal offence. If you believe that a criminal offence may have been committed you may seek advice from the relevant State or Territory authority that administers the relevant law (eg. the Anti-Discrimination Board in NSW) or legal advice and/or notify the police. You can do this without divulging the name or identity of the complainant.
8.13 Disability Harassment includes harassment based on physical, mental or psychological disability or harassment of an associate or aide of a person with a disability.
8.14 Examples of Disability Harassment include:
• Jokes where a particular disability is a significant characteristic of the ‘butt’ of the joke; • Interfering with a disability aid, (eg hearing aid); • Obstructing a person in a manner that compounds his or her disability, (eg putting obstacles in the path of a person with a vision impairment); • Mocking a person’s disability; • Hostility based on assumed AIDS or HIV infection.
8.15 Abuse may be a form of Harassment. It includes:
(a) physical abuse, (eg assault); (b) emotional abuse, (eg blackmail, repeated requests or demands, excluding someone or ‘bastardisation’ practices); (c) neglect, (eg failure to provide the basic physical and emotional necessities of life); (d) abuse of power, which the harasser holds over the harassed.
Examples of relationships in (d) that involve a power disparity include a coach–player, manager– player, employer–employee, doctor–patient. People in such positions of power need to be particularly wary not to exploit that power.
8.16 Examples of abusive behaviour include:
• Bullying and humiliation of players by coaches; • Verbal abuse and insults directed by players or parents at opposing participants; • Verbal and/or physical abuse of umpires by players and coaches.
8.17 Some forms of Abuse may constitute a criminal offence, for example assault and child abuse. If you believe that a criminal offence may have been committed you may seek advice from the relevant State or Territory authority that administers the relevant law (eg. the Anti-Discrimination Board in NSW) or legal advice and/or notify the police.
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8.18 Racial Vilification involves a person inciting hatred towards, serious contempt for, or severe ridicule of, a person or group of persons by public act. Public acts that may amount to vilification include any form of communication to the public and any conduct observable by the public.
8.19 Racial or other forms of Vilification are breaches of this Policy where they are based on any of the attributes or characteristics set out in clause 9.2.
9 What is Discrimination?
9.1 Discrimination is treating or proposing to treat a person less favourably than someone else in certain areas of public life on the basis of an attribute or personal characteristic they have.
9.2 The applicable attributes or characteristics are:
• Age; • Disability; • Marital status; • Parental/Carer status; • Physical features; • Political belief/activity; • Pregnancy; • Race; • Religious belief/activity; • Sex or gender; • Sexual orientation; • Transgender orientation.
9.3 The areas in which Discrimination under this Policy are not permitted are in:
(a) employment (including unpaid employment) by Fencing Victoria Inc., a Member Association or an Affiliated Club; (b) the provision of goods and services by Fencing Victoria Inc., a Member Association or an Affiliated Club; (c) the selection or otherwise of any person for competition or a team (domestic or international) by or on behalf of Fencing Victoria Inc., a Member Association or an Affiliated Club; (d) the entry or otherwise of any player or other person to any competition held or sanctioned by Fencing Victoria Inc., a Member Association or an Affiliated Club (note the exception in clause 9.9); (e) obtaining or retaining membership (including the rights and privileges of membership) of Fencing Victoria Inc., a Member Association or an Affiliated Club.
9.4 Not only is Discrimination unlawful, but Fencing Victoria Inc., the Member Associations and the Affiliated Clubs also consider it is unjust because it may deny people a chance by judging them on the basis of stereotypes or assumptions about what they can or cannot achieve.
9.5 Discrimination includes direct Discrimination and indirect Discrimination. Direct Discrimination occurs if a person treats, or proposes to treat, someone with an attribute or characteristic (as outlined in clause 9.2) less favourably than the person treats or would treat, someone without that attribute or characteristic, in the same or similar circumstances. Indirect Discrimination occurs where a person imposes or intends to impose a requirement, condition or practice which on its face is not discriminatory, but has the effect of discriminating against a person(s) with a particular attribute.
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9.6 Requesting, assisting, instructing, inducing or encouraging another person to engage in Discrimination, is also Discrimination.
9.7 Any behaviour or conduct that is Discrimination under any Federal or State legislation is also Discrimination for the purposes of this Policy.
10 What Other Misconduct is a Breach?
10.1 Conduct by persons or organisations to whom this Policy applies which is not Harassment and which (if committed) is a breach of this Policy, (referred to as ‘Other Misconduct’) means and includes the following:
10.2 Victimisation occurs where a person is subject to, or is threatened to suffer, any detriment or unfair treatment, because that person has or intends to pursue their legal rights under anti-harassment or anti-discrimination legislation or under this Policy.
11 Codes of Behaviour
11.1 To protect the health, safety and well being of all the people participating in the activities of Fencing Victoria Inc., Member Associations and Affiliated Clubs, Fencing Victoria Inc. has developed and issued Codes of Behaviour. The Codes of Behaviour are set out in Attachment E and Attachment E will form part of this Policy.
12 What is a Breach of this Policy?
12.1 It is a breach of this Policy for any person or organisation to whom this Policy applies to:
(a) Fail to comply with any of the responsibilities set out in clause 5; (b) Breach any part of the Codes of Behaviour; (c) Appoint, or continue to appoint, a person to a role set out in clause 6.2: (i) without first undertaking screening (see clause 6.4); and (ii) where the Police Check reveals the person has committed an offence of the type set out in clause 6.6(a); (d) Appoint, or continue to appoint, a person to a role set out in clause 7.3: (i) without first obtaining a Prohibited Person Declaration; or (ii) where the Prohibited Person Declaration reveals the person is a Prohibited Person; (e) Where the person is a Prohibited Person, to work or seek work in the roles set out in clause 7.3; (f) Engage in any form of Harassment; (g) Engage in behaviour set out in clause 10; (h) Make a frivolous, vexatious or malicious Complaint under this Policy;
12.2 Any circumstances that may be a breach may be the subject of a Complaint.
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13 Complaint Resolution Procedure
13.1 Any person or organisation may make a complaint about a person or organisation to whom this Policy applies, if they consider that person or organisation has, or may have, committed a breach of any part of this Policy (a ‘Complaint’).
13.2 The Complaint always belongs to the complainant, who will determine how their Complaint is dealt with. The Complaint will not be divulged to another person without the complainant’s agreement, except in the case where a person is required by law to report the matter to governmental authorities (for example, in the case of suspected child abuse).
13.3 It is recommended that Complaints are handled, as far as possible, at an informal level. A commonsense, low-key approach is often far more satisfactory to the complainant and to the person complained about.
13.4 The four principles of case handling will apply at every stage of these procedures. This means that all responsible persons will handle all cases: • promptly, • seriously, • sensitively and • confidentially.
14 Informal Complaint Resolution Procedure
14.1 A person or organisation that has a Complaint (‘a complainant’) may seek to resolve the Complaint informally. It is hoped the complainant will make an initial approach to a Member Protection Officer within Fencing Victoria Inc. or within the sports industry.
If the complainant makes an approach to: (a) the President (or in their absence their Nominee) of Fencing Victoria Inc., a Member Association or an Affiliated Club; or (b) another appropriate person within the organisation (eg team manager, coach etc) then it is desirable that the person also seeks the advice of an MPO who has been especially trained for this purpose.
If there are no trained (or available) MPOs on staff or within the organisation’s membership, it is recommended access to a trained MPO working in an allied sport be obtained via the Australian Sports Commission Ethics in Sport Unit.
14.3 Member Protection Officers will:
(a) listen to the complainant in an empathetic, supportive manner; (b) inform the complainant about their possible options; and/or (c) act as a support person for the complainant, including supporting them through any mediation process undertaken to resolve the Complaint, if the complainant wishes.
14.4 The Member Protection Officer will: (a) keep the matter confidential and only discuss it with those people whom the complainant has authorised them to speak to about the Complaint; and/or (b) inform the relevant governmental authority, if required by law; and
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(c) consult by seeking advice from the relevant State or Territory authority that administers the relevant law (eg. the Anti-Discrimination Board in NSW). 14.5 If the complainant wishes to try and resolve the Complaint by mediation, the Member Protection Officer will, in consultation with the complainant, arrange for a mediator (either the Mediator of Fencing Victoria Inc. or the relevant Member Association, or a relevant third person) to mediate the Complaint.
14.6 While there are some trained Mediators in most States and Territories, organisations are encouraged to access mediation skills from their community (eg. alternative dispute resolution services), to seek advice from the relevant State or Territory authority that administers the relevant law (eg. the Anti- Discrimination Board in NSW) or to contact the ASC where a case presents particular difficulties. The Australian Sports Commission Ethics in Sport Unit can provide access to trained Mediators from a range of sporting organisations.
14.7 The Mediator shall:
(a) notify the person complained about that an informal Complaint has been made and provide them with details of the Complaint; (b) attempt to mediate a resolution between the complainant and the person complained about.
14.8 If an agreed resolution is reached between the complainant and the person complained about, the Complaint shall be deemed to have been resolved and no further action in relation to that Complaint may be taken (except for that which is agreed) under this Policy.
14.9 If following the process in clause 14.6 the Complaint is not resolved informally, the complainant may make a formal Complaint under clause 15.
14.10 Nothing in this Policy prevents the complainant taking action under State or Federal legislation.
14.11 It is not necessary to provide a written Complaint under Clause 14.
15 Formal Complaint Resolution Procedure
15.1 In order for a Complaint to be dealt with in accordance with this clause, a Complaint is usually made in writing (however it need not be called or referred to as a Complaint).
15.2 A written Complaint must be made to one of the following people:
(a) a Member Protection Officer of Fencing Victoria Inc. or the relevant Member Association. (A list of the Member Protection Officers must be made available to any person requesting such list and shall be displayed at the premises of Fencing Victoria Inc., Member Associations and Affiliated Clubs); or (b) the President (or in their absence their Nominee) of Fencing Victoria Inc., the relevant Member Association or the relevant Affiliated Club.
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15.3 If a person listed in clause 15.2 receives a Complaint and that Complaint alleges Harassment or Discrimination, then they should ensure that the complainant is offered the services of a Member Protection Officer who will offer services as set out in clauses 14.3 and 14.4.
15.4 If the complainant wishes to proceed to resolve the Complaint by formal mediation, the Member Protection Officer shall immediately notify the Mediator of Fencing Victoria Inc. or the Member Association that a Complaint has been made and provide them with a copy of the written Complaint. If an attempt to mediate informally was made under clause 14.5, the Mediator under this clause cannot be the same person.
15.5 The Mediator shall:
(a) notify the person complained about, in writing, that a Complaint has been made and provide them with a copy of the written Complaint; (b) attempt to mediate a formal resolution between the complainant and the person complained about.
15.6 If an agreed resolution is reached between the complainant and the person complained about, the Complaint shall be deemed to have been resolved and no further action in relation to that Complaint may be taken (except for that which is agreed) under this Policy.
15.7 If following the process in clause 15.5 an agreed resolution is not reached, the Mediator, in consultation with the complainant and following their wishes, will:
(a) refer the Complaint to the relevant Member Association for them to resolve or arbitrate as they see fit; or
(b) refer the Complaint to the relevant State or Territory authority that administers the relevant law (eg. the Anti-Discrimination Board in NSW); or
(c) close the Complaint because that is the wish of the complainant.
15.8 If a complainant withdraws the Complaint (which alleges Harassment), no further action in relation to that Complaint may be taken (unless required by law) under this Policy.
15.9 Nothing in this Policy prevents the complainant taking action under State or Federal legislation.
16 Suspected Breaches
16.1 If a Complaint is not received, but the President or in their absence their Nominee or a Member Protection Officer of Fencing Victoria Inc. or a Member Association receives information (whether or not in writing) which gives them reasonable cause to suspect that a breach of this Policy may have been committed, then he or she shall do the following:
(a) if the information gives them reasonable cause to suspect a breach of this Policy involving Harassment or Discrimination, then such person shall use their reasonable endeavors to advise the person who is suspected of being subject to Harassment, of the complaints procedures under this Policy, including the services provided by a Member Protection Officer; or
(b) if the information gives them reasonable cause to suspect a breach of this Policy other than Harassment or Discrimination, then he or she shall refer the information to the relevant Member Association.
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16.2 Except as otherwise provided in this Policy, all information obtained by the President, their Nominee, the Member Protection Officer, the Mediator or the Hearings Convenor in accordance with this clause must be kept confidential.
17 Determinations
17.1 Where the Member Association receives:
(a) a Complaint referred to it under clause 15.4 or 15.7; or (b) information referred to it under clause 16.1(b),
the responsible officer shall follow the procedures set out in this clause.
17.2 Upon receipt of the Complaint or the information, the responsible officer shall as soon as possible determine what needs to be done. They will do this by:
(a) consulting with the complainant and with any Member Protection Officers or Mediators who have already been involved and if relevant, with the person complained about; (b) making a determination on the case which may include, but is not limited to, the following: (i) refer the Complaint to the relevant State or Territory authority that administers the relevant law (eg. the Anti-Discrimination Board in NSW); (ii) disciplinary action or imposition of a penalty (see clause 18); (iii) a new, or further, attempt at mediation; (iv) closure; or (v) any other relevant determination;
(c) provided that any persons involved in the determinations do not include a person who would, by reason of their relationship with the complainant or the person complained about, be reasonably considered to be other than impartial.
17.3 Frivolous, vexatious or malicious Complaints are unlawful. If, at any point in the Complaint proceedings, it is determined that the Complaint was, indeed, frivolous, vexatious or malicious, then the matter will be referred to the Member Association and the responsible officer will make a determination as at clause 17.2(b). Such a determination will always consider referral to the State or Territory authority which administers the relevant law (noting that in all jurisdictions such unlawful actions are punishable by a fine or gaol sentence). 18 What Penalties may be Imposed?
18.1 If the Member Association and/or responsible officer considers that a person or organisation to whom this Policy applies, has breached this Policy, it may impose any one or more of the following penalties:
18.1.1 For breaches committed by individual persons: (a) direct that the offender attend counselling to address their conduct; (b) recommend that Fencing Victoria Inc., the relevant Member Association or the relevant Affiliated Club terminate the appointment of the role which the offender holds with such organisation; (c) where there has been damage to property, direct that the offender pay compensation to the relevant organisation which controls or has possession of the property;
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(d) impose a monetary fine; (e) impose a warning; (f) in the case of a coach, direct the relevant organisation to de-register the accreditation of the coach for a period or indefinitely; (g) withdraw any awards, placings, records won in any tournaments, activities or events held or sanctioned by Fencing Victoria Inc., a Member Association or an Affiliated Club; (h) direct the offender to repay all or part of any financial assistance (excluding any fee for service, wages or expenses) given to them by the Australian Sports Commission, any Federal or State funding agency, the Australian Olympic Committee, Fencing Victoria Inc., a Member Association, an Affiliated Club or any other organisation which has provided funding; (i) any other such penalty as the organisation considers appropriate.
18.1.2 For breaches committed by organisations:
(a) direct that any funding granted or given to it by Fencing Victoria Inc. or a Member Association cease from a specified date; (b) impose a monetary fine; (c) impose a warning; (d) recommend to Fencing Victoria Inc. and/or the relevant Member Association that its membership of such organisation be suspended or terminated in accordance with their applicable constitution; (e) direct that any rights, privileges and benefits provided to that organisation by Fencing Victoria Inc. or a Member Association be suspended for a specified period and/or terminated; (f) direct that Fencing Victoria Inc. and Member Associations cease to sanction events held by or under the auspices of that organisation; (g) any other such penalty as the organisation considers appropriate.
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ATTACHMENT A
POLICY DEFINITIONS
‘Abuse’ means a form of Harassment, as more specifically set out in clauses 8.15 to 8.17.
‘Affiliated Clubs’ means those clubs or organisations (howsoever described), which are a member of, or affiliated to, a Member Association [this definition may need to be amended].
‘Australian Sports Commission’ means the government agency established under the Australian Sports Commission Act 1989 and includes the Australian Institute of Sport.
[‘CEO’ means the chief executive officer of an organisation, howsoever described (may include the executive officer, general manager or other similar title).]
‘Codes of Behaviour’ means the codes of behaviour developed and issued by Fencing Victoria Inc. as set out in Attachment E.
‘Complaint’ means a complaint made under clauses 13 to 15.
‘Constitution’ means the statement of purposes and rules or constitution of Fencing Victoria Inc. as amended from time to time.
‘Disability Harassment’ means a form of Harassment, as more specifically set out in clauses 8.13 and 8.14.
‘Discrimination’ means a form of Harassment, as more specifically set out in clause 9.
‘Existing Appointee’ means a person currently elected, appointed or holding a position, whether by way of employment, contract or otherwise and whether paid or unpaid.
‘Harassment’ has the meaning set out in clause 8.
‘Mediator’ means a person appointed in accordance with clause 5.1(f) to mediate disputes and concerns in relations to Complaints under this Policy.
‘Member Associations’ means those entities which are members of Fencing Victoria Inc. in accordance with its Constitution [assumes that the members of Fencing Victoria Inc. are the State Associations — if this is not the case, this definition will need to be amended].
‘Member Protection Officer’ means a person appointed in accordance with clause 5.1(f), who may be the first point of contact for someone bringing a Complaint under this Policy.
‘Police Check’ means a police records check which conducts a search on a national basis.
‘Policy’ and ‘this Policy’ means this Member Protection Policy.
‘Preferred Applicant’ means a person short listed for a position, whether by way of employment, contract or otherwise and whether paid or unpaid.
‘Racial Harassment’ means a form of Harassment, as more specifically set out in clauses 8.8 and 8.9.
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‘Sexual Harassment’ means a form of Harassment, as more specifically set out in clauses 8.3 to 8.6.
‘Sexuality Harassment’ means a form of Harassment, as more specifically set out in clauses 8.10 to 8.12.
‘their Nominee’ means the person who is, under the constitution of the relevant organisation, empowered to act in the President's absence. [In the case of the President, it may include a Vice-President, Deputy Chairperson or other similar title, however described and in the case of the CEO it may include the acting CEO, acting executive officer, acting general manager or other similar title, however described].
‘Vilification’ may constitute a form of Harassment or Discrimination, as more specifically set out in clause 8.18.
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ATTACHMENT B
PREVENTATIVE ACTION (CLAUSES 6 AND 7) FLOW DIAGRAM
Attachment B has been included in this Policy by way of summary and it is not to be used for the interpretation of this Policy.
Is the Preferred Applicant/ Existing Appointee of NSO, Member Association (MA) or Affiliated Club (AC) a: • coach appointed for reward • volunteer personnel appointed who will or is likely to travel away with teams of players under 18 years of age • person appointed to role likely to have individual and unsupervised contact with players under 18 years of age
No
NSO, MA or AC must: (1) Screen: • check Preferred Applicant referees • interview Preferred Applicant • obtain a Police Check of the Preferred Applicant/Existing Appointee (2) Obtain Prohibited Person Declaration
In case of: • Preferred Applicant, they must not be appointed • Existing Appointee, steps must be taken to transfer person to another role, or if no alternative exists, to end the appointment
Yes
Yes
Screening and Prohibited Person Declaration optional
Does the Police Check reveal an offence under clause 6.6(a) OR Does the Prohibited Person Declaration reveal that the person is a Prohibited Person
No
Person may be appointed
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ATTACHMENT C
COMPLAINT RESOLUTION PROCEDURE FLOW DIAGRAM (clauses 14 and 15)
Suspected Breach of NSO Policy
Complainant approaches: • Member Protection Officer (MPO) of an NSO Might also approach: • President, CEO or their nominee of NSO • Other appropriate NSO person (i.e coach, manager etc) • External agency
If MPO approached they: • Listen • Give information/options • Can act as support person, or • Refer to Mediator
INFORMAL approach
FORMAL approach
When system is working well, 90% of complaints are resolved at this point
SUCCESSFUL (resolution of complaint)
UNSUCCESSFUL (complaint unresolved)
Options Complainant may choose to: • Lodge formal complaint internally • Lodge formal complaint externally ie. at relevant State/Territory agency
Lodge written complaint with: • Member Protection Officer (MPO) of an NSO • President, CEO or their Nominee of NSO
MEDIATION -attempts to resolve complaint
SUCCESSFUL (resolution of complaint)
UNSUCCESSFUL (complaint unresolved)
Lodge formal complaint externally ie. at relevant State/Territory agency
Suspected Misconduct (other than Harassment or Discrimination)
Refer to EOC or Anti- Discrimination Board/Commission
Complainant
Suspected Harass- ment/Discrimination
NSO invokes HFS Policy
MEDIATION – attempts to resolve complaint
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ATTACHMENT D
General Code of Behaviour
As a member of Fencing Victoria, a member association or an affiliated club or a person required to comply with Fencing Victoria’s Member Protection Policy, you must meet the following requirements in regard to your conduct during any activity held or sanctioned by Fencing Victoria, a member association or an affiliated club and in any role you hold within Fencing Victoria, a member association or an affiliated club: Respect the rights, dignity and worth of others. Be fair, considerate and honest in all dealing with others. Be professional in, and accept responsibility for, your actions. Make a commitment to providing quality service. Be aware of, and maintain an uncompromising adhesion to, Fencing Victoria’s standards, rules, regulations and policies. Operate within the rules of the sport including national and international guidelines which govern Fencing Victoria, the member associations and the affiliated clubs. Do not use your involvement with Fencing Victoria, a member association or an affiliated club to promote your own beliefs, behaviours or practices where these are inconsistent with those of Fencing Victoria, a member association or an affiliated club. Demonstrate a high degree of individual responsibility especially when dealing with persons under 18 years of age, as your words and actions are an example. Avoid unaccompanied and unobserved activities with persons under 18 years of age, wherever possible. Refrain from any form of harassment of others. Refrain from any behaviour that may bring Fencing Victoria, a member association or an affiliated club into disrepute. Provide a safe environment for the conduct of the activity. Show concern and caution towards others who may be sick or injured. Be a positive role model. Understand the repercussions if you breach, or are aware of any breaches of, this code of behaviour.
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Administrator Code of Behaviour
In addition to Fencing Victoria’s General Code of Behaviour, you must meet the following requirements in regard to your conduct during any activity held by or under the auspices of Fencing Victoria, a member association or an affiliated club and in your role as an administrator of Fencing Victoria, a member association or an affiliated club:
1. Resolve conflicts fairly and promptly through established procedures. 2. Maintain strict impartiality. 3. Be aware of your legal responsibilities
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Coach Code of Behaviour
In addition to Fencing Victoria’s General Code of Behaviour, you must meet the following requirements in regard to your conduct during any activity held or sanctioned by Fencing Victoria, a member association or an affiliated club and in your role as a coach appointed by Fencing Victoria, a member association or an affiliated club: 1. Do not tolerate acts of aggression. 2. Provide feedback to players and other participants in a manner sensitive to their needs. Avoid overly negative feedback. 3. Recognise players’ rights to consult with other coaches and advisers. Cooperate fully with other specialists (for example, sports scientists, doctors and physiotherapists). 4. Treat all players fairly within the context of their sporting activities, regardless of gender, race, place of origin, athletic potential, colour, sexual orientation, religion, political beliefs, socio-economic status and other conditions. 5. Encourage and facilitate players’ independence and responsibility for their own behaviour, performance, decisions and actions. 6. Involve the players in decisions that affect them. 7. Encourage players to respect one another and to expect respect for their worth as individuals regardless of their level of play. 8. Ensure that the tasks and/or training set are suitable for age, experience, ability, and physical and psychological conditions of the players. 9. Ensure any physical contact with players is appropriate to the situation and necessary for the player’s skill development. 10. Be acutely aware of the power that you as a coach develop with your players in the coaching relationship and avoid any sexual intimacy with players that could develop as a result. 11. Avoid situations with your players that could be construed as compromising. 12. Actively discourage the use of performance enhancing drugs, and the use of alcohol, tobacco and illegal substances. 13. Do not exploit any coaching relationship to further personal, political or business interests at the expense of the best interest of your players. 14. Accept and respect the role of officials in ensuring that competitions are conducted fairly and according to established rules. 15. Know and abide by rules, regulations and standards, and encourage players to do likewise. Accept both the letter and the spirit of the rules. 16. Be honest and ensure that qualifications are not misrepresented.
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Player Code of Behaviour
In addition to Fencing Victoria’s General Code of Behaviour, you must meet the following requirements in regard to your conduct during any activity held or sanctioned by Fencing Victoria, a member association or an affiliated club and in your role as a player/participant in any activity held by or under the auspices of Fencing Victoria, a member association or an affiliated club:
1. Respect the rights, dignity and worth of fellow players, coaches, officials and spectators. 2. Do not tolerate acts of aggression. 3. Respect the talent, potential and development of fellow players and competitors. 4. Care for and respect the equipment provided to you as part of your program. 5. Be frank and honest with your coach concerning illness and injury and your ability to train fully within the program requirements. 6. At all times avoid intimate relationships with your coach. 7. Conduct yourself in a professional manner relating to language, temper and punctuality. 8. Maintain high personal behaviour standards at all times. 9. Abide by the rules and respect the decision of the official, making all appeals through the formal process and respecting the final decision. 10. Be honest in your attitude and preparation to training. Work equally hard for yourself and your team. 11. Cooperate with coaches and staff in development of programs to adequately prepare you for competition at the highest level.
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Official Code of Behaviour
In addition to Fencing Victoria’s General Code of Behaviour, you must meet the following requirements in regard to your conduct during any activity held or sanctioned by Fencing Victoria, a member association or an affiliated club and in your role as an official appointed by Fencing Victoria, a member association or an affiliated club:
1. Place the safety and welfare of the players/participants above all else. 2. Accept responsibility for all actions taken. 3. Be impartial. 4. Avoid any situation which may lead to a conflict of interest. 5. Be courteous, respectful and open to discussion and interaction. 6. Value the individual in sport.
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Parent/Guardian Code of Behaviour
As a parent/guardian of a player/participant in any activity held by or under the auspices of Fencing Victoria, a member association or an affiliated club, you must meet the following requirements in regard to your conduct during any such activity or event:
1. Respect the rights, dignity and worth of others. 2. Remember that your child participates in sport for their own enjoyment, not yours. 3. Focus on your child’s efforts and performance rather than winning or losing. 4. Never ridicule or yell at your child and other children for making a mistake or losing a competition. 5. Show appreciation for good performance and skilful plays by all players (including opposing players). 6. Demonstrate a high degree of individual responsibility especially when dealing with or in the vicinity of persons under 18 years of age, as your words and actions are an example. 7. Respect officials’ decisions and teach children to do likewise. 8. Do not physically or verbally abuse or harass anyone associated with the sport (player, coach, umpire and so on). 9. Respect the rights, dignity and worth of every young person regardless of their gender, ability, cultural background or religion. 10. Be a positive role model. 11. Understand the repercussions if you breach, or are aware of any breaches of, this code of behaviour.
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Spectator Code of Behaviour
As a spectator in any activity held by or under the auspices of Fencing Victoria, a member association or an affiliated club, you must meet the following requirements in regard to your conduct during any such activity or event:
1. Respect the decisions of officials and teach young people to do the same. 2. Never ridicule or scold a young player for making a mistake. Positive comments are motivational. 3. Condemn the use of violence in any form, whether it is by other spectators, coaches, officials or players. 4. Show respect for your team’s opponents. Without them there would be no game. 5. Do not use violence, harassment or abuse in any form (that is, do not use foul language, sledge or harass players, coaches, officials or other spectators). 6. Respect the rights, dignity and worth of every person regardless of their gender, ability, cultural background or religion.
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ATTACHMENT E
PROHIBITED PERSON DECLARATION
The Fencing Victoria Inc. Member Protection Policy makes it a breach of the policy for a Prohibited Person (defined as a person who has been convicted of a Serious Sex Offence) to work or seek work in the following roles:
• coaches who are appointed or seeking appointment (whether employed, contracted or otherwise) for reward; • volunteer personnel appointed or seeking appointment, who will or are likely to travel away with teams of players under 18 years of age; and • persons appointed or seeking appointment to a role in which that person is likely to have individual and unsupervised contact with players under 18 years of age.
The Fencing Victoria Inc. Member Protection Policy also makes it a breach of the policy to appoint, or continue to appoint, a person to a role set out above:
• without first obtaining this declaration; or • where this declaration reveals the person is a Prohibited Person.
The Fencing Victoria Inc. Member Protection Policy defines a Serious Sex Offence to mean an offence involving sexual activity or acts of indecency including but not limited to:
• Rape • Indecent assault • Sexual assault • Assault with intent to have sexual intercourse • Incest • Sexual penetration of child under the age of 16 • Indecent act with child under the age of 16 • Sexual relationship with child under the age of 16 • Sexual offences against people with impaired mental functioning • Abduction and detention • Procuring sexual penetration by threats or fraud • Procuring sexual penetration of child under the age of 16 • Bestiality • Soliciting acts of sexual penetration or indecent acts • Promoting or engaging in acts of child prostitution • Obtaining benefits from child prostitution • Possession of child pornography • Publishing child pornography and indecent articles.
Declaration
I am aware that I am ineligible to work or seek work in the roles set out above if I have been convicted of a Serious Sex Offence, as defined in the Fencing Victoria Inc. Member Protection Policy.
I have read and understood the above information in relation to the Fencing Victoria Inc. Member Protection Policy and understand my responsibilities and obligations under it.
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I declare that I am not a person prohibited under the Fencing Victoria Inc. Member Protection Policy from working or seeking work in the roles set out above.
I acknowledge that I am required to advise the President of the organisation appointing me, immediately upon becoming a Prohibited Person.
Name Signature Date
Note: Seek legal advice if you are unsure of your status.
Parent/Guardian Consent (in respect of 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