South Adelaide Football Club - Member Protection Policy
The South Adelaide Football Club is committed to creating a safe, fair and inclusive sporting environment.
Contact - Brent Reilly on 08 8186 8200
The South Adelaide Football Club:
- Seeks to prevent all forms of harassment, discrimination and abuse and to promote positive behaviour and values.
- States that inappropriate or unlawful behaviour will not be tolerated
- That the Member Protection Policy sets out codes of behaviour with which everyone associated with the South Adelaide Football Club is expected to abide
- Confirms that disciplinary action will be taken against individuals if there is a breach of the policy.
PART A: NATIONAL MEMBER PROTECTION POLICY
1. Introduction
VISION
Visionary
The SAFC dares to be different and has the courage to develop and implement new ideas. We are willing to think outside the square, to consider new ideas and better ways to do things. We recognise the risks and are prepared to challenge established mindsets to drive profound change within in our club.
Can-do
The SAFC has an absolutely positive attitude at all times and in all circumstances. Success will always be achieved by people with positive attitudes. These people will acknowledge that we are not always successful; however they believe that every problem has a solution and that they are never truly beaten. They will always rise to the next challenge, they are fun to be around, and are excellent role models.
United
The SAFC is united in its objective to become a respected and consistently successful club. A common bond exists between all members who are loyal, honest and willing to make sacrifices and work together as one, from beginning to end, to achieve our goal of consistent success.
Mission Statement
The Panthers want to show a united presence through players, coaches, supporters and past players both on and off the field while delivering an exciting brand of football. Continue to strive to be the best football operations in the SANFL while being ambassadors in the Community. Remaining focused to putting time and effort into our youth programs for the continued success for the future of our football club.
2. Purpose of this policy
This South Adelaide Football Club Member Protection Policy ("policy") aims to assist South Adelaide FC ("our", "us" or "we") to uphold its core values and create a safe, fair and inclusive environment for everyone associated with our sport. It sets out our commitment to ensure that every person bound by the policy is treated with respect and dignity and protected from discrimination, harassment and abuse. It also seeks to ensure that everyone involved in our sport is aware of their key legal and ethical rights and responsibilities, as well as the standards of behaviour expected of them.
This policy has been endorsed by the Board of the South Adelaide Football Club. The current
policy and its attachments can be obtained from our website at www.safc.com.au.
This policy is supported by Member Protection Policies that have been adopted and implemented by SANFL.
3. Who is bound by this policy
This policy should apply to as many persons as possible who are involved with the activities of South Adelaide Football Club, whether they are in a paid or unpaid/voluntary capacity including:
- Persons appointed or elected to SAFC boards, committees and sub-committees
- Employees of SAFC
- Members of the SAFC Executive
- Support personnel, including managers, physiotherapists, psychologists,
masseurs, sport trainers and others - Coaches and assistant coaches
- Athletes
- Referees, umpires and other officials
- Members, including life members of SAFC
- Athletes, coaches, officials and other personnel participating in events and
activities, including camps and training sessions, held or sanctioned by SAFC; and - Any other person to whom the policy may apply eg social members, spectators
(This policy will continue to apply to a person even after he or she has stopped their association or employment with SAFC], if disciplinary action against that person has begun.)
4. Organisational responsibilities
South Adelaide FC must:
- 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 the 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
- use appropriately trained people to receive and manage complaints and allegations of inappropriate behaviour
- monitor and review this policy at least annually
5. Individual responsibilities
Individuals bound by this policy must:
- make themselves aware of the contents of this policy;
- comply with all relevant provisions of the policy, including any codes of conduct and the steps for making a complaint or reporting possible child abuse set out in this policy;
- consent to the screening requirements set out in this policy, and abides by the SA requirement for a Relevant History assessment to be conducted 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;
- place the safety and welfare of children above other considerations;
- be accountable for their behaviour; and,
- comply with any decisions and/or disciplinary measures imposed under this policy.
6. Position statements
6.1 Child Protection
The SANFL has lodged a compliance statement with the Department for Education and Child Development to acknowledge that they are aware of our obligations to create and maintain a child safe environment according to the requirements under Section 8C of the Children's Protection Act 1993.
The SANFL has lodged this statement on behalf of the South Adelaide Football Club.
South Adelaide Football Club is committed to the safety and well-being of all children and young people who participate in our sport or access 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 acknowledge the valuable contribution made by our staff, members and volunteers and we encourage their active participation in providing a safe, fair and inclusive environment for all participants.
6.2 Identify and analyse risk of harm
We will develop and implement a risk management strategy, including 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 actions of an employee, volunteer or another person.
6.3 Develop codes of behaviour
We will develop and promote a code of behaviour that sets out the conduct we expect of adults when they deal and interact with children involved in our sport, especially those in our care. We will also implement a code of behaviour to promote appropriate conduct between children.
These codes will clearly describe professional boundaries, ethical behaviour and unacceptable behavior. (Refer to the attachments in Part B of this policy.)
6.1.3 Choose suitable employees and volunteers
We will take all reasonable steps to ensure that our organisation engages suitable and appropriate people to work with children, especially those in positions that involve regular unsupervised contact with children. This will include using a range of screening measures.
We will ensure that Relevant History Assessments are conducted for all employees and volunteers who work with children, where an assessment is required by law. If a criminal history report is obtained as part of their screening process, we will handle this information confidentially and in accordance with the Standards1. (Refer to the attachments in Part C of this policy.)
6.1.4 Support, train, supervise and enhance performance
We 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 sport. We will appoint a child safe officer to support this statement. (recommend online training on www.playbytherules.net.au in Child protection and Harassment and discrimination)
6.1.5 Empower and promote the participation of children
We will encourage children and young people to be involved in developing and maintaining a child-safe environment for our sport.
6.1.6 Report and respond appropriately to suspected abuse and neglect
We will ensure that all our employees and volunteers are able to identify and respond appropriately to children at risk of harm and that they are aware of their responsibilities to make a report if they suspect on reasonable grounds that a child has been, or is being, abused or neglected. (Refer to the attachments in Part E of this policy.)
Further, 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, he or she may make an internal complaint to us. (Refer to the attachments in Part D of this policy.)
6.1.7 Manage appropriately any allegation of misconduct towards children
We will treat any allegations of child abuse or neglect towards children participating in activities associated with our organisation responsibly and sensitively. This will include providing support for the alleged victim and their family and ensuring natural justice is provided for the alleged offender. (See Managing allegations of child abuse in recreation and sport. www.ors.sa.gov.au/__data/assets/pdf_file/0006/153564/child_abuse_allegations_guidelines_050115.pdf)
6.2 Taking images of children
There is a risk that Images of children may be used inappropriately or illegally. South Adelaide Football Club requires that individuals and associations, wherever possible, obtain permission from a child's parent/guardian before taking an image of a child that is not their own. They should also make sure the parent/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 sport.
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/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 sport and we will ensure that they are suitably clothed in a manner that promotes participation in the sport. We will seek permission from the parents/guardians of the children before using the images.
6.3 Anti-discrimination and harrassment
South Adelaide Football 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 and harassment.
We recognise that people may not be able to enjoy themselves or perform at their best if they are treated unfairly, discriminated against or harassed.
6.3.1 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.
The personal characteristics protected by anti-discrimination laws include attributes such as race, age, disability, gender and race. The full list of protected personal characteristics is in the "Definitions" set out in the Dictionary of Terms.
Discrimination can either be direct or indirect.
- Direct discrimination occurs if a person treats, or purposes 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 purposes of determining discrimination, the offender's awareness and motive are irrelevant.
6.3.2 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 is 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.
6.3.3 Prohibition against discrimination and harassment
We prohibit all forms of harassment and discrimination based on the personal characteristics listed in the "Definitions" set out in the Dictionary of Terms [see clause 10].
Any person who believes they are being, or have been, harassed or discriminated against by another person or organisation bound by this policy is encouraged to raise their concerns with us. A person may make an internal complaint, and in some circumstances, they may also be able to make a complaint to an external organisation. (Refer to the attachments in Part D of this policy.)
6.4 Intimate Relationships
South Adelaide Football Club understands that consensual intimate relationships (including, but not limited to sexual relationships) between coaches or officials and adult athletes may take place legally. However, this policy will help ensure that the expectations of coaches or officials are clear and, to ensure that if an intimate relationship does exist or develop between a coach or official and an adult athlete, that relationship will be managed in an appropriate manner.
Coaches and officials are required to conduct themselves in a professional and appropriate manner in all interactions with athletes. In particular, they must ensure that they treat athletes in a respectful and fair manner, and that they do not engage in sexual harassment, bullying, favoritism or exploitation.
We take the position that consensual intimate relationships between coaches or officials and the adult athletes they coach should be avoided as they can have harmful effects on the athlete involved, on other athletes and coaches and on the sport's public image. These relationships can also be perceived to be exploitative due to the differences in authority, power, maturity, status, influence and dependence between the coach or official and the athlete.
We recommend that if an athlete attempts to initiate an intimate relationship with a coach or official, the coach or official should discourage the athlete's approach and explain to the athlete why such a relationship is not appropriate.
If a consensual intimate relationship does exist or develop between an adult athlete and a coach or official, the coach or official is expected to ensure that the relationship is appropriate and that it does not compromise impartiality, professional standards or the relationship of trust the coach or official has with the athlete and/or other athletes.
In assessing the appropriateness of an intimate relationship between a coach or official and an adult athlete, relevant factors include, but are not limited to:
- the relative age and social maturity of the athlete;
- any potential vulnerability of the athlete;
- any financial and/or emotional dependence of the athlete on the coach or official;
- the ability of the coach of official to influence the progress, outcomes or progression of the athlete's performance and/or career;
- the extent of power imbalance between the athlete and coach of official; and the likelihood of the relationship having an adverse impact on the athlete and/or other athletes.
It will often be difficult for a coach or official involved in an intimate relationship with an adult athlete to make an objective assessment of its appropriateness and accordingly they are encouraged to seek advice from the SAFC Member Protection Information Officer to ensure that they have not involved themselves in inappropriate or unprofessional conduct.
If it is determined that an intimate relationship between a coach or official and an adult athlete is inappropriate or unprofessional we may take disciplinary action against the coach or official up to and including dismissal. Action may also be taken to stop the coaching relationship with the athlete. This could include a transfer, a request for resignation or dismissal from coaching duties.
If a coach, official or athlete believes they are being, or have been, harassed they are encouraged to seek information and support from SAFC Member Protection Information Officer. Our complaints procedure is outlined in Part D of this policy.
6.5 Pregnancy
South Adelaide Football Club is committed to treating pregnant women fairly and to removing any unreasonable barriers to their full participation in our sport. We will not tolerate any discrimination or harassment against pregnant women.
South Adelaide Football Club 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 South Adelaide Football 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 or organisation bound by this Policy, she may make a complaint. (Refer to the attachments in Part D of this policy.)
6.6 Gender identity
Gender identity means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person. This includes the way people express or present their gender and recognises that a person's gender identity may be an identity other than male or female. Some terms used to describe a person's gender identity include trans, transgender and gender diverse.
6.6.1 Gender identity and discrimination and harassment
Federal, state and territory anti-discrimination laws provide protection from discrimination against people on the basis of their gender identity. (See definition in Dictionary of terms).
South Adelaide Football Club is committed to providing a safe, fair and inclusive sporting environment all where people can contribute and participate. We will not tolerate any unlawful discrimination or harassment of a person because of their gender identity.
All persons, regardless of gender identity, are entitled to be treated fairly and with dignity and respect at all times. We will not tolerate any unlawful discrimination or harassment of a person because of their gender identity. This includes discrimination or harassment of a person who is transgender or transsexual, who is assumed to be transgender or transsexual or has an association with someone who has or is assumed to be transgender or transsexual. (Refer to the attachments in Part D of this policy.)
We expect all people bound by this policy to act with sensitivity when a person is undergoing gender transition/affirmation.
If any person believes that they are being, or have been, harassed or discriminated against by another person or organisation bound by this policy because of their gender identity, they may make a complaint.
6.6.2 Participation in sport
South Adelaide Football Club recognises that excluding people from participating in sporting events and activities because of their gender identity may have significant implications for their health, wellbeing and involvement in community life. We are committed to supporting participation in our sport on the basis of the gender with which a person identifies.
If issues of performance advantage arise, we will consider whether the established discrimination exceptions for participation in sport are relevant in the circumstances. Discrimination is unlawful unless an exception applies.
6.6.3 Intersex status
Federal anti-discrimination law, and some state and territory anti-discrimination laws, provide protection from discrimination against a person on the basis of their intersex status. (See Dictionary of terms).
South Adelaide Football Club is committed to providing a safe, fair and inclusive sporting environment where all people can contribute and participate. We will not tolerate any unlawful discrimination or harassment of a person because of their intersex status.
6.7 Responsible service and consumption of alcohol
South Adelaide Football Club is committed to conducting sporting and social events in a manner that promotes the responsible service and consumption of alcohol. We also recommend that state associations and member clubs follow strict guidelines regarding the service and consumption of alcohol.
In general, our policy is that:
- alcohol should not be available or consumed at sporting events involving children and young people under the age of 18;
- alcohol-free social events be provided for young people and families;
- food and low-alcohol and non-alcoholic drinks be available at events we hold or endorse where alcohol is served;
- a staff member is present at events we hold or endorse where alcohol is served to ensure appropriate practices in respect of the consumption of alcohol are followed;
- safe transport options be promoted as part of any event we hold or endorse where alcohol is served.
6.8 Smoke-free environment
South Adelaide Football Club is committed to providing a safe and healthy environment at all sporting and social events that we hold or endorse.
In general, our policy is that:
- no smoking shall occur at or near sporting events involving children and young people under the age of 18. This policy shall apply to coaches, players, trainers, officials and volunteers;
- social events shall be smoke-free, with smoking permitted at designated outdoor smoking areas; and
- coaches, officials, trainers, volunteers and players will refrain from smoking while they are involved in an official capacity in our sport, both on and off the field.
6.9 Bullying
South Adelaide Football 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 in our sport.
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 a 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 bulling:
- 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. South Adelaide Football Club will not tolerate abusive, discriminatory, intimidating or offensive statements being made online. Frustration at a referee, teammate, coach or sporting body should never be communicated on social networking websites. These issues should instead be addressed in a written or verbal statement or a complaint to the relevant controlling club, league or peak sporting body.
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 the attachments in Part D of this policy.)
6.10 Social Networking
South Adelaide Football Club acknowledges the enormous value of social networking to promote our sport and celebrate the achievements and success of the people involved in our sport.
Social networking refers to any interactive website or technology that enables people to communicate and/or share content via the internet. This includes social networking websites such as Facebook and Twitter.
We expect all people bound by this policy to conduct themselves appropriately when using social networking sites to share information related to our sport.
In particular, social media activity including, but not limited to, postings, blogs, status updates, and tweets:
- must not contain material which is, or has the potential to be, offensive, aggressive, defamatory, threatening, discriminatory, obscene, profane, harassing, embarrassing, intimidating, sexually explicit, bullying, hateful, racist, sexist or otherwise inappropriate;
- must not contain material which is inaccurate, misleading or fraudulent;
- must not contain material which is in breach of laws, court orders, undertakings or contracts;
- should respect and maintain the privacy of others; and
- should promote the sport in a positive way.
7. Complaints procedure
7.1 Handling complaints
South Adelaide Football Club aims to provide a simple, confidential and trustworthy procedure for resolving complaints based on the principles of procedural fairness.
Any person (a complainant) may report a complaint about a person, people or organisation bound by this policy (respondent) if they feel they have been discriminated against, harassed, bullied or there has been any other breach of this policy.In the first instance, complaints should be reported to the SAFC Member Protection Information Officer.
A complaint may be handled informally or formally. The complainant may indicate his or her preferred option and the SAFC Member Protection Information Officer should consider whether that is an appropriate way to handle the particular complaint.. For example, the law may require that the complaint/allegation be reported to an appropriate authority.
All complaints will be dealt with promptly, seriously, sensitively and confidentially. Our procedures for handling and resolving complaints are outlined in Attachment [D1].
Individuals and organisations may also seek to have their complaint handled by an external agency under anti-discrimination, child protection, criminal or other relevant legislation.
7.2 Improper complaints and victimisation
South Adelaide Football Club aims to ensure that our complaints procedure has integrity and is free of unfair repercussions or victimisation against any person making a complaint.
We will take all necessary steps to make sure that people involved in a complaint are not victimised. Disciplinary measures may be undertaken in respect of a person who harasses or victimises another person for making a complaint or supporting another person's complaint.
If at any point in the complaint handling process the SAFC Member Protection Information Officer considers that a complainant has knowingly made an untrue complaint, or the complaint is malicious or inappropriately intended to cause distress to the respondent, the matter may be referred in writing to the South Adelaide Football Club Board of Directors for review and appropriate action, including possible disciplinary action against the complainant.
7.3 Mediation
South Adelaide Football Club aims to resolve complaints quickly and fairly. Complaints may be resolved by agreement between the people involved with no need for disciplinary action.
Mediation is a confidential process that allows those involved in a complaint to discuss the
issues or incident in question and come up with mutually agreed solutions. It may occur before or after the investigation of a complaint.
If a complainant wishes to resolve the complaint with the help of a mediator, the SAFC Member Protection Information Officer will, in consultation with the complainant, arrange for an independent mediator where possible.
More information on the mediation process is outlined in Attachment [D2].
7.4 Tribunals
In accordance with South Adelaide Football Club rules a Tribunal may be convened to hear a proceeding:
- referred to it by designated official
- for an alleged breach of this policy.
Our Tribunal procedure is outlined in Attachment [D4].
A respondent may lodge an appeal to the Appeal Tribunal in respect of a Tribunal decision. The decision of the Appeal Tribunal is final and binding on the people involved.
Our appeals process is outlined in Attachment [D4].
Every organisation bound by this policy will recognise and enforce any decision of a Tribunal or Appeal Tribunal under this policy.
8. What is a breach of this policy?
It is a breach of this policy for any person or organisation bound by this policy to do anything contrary to this policy, including but not limited to:
- breaching the codes of behaviour (see Part B of this policy);
- bringing the game, Club or SANFL into disrepute, or acting in a manner likely to bring the game, Club or SANFL into disrepute;
- failing to follow South Adelaide Football Club policies (including this policy) and our procedures for the protection, safety and well-being of children;
- discriminating against, harassing or bullying (including cyber-bullying) any person;
- victimising another person for making or supporting a complaint;
- engaging in an inappropriate intimate relationship with a person that he or she supervises, or has influence, authority or power over;
- verbally or physically assaulting another person, intimidating another person or creating a hostile environment within the sport;
- disclosing to any unauthorised person or organisation any South Adelaide Football Club information that is of a private, confidential or privileged nature;
- making a complaint that they know to be untrue, vexatious, malicious or improper;
- failing to comply with a penalty imposed after a finding that the individual or organisation has breached this policy; and
- failing to comply with a direction given to the individual or organisation as part of a disciplinary process.
9. Disciplinary measures
South Adelaide Football Club may impose disciplinary measures on an individual or organisation for a breach of this policy.
Any disciplinary measure imposed will be:
- fair and reasonable;
- applied consistent with any contractual and employment rules and requirements;
- be based on the evidence and information presented and the seriousness of the breach; and
- be determined in accordance with our constituent documents, by-laws, this policy and/or the rules of the sport.
9.1 Individual
Subject to contractual and employment requirements, if a finding is made by a Tribunal that an individual has breached this policy, one or more of the following forms of discipline may be imposed.
- a direction that the individual make a verbal and/or written apology;
- a written warning;
- a direction that the individual attend counselling to address their behaviour;
- a withdrawal of any awards, scholarships, placings, records, achievements bestowed in any tournaments, activities or events held or sanctioned by SAFC;
- a demotion or transfer of the individual to another location, role or activity;
- a suspension of the individual's membership or participation or engagement in a role or activity;
- termination of the individual's membership, appointment or engagement;
- a recommendation that SAFC terminate the individual's membership, appointment or engagement;
- in the case of a coach or official, a direction that the relevant organisation de-register the accreditation of the coach or official for a period of time or permanently;
- a fine;
- any other form of discipline that SAFC Board considers appropriate.
9.2 Factors to consider
The form of discipline to be imposed on an individual or organisation will depend on factors, such as:
- the nature and seriousness of the breach
- if the person knew, or should have known, that the behaviour was a breach of the policy
- the person's level of contrition
- the effect of the proposed disciplinary measures on the person, including any personal, professional or financial consequences
- if there have been any relevant prior warnings or disciplinary action
- the ability to enforce disciplinary measures if the person is a parent or spectator (even if they are bound by the policy)
- any other mitigating circumstances.
10. Dictionary of terms
This Dictionary sets out the meaning of words used in this policy and its attachments, without limiting the ordinary and natural meaning of the words. Further detail or definitions that are specific to different states and territories can be sourced from the relevant child protection authorities or equal opportunity and anti-discrimination commissions.
Abuse is the violation of an individual's human or civil rights through the act or actions of another person or persons. Types of abuse include physical abuse, psychological or emotional abuse, sexual abuse, constraints and restrictive practices, financial abuse, legal or civil abuse and systemic abuse.
Child means a person who is under the age of 18.
Child abuse involves conduct which puts a child at risk of harm and may include:
- physical abuse, which occurs when a child has suffered, or is at risk of suffering, non-accidental physical trauma or injury. This may include, but is not limited to, hitting, shaking or other physical harm; giving a child alcohol or drugs; or training that exceeds the child's development or maturity.
- sexual abuse, which occurs when an adult, other child, or adolescent uses their power or authority to involve a child in a sexual activity or any other inappropriate conduct of a sexual nature (e.g. sexual intercourse, masturbation, oral sex, pornography, including child pornography, or inappropriate touching or conversations).
- emotional abuse, which occurs when a child's social, emotional, cognitive or intellectual development is impaired or threatened. Emotional abuse can include, but is not limited to, emotional deprivation due to persistent rejection or criticism, hostility, teasing/bullying, humiliation, taunting, sarcasm, yelling, name-calling or placing unrealistic expectations on a child.
- neglect, which occurs when a child's basic necessities of life are not met and their health and development are affected. Basic needs include food, water, shelter, adequate clothing, personal hygiene, timely provision of medical treatment and adequate supervision.
Child Safe Officer means the person appointed by the club to assist with maintaining a child safe environment. Training is available: www.ors.sa.gov.au/upcoming_courses_and_events
Complaint means a complaint made under clause [7] of this policy
Complainant means the person making a complaint.
Complaint handler/manager means the person appointed under this policy to investigate a complaint. Online training for complaint handlers can be accessed through
www.playbytherules.net.au
Discrimination occurs when someone is treated (or is proposed to be treated) unfairly or less favourably than another person in the same or similar circumstances because of one of the personal characteristics covered by anti-discrimination laws. This is known as direct discrimination. Indirect discrimination occurs when there is (or is proposed) an unreasonable requirement, condition or practice that seems to treat everyone equally, but which has or is likely to have the effect of disadvantaging persons with a personal characteristic covered by anti-discrimination laws.
In Australia, it is against the law to discriminate against someone because of:
- age
- sex or gender
- gender identity
- intersex status
- race, colour, descent, national or ethnic origin, nationality, ethno-religious origin, immigration
- disability, mental and physical impairment
- family/carer responsibilities, status as a parent or carer
- marital status
- pregnancy, potential pregnancy, breastfeeding
- sexual orientation and gender idenity
- physical features
- irrelevant medical record
- irrelevent criminal record, spent convictions
- political beliefs or activites
- national extraction or social origin
- lawful sexual activity
- profession, trade, occupation or calling
- member of association or organisation of employees or employers, industrial activity, trade union activity
- defence service
- personal association with someone who has, or is assumed to have, any of the above characteristics
Examples of discrimination are available on the Play by the Rules website:
www.playbytherules.net.au/legal-stuff/discrimination
Some exceptions to state, territory and federal anti-discrimination law apply, including exceptions for sporting activities, such as:
- holding a competitive sporting activity for a specific age or age group (e.g. only those who are under the age of 15 years);
- excluding people on the basis of their 'excluding people on the basis of their sex and/or gender identity status from participation in a competitive sporting activity where the strength, stamina or physique of competitors is relevant to the specific activity (note that this does not apply to activity by children who are under the age of 12 years); and
- not selecting a participant if the person's disability means he or she is not reasonably capable of performing the actions reasonably required for that particular sporting activity.
Harassment is any type of unwelcome behaviour which has the effect of offending, humiliating or intimidating the person harassed. Unlawful harassment can be based on any of the personal characteristics covered by anti-discrimination law, such as a person's race, sex, pregnancy, marital status or sexual orientation (see the list under "Discrimination").
Public acts of racial hatred which are reasonably likely to offend, insult, humiliate or intimidate are also prohibited. This applies to spectators, participants or any other person who engages in such an act in public. Some states and territories also prohibit public acts that vilify people on other grounds such as homosexuality, gender identity, HIV/AIDS, religion and disability (see also "Vilification").
Member means player, coach, volunteer, employee, Board Member
Member Protection Information Officer means a person appointed by SAFC to be a point of contact for a person reporting an issue or a complaint under, or a breach of, this policy. Persons nominated by SAFC may undertake training through www.playbytherules.net.au and face to face training at ORS.
Procedural fairness requires that:
- the respondent knows the full details of what is being said against him or her and they
- have the opportunity to respond;
- no person may judge their own case; and
- the decision-maker(s) must be unbiased, fair and just.
Police check means a national criminal history record check conducted as a pre-employment,
pre-engagement or current employment background check on a person.
Policy, policy and this policy means this Member Protection Policy.
Respondent means the person whose behaviour is the subject of the complaint.
Role-specific codes of conduct (or behaviour) means standards of conduct required of people holding certain roles in our organisation (e.g. coaches, officials, umpires).
Sexual harassment means unwelcome behaviour of a sexual nature which could reasonably be expected to make a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include unwelcome physical contact, verbal comments, jokes, propositions, displays of pornographic or offensive material or other behaviour that creates a sexually hostile environment. Sexual harassment does not have to be intentional.
Sexual offence means a criminal offence involving sexual activity or acts of indecency.
Because of differences under state and territory laws, this can include but is not limited to:
- rape
- indecent assault
- sexual assault
- assault with intent to commit sexual acts
- incest
- sexual penetration of child under the age of 16 years
- indecent act with child under the age of 16 years
- sexual relationship with child under the age of 16 years
- 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 years
- bestiality
- soliciting a child under the age of 16 years to take part in an act of sexual penetration, or an indecent act
- promoting or engaging in acts of child prostitution
- obtaining benefits from child prostitution
- possession of child pornography
- publishing child pornography and indecent articles.
Transgender 'Transgender' is an umbrella term that refers to a person whose gender identity
is different to their physical sex as recorded at birth. Transitioning refers to the process where a transgender person commences living as a member of another sex. This is sometimes referred to as the person 'affirming' their gender because transitioning means they start living in what they identify as their true gender. For people who are transitioning/affirming their gender, having their identity fully recognised in all areas of life is a crucial part of the experience of living as their affirmed gender.
Sexual orientation: The term 'sexual orientation' refers to a person's emotional or sexual attraction to another person, including, amongst others, the following identities: heterosexual, gay, lesbian, bisexual, pansexual, asexual or same-sex attracted.
Gender identity: The term 'gender identity' refers to a person's deeply held internal and individual sense of gender.
Gender expression: The term 'gender expression' refers to the way in which a person externally expresses their gender or how they are perceived by others.
Intersex: The term 'intersex' refers to people who have genetic, hormonal or physical characteristics that are not exclusively 'male' or 'female'. A person who is intersex may identify as male, female, intersex or as being of indeterminate sex.
Victimisation means treating someone unfairly or unfavorably, or threatening to do so, because that person has, or intends to, pursue their right to make any complaint, including a complaint under government legislation (e.g. anti-discrimination legislation) or under this policy, or for supporting another person to make complaint.
Vilification means behaviour that occurs in public which incites hatred towards, serious contempt for, or revulsion or severe ridicule of a person or group of people because that person or persons have a particular personal characteristic. Anti-discrimination laws in Australia make it unlawful to vilify a person or group of persons on the basis of race, religion, homosexuality, transgender status and HIV/AIDS status.
PART B: CODES OF BEHAVIOUR
We seek to provide a safe, fair and inclusive environment for everyone involved in our organisation and in our sport.
To achieve this, we require certain standards of behavior by players/athletes, coaches, officials, administrators, parents/guardians (of child participants) and spectators.
Our codes of behaviour are underpinned by the following core values.
- To act within the rules and spirit of our sport.
- To display respect and courtesy towards everyone involved in our sport and prevent discrimination and harassment.
- To prioritise the safety and well-being of children and young people involved in our sport.
- To encourage and support opportunities for participation in all aspects of our sport.
PART C: EMPLOYMENT SCREENING/WORKING WITH CHILDREN ASSESSMENT REQUIREMENTS
We are committed to providing a safe environment for children. As part of this, we will recruit staff and volunteers who do not pose a risk to children.
Employment screening and relevant history assessments for working with children can involve criminal history checks, signed declarations, referee checks and other appropriate checks that assess a person's suitability to work with children and young people.
South Adelaide Football Club will meet the requirements of Section 8C, Children's Protection Act 1993.
Individuals travelling with children and young people to another state or territory in a work related capacity must comply with the screening requirements of that particular state or
territory.
Working with Children Check laws are currently in place in New South Wales, Queensland, Western Australia, Victoria, the Northern Territory, the Australian Capital Territory, and South Australia. Working with Children Check laws are currently being introduced in Tasmania.
ATTACHMENTS
- Attachment C1: Member Protection Declaration
- Attachment C2: Relevant History Assessments
PART D: COMPLAINT HANDLING PROCEDURES
We will deal with all complaints in a fair, timely and transparent manner. All complaints will be treated seriously.
We will provide individuals with an informal and informal process to resolve the matter, along with access to an external complaint handling body, based on the nature of the complaint and our rules and regulations.
We also provide an appeals process for those matters.
We will maintain confidentiality where possible and as provided in this policy and seek to ensure that no one is victimised for making, supporting or providing information about a complaint.
ATTACHMENTS:
- Attachment D1: Complaints procedure
- Attachment D2: Mediation
- Attachment D3: Investigation procedure
- Attachment D4: Tribunal procedure
- Attachment D5: Complaint Flow Chart (Play By The Rules)
PART E: REPORTING REQUIREMENTS AND DOCUMENTS/FORMS
We will ensure that all the complaints we receive, both formal and informal, are properly documented. This includes recording how the complaint was resolved and the outcome of the complaint.
This information, and any additional records and notes, will be treated confidentially (subject to disclosure required by law or permitted under this policy) and stored in a secure place.
We will treat any allegation of child abuse or neglect promptly, seriously and with a high degree of sensitivity.
We will ensure that everyone who works with our organisation in a paid or unpaid capacity understands how to appropriately receive and record allegations of child abuse and neglect and how to report those allegations to the relevant authorities in their state or territory.
ATTACHMENTS
- Attachment E1: Record of informal complaint
- Attachment E2: Record of formal complaint
- Attachment E3: Handling an allegation of child abuse
- Attachment E4: Confidential record of child abuse allegation
- Attachment E5: Reporting Child abuse and neglect
Attachment C1:
MEMBER PROTECTION DECLARATION
The South Adelaide Football Club has a duty of care to all those associated with our organisation and to the individuals and organisations to whom this policy applies. It is a requirement of our Member Protection Policy that we check the background of each person who works, coaches or has regular unsupervised contact with children and young 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.
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.
4. I am not currently serving a sanction for an anti-doping rule violation under an Australian
Sports Anti-Doping Authority (ASADA) approved anti-doping policy applicable to me.
5. I will not participate in, facilitate or encourage any practice prohibited by the World Anti-
Doping Agency Code or any other ASADA approved anti-doping policy applicable to me.
6. To my knowledge, there is no other matter that South Adelaide Football Club may
consider to constitute a risk to its members, employees, volunteers, athletes or reputation
by engaging me.
7. I will notify the CEO of the organisation/s engaging me immediately upon becoming
aware that any matter set out above has changed.
Declared in the state/territory of .......................................................................................................
on ............/................./...................(date) Signature ........................................................................
Consent of parent/guardian (on behalf 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 C2:
RELEVENT HISTORY ASSESSMENTS
Assessments for working with children support a child-safe environment and assist 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 peron's suitability to work with children and young people.
South Adelaide Football Club requires all persons who are engaged in a "prescribed position" to undergo a relevant history assessment according to the South Australian Children's Protection Act 1993. This assessment must be completed every three (3) years or once the criminal history information (eg police check) used to conduct the assessment is more than 3 years old.
A person performs a prescribed position if they:
- have regular contact with children and are not directly supervised at all times
- work in close proximity to children on a regular basis and are not directly supervised at all times
- supervise or manage persons who:
i. have regular contact with children
ii. work in close proximity to children on a regular basis
iii. have access to prescribed records relating to children (ie. in connection with child protection services, education services, health services, disability services and court orders and proceedings)
iv. undertake functions of a type prescribed by regulation (currently overnight care).
Conducting relevant history assessments
1. A relevant history assessment may be an assessment of a current (less than 3 years) National Police Record Check conducted by a nominated responsible person within the organisation.
www.police.sa.gov.au/services-and-events/apply-for-a-police-record-check
The organisation mat conduct its own assessment of a person's relevant history on the basis of:
- the person's criminal history (if any) as recorded on the persons national police check,
- any information provided by the person for the purpose of the assessment
- the Child Safe Environments: Standards for dealing with information obtained about a person's criminal history as part of a relevant history assessment.
In the majority of cases, a person will have no criminal history. In these cases, the assessment is successfully completed. This outcome should be documented and no further action in respect to an assessment is required.
2. Alternatively the organisation may request or can accept a current (less than 3 years) Child related employment screening conducted by the Department for Communities and Social Inclusion (DCSI) Screening Unit.
A relevant history assessment conducted by the DCSI Screening Unit incorporates a broader range of information than an assessment conducted by an organisation alone.
http://www.dcsi.sa.gov.au/services/screening
3. Organisations may accept the following forms of evidence to assess whether a person may pose a risk to the safety of children if appointed to or engaged to act in a childrelated position, provided the information was obtained within the last three years:
- A National Police Certificate that does not expressly state that it cannot be used as a clearance to work with children
- A certificate of clearance from DCSI Screening Unit or a valid registration document from the Teachers Registration Board
- A current interstate working with children check.
Organisations will need to decide whether it will accept these types of evidence and communicate the decision to all members of the organisation.
All assessments must be conducted and managed according to the Standards published by the Department for Education and Child Development (DECD) Child safe environments: Standards for dealing with information obtained about a person's criminal history as part of a relevant history assessment
Attachment D1:
COMPLAINTS PROCEDURE
South Adelaide Football Club is committed to supporting people associated with our sport to make and resolve any complaints they may have in a fair, timely and effective way.
We will endeavour to deal with complaints on a confidential basis. We will not provide information about the complaint to another person without the complainant's consent, except if the law requires us disclose this information or it is necessary to properly deal with the complaint. To ensure fairness for everyone involved, we will provide the full details of the complaint to the person or people against whom the complaint has been made and ask for their response. As a result, it may be difficult for us to resolve complaints made anonymously.
We will provide informal and formal procedures to deal with complaints. Individuals and organisations can also make complaints to external organisations under anti-discrimination, child protection and other relevant laws.
Informal approaches
Step 1: Talk with the other person (if safe, reasonable and appropriate) If you feel confident and comfortable to do so, you can approach the other person to discuss the issues and try and resolve the problem directly.
Step 2: Contact a Member Protection Information Officer
We encourage you to talk with SAFC Member Protection Information Officer if:
- step 1 (above) is not appropriate;
- you are not sure how to handle the problem by yourself;
- you want to talk confidentially with someone and find out what options are available to address your concern; or
- the concern continues after you approached the other person.
The names and contact details for SAFC Member Protection Information Officer are available at www.safc.com.au.
The SAFC Member Protection Information Officer will:
- ask how you would like your concern to be resolved and if you need support
- seek to provide different options for you to address your concern
- act as a support person, if you wish
- refer you to an appropriate person (e.g. a mediator) to help you address your concern, if appropriate
- inform the relevant government authorities and/or police, if required by law to do so
- where possible and appropriate, maintain confidentiality.
Step 3: Decide how to address your concern
After talking with the SAFC Member Protection Information Officer, you may decide:
- there is no problem;
- the problem is minor and you do not wish to take the matter forward;
- to try and resolve the problem yourself, with or without a support person;
- to resolve the problem with the help of someone impartial, such as a mediator; or
- to resolve the matter through a formal process.
Formal approaches