Policies and Code of Conduct

CHILD SAFETY CODE OF CONDUCT

CODE OF CONDUCT FOR COACHING STAFF, MEMBERS AND OTHERS WORKING WITH CHILDREN

POLICY OBJECTIVE

This Child Safety Code of Conduct sets out the Club’s commitment to ensuring it discharges the obligations and expectations contained in Child Safe Standard 2* and Standard 3**.

CHILD SAFETY CODE OF CONDUCT

Members, Coaching Staff and Volunteers (as defined in the Club’s Child Protection Policy) are required to abide by the Child Safety Code of Conduct.

The Club recognises, respects and promotes its responsibilities to keep children safe from abuse, and commits to ensuring the safety of children as a first priority. The Club values diversity and will not tolerate child abuse or discriminatory practices.

The Child Safety Code of Conduct aims to protect children and reduce opportunities for child abuse or harm to occur. It is intended to complement the Club’s other related policies and procedures.

The Child Safety Code of Conduct applies to situations where interaction with children may occur in the delivery of Club’s coaching programs and other activities, including through digital technology and social media.

The Club Committee will:

1. be responsible for the overall welfare and wellbeing of children who are members of or otherwise interact with the Club

2. be accountable for managing and maintaining a duty of care towards Coaching Staff and Volunteers

3. nominate a member protection officer to provide information and support to all Coaching Staff, Volunteers, members, children and their carers regarding child protection matters.

All people who interact with children on behalf of the Club will:

1. work towards achieving the aims and purposes of the Club

2. be responsible for relevant administration of programs and activities in their area

3. maintain a duty of care towards others involved in these programs and activities

4. take all reasonable steps to protect children from abuse and harm

5. establish and maintain a child-safe environment for children in the course of their work

6. be fair, considerate and honest in their dealings with others

7. work with children in an open and transparent way

8. treat children with respect and value their ideas and opinions

9. encourage children to participate in matters important to them

10. act as positive role models in their conduct with children and model appropriate adult behaviour

11. listen to children and respond to their needs appropriately

12. be professional in their actions

13. maintain strict impartiality

14. comply with specific Club guidelines on physical contact with children

15. respect the privacy of children and their families and carers, and disclose information about them only to people who have a need to know

16. operate within the policies and guidelines of the Club and Tennis Australia Policies, including adhering to the Child Protection Policy, at all times

17. report any allegations of child abuse

18. contact the police if a child is at immediate risk of abuse (phone 000).

Coaching Staff, Volunteers and members shall work to prevent discrimination and actively promote the participation and inclusion of all children.

Coaching Staff, Volunteers and members shall not:

1. shame, humiliate, oppress, belittle or degrade children

2. unlawfully discriminate against any child, including because of age, gender, race, culture, vulnerability, sexuality, ethnicity or disability

3. seek to use children in any way to meet the needs of adults

4. ignore or disregard any concerns, suspicions or disclosure of child abuse or harm

5. engage in any activity with a child that is likely to physically or emotionally harm them

6. initiate unnecessary physical contact with a child or do things of a personal nature for them that they can do for themselves e.g. toileting or changing clothes

7. be alone with a child unnecessarily

8. develop a “special” relationship with a specific child for their own needs

9. show favouritism through the provision of gifts or inappropriate attention

10. arrange contact, including online contact, with children outside of the Club’s programs and activities

11. have unauthorised contact with children in person, online or by telephone

12. photograph or video a child without the consent of the child and their parents or guardians

13. work with children while under the influence of alcohol or illegal drugs

14. engage in open discussions of a mature or adult nature in the presence of children

15. use inappropriate language or behaviour, including discriminatory or oppressive language or behaviour, in the presence of children

16. do anything in contravention of the Club’s policies, procedures or this Code of Conduct or Tennis Australia Policies.

    CONSEQUENCES OF BREACHING THE CHILD SAFETY CODE OF CONDUCT

A breach of the Child Safety Code of Conduct may result in termination of the person’s appointment as a member of the Coaching Staff or as a member of the Club or as a Volunteer. It may also be reported to Tennis Australia, if required by the Tennis Australia Policies.

Matters that indicate potential criminal conduct may be reported to police for investigation.

Standard 2* – Child safety and wellbeing is embedded in organisational leadership, governance and culture.

Standard 3** – Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.

CHILD PROTECTION POLICY

INTRODUCTION

Glendearg All Saints Malvern Tennis Club (the Club) has facilities that comprise a small clubhouse and two tennis courts. The courts are available for members, who have access to the clubhouse.

The Club’s operations are overseen by a Committee of Management. All members of the Committee are required to be members of the Club.

The Club offers coaching services, provided by the Club Coach, with assistance from coaching staff, both adults and children, engaged by the Club Coach (together referred to as the Coaching Staff).

Members of the Club are able to participate in competitions, with participation facilitated by the Club. Adult members of the Club or parents (who are not members) of children who are members of the Club (Volunteers) assist the Club Coach with administrative tasks - for example, recording results. In discharging these responsibilities on behalf of the Club, it is not anticipated that they will have any unsupervised contact with children and are strongly encouraged not to do so.

These Volunteers may also transport children to matches at the various tennis clubs affiliated to Tennis Victoria at which matches are played but this is pursuant to a specific arrangement between the Volunteer and the parents of the child who is provided with transport. The Club is not involved in any such arrangements between parents of children playing in competitions.

The Club is committed to promoting and protecting the interests and safety of children and has zero tolerance for Child Abuse. The Club is committed to complying with the Child Safe Standards (Standards) introduced by the Victorian Government, which set out the compulsory minimum standards for organisations that provide services for children (or are used by children), to help protect them from harm.

Everyone who is a member of the Club or who performs services to members of the Club, such as Coaching Staff and Volunteers, is responsible for the care and protection of children and reporting information about Child Abuse.

APPLICATION

The Policy applies to all of the broad range of situations where interaction with children may occur in operation of the Club.

PURPOSE

The purpose of the Policy is to:

1. ensure that all Coaching Staff, members of the Club and any Volunteers are aware of the Club’s commitment to creating and maintaining a child safe environment that meets the Standards and complies with the Tennis Australia Policies

2. facilitate the prevention of Child Abuse within the Club

3. establish the framework for a culture of child safety

4. outline the responsibilities that the Coaching Staff, members and Volunteers have for identifying possible occasions of Child Abuse, for establishing controls and procedures for preventing abuse, and for detecting abuse when it occurs

5. provide guidance as to action that should be taken when a person suspects any Child Abuse within or outside of the Club

6. provide a clear statement to the Coaching Staff, members and Volunteers forbidding any such abuse

7. provide assurance that all suspected abuse will be reported and fully investigated.

CLUBS COMMITMENT

The Club is committed to promoting and protecting the best interests of children visiting the Club premises, involved in its programs or otherwise playing tennis, and to providing a child-safe and child-friendly environment for all these children. The Club is committed to complying with both

• the Child Safe Standards (Standards) introduced by the Victorian Government, that set out the compulsory minimum standards for organisations that provide services for children (or that are used by children), to help protect them from harm, and

• the Tennis Australia Policies.

All children, regardless of their gender, race, religious beliefs, age, disability, sexual orientation, or family or social background, have equal rights to protection from Child Abuse. The Club has zero tolerance for Child Abuse. Everyone who is a member of the Club, a Volunteer or Coaching Staff is responsible for the care and protection of the children within the Club’s care and for reporting information about suspected Child Abuse.

The Club will consider any feedback received from children in the development of child protection policies.

The Club supports and respects all children and is committed to the cultural safety of those from culturally and/or linguistically diverse backgrounds, and to providing a safe environment for children living with a disability.

Any person who believes a child is at immediate risk of abuse must contact the police (telephone 000).

CLUB’S APPROACH TO CHILD SAFETY

In continuing to implement and promote a child-safe environment, the Club will:

• develop an environment in which children feel listened to and valued, and in which their concerns are acted upon, including encouraging and allowing children to participate in decisions important to them

• consult with Coaching Staff and other appropriate parties, including families and children

• assess and manage the risk of abuse to children who interact with the Club, including through recruitment practices and via online communication

• take a proactive approach to child safety, including fostering a culture of openness that encourages all members, Coaching Staff and Volunteers to report any concerns of child safety and support them in this process

• report suspected abuse, neglect or mistreatment promptly to the appropriate authority/ies, whether or not the law requires reporting

• ensure children know the options available to them if they are concerned or feeling unsafe, and foster an environment where children feel safe to raise such concerns

• recruit coaching staff who are suitable to work with children

• have policies and procedures in place to reflect these commitments, taking into account that the Club must comply with the Tennis Australia Policies, that have been formulated to promote the safety of children

• encourage Club members, Coaching Staff and Volunteers to familiarize themselves with the Club’s policies and procedures and the Tennis Australia Policies, to comply with all requirements of these policies and to report any suspected breach of any policy to a member of the Club’s Committee.

RESPONSIBILITIES

All members of the Club, Coaching Staff and Volunteers are responsible for the safety and wellbeing of children who are members of or engage with the Club. They are expected to act in accordance with the Tennis Australia Policies and the Club’s Child Safety Code of Conduct in their physical and online interactions with children under the age of 18 years.

The Club’s Committee is responsible for ensuring that appropriate policies and procedures and a Child Safety Code of Conduct are in place.

The Committee is responsible for:

• investigating reports of Child Abuse

• ensuring that all Club members, Coaching Staff and Volunteers are aware of relevant laws, the Club’s policies, including the Child Safety Code of Conduct and Tennis Australia Policies

• ensuring that all adults members of the Club are aware of their obligation to report suspected Child Abuse in accordance with these policies and procedures

• monitoring compliance with the Tennis Australia Policies (refer to Appendix)

• ensuring the screening of Coaching Staff or any other persons who are likely to have unsupervised contact with children in accordance with Part II of the Tennis Australia Member Protection Policy (refer to Appendix)

• providing support to members, Coaching Staff and Volunteers in undertaking their child protection responsibilities.

The Club Coach is responsible for ensuring that all Coaching Staff have undergone screening in accordance with Part II of the Tennis Australia Member Protection Policy and have a current Working With Children Check and provide relevant details to the Club Secretary to enable the maintenance of a current Working With Children Register/Screening Register.

EMPLOYMENT OF CLUB COACH AND SCREENING

In recruiting the Club coach, the Club emphasises child safety and wellbeing in line with its commitment to promoting child safety and undertakes a screening process of the Club coach.

The Club coach undertakes a screening process of all other Coaching Staff. This process aims to:

• promote and protect the safety of all children who are members of the Club or otherwise visit the Club premises,

• identify suitable people who share Club’s values and commitment to protecting children, and

• prevent a person from interacting with children as part of the Club’s activities if they pose a risk to children.

All relevant persons must have current Working with Children Checks to support the ongoing culture of child safety. Working with Children Checks are held for those of the Coaching Staff who are 18 years or older and for all members of the Committee. Details are recorded in a Register maintained by the Committee.

REPORTING

All members, Coaching Staff and Volunteers are responsible for reporting child safety concerns to the Club President or other member of the Club’s Committee as soon as possible after receiving such information or forming a belief that a child is at risk.

The Club Committee is responsible for ensuring compliance with Part IV of the Tennis Australia Member Protection Policy that requires reporting of certain complaints about alleged breaches of the Tennis Australia Safeguarding Children: Code of Conduct within 14 days. Other reporting obligations may exist under State and Commonwealth legislation and the Committee will comply with these, as appropriate (see Appendix).

All complaints of suspected abusive behaviour or misconduct will be reported to the Club President and also to any external regulatory body such as the police and, where required, to the Tennis Australia Integrity and Compliance Unit.

Reportable conduct includes the following incidents:

• a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded

• sexual misconduct committed against, with or in the presence of a child

• physical violence committed against, with or in the presence of a child

• any behaviour that causes significant emotional or psychological harm to a child

• significant neglect of a child.

Where a law enforcement agency is seeking to investigate child safety concerns, members, Coaching Staff and Volunteers must co-operate to the best of their ability.

INVESTIGATING

If the appropriate child protection service, the police or Tennis Australia decide to investigate a report, all members, Coaching Staff and Volunteers must co-operate fully with the investigation.

Whether or not such an investigation is conducted, the Club President will consult with the authorities and Tennis Australia to determine whether an internal investigation is appropriate. If it is decided that such an investigation will not conflict with any proceeding of the authorities, the Club President may decide to conduct the investigation. All members, Volunteers and Coaching Staff must co-operate fully with the investigation.

Any such investigation will be conducted according to the rules of natural justice.

The Club President will make every effort to keep any such investigation confidential.

After an initial review and a determination that the suspected abuse warrants additional investigation, the Club President shall coordinate the investigation with the appropriate investigators and law enforcement officials. Internal or external legal representatives will be involved in the process as deemed appropriate.

RESPONDING

If the investigation concludes that on the balance of probabilities an offence (or a breach of the Club’s policies or Tennis Australia Policies) has occurred then disciplinary action may follow, up to and including cessation of involvement with or membership of the Club. The findings of the investigation will be reported to any external body as required.

PRIVACY

The Club will respect the privacy of the individuals involved unless there is a risk to someone’s safety.

REVIEWING

Every two years, and following every reportable incident, a review shall be conducted to assess whether the Club’s child protection policies or procedures require modification to better protect children.

RELATED DOCUMENTS

This policy must be read in conjunction with:

• The law of the Commonwealth and of Victoria

• The Club’s Child Safety Code of Conduct and the Code of Conduct for Coaching Staff, Players, Volunteers & Members

• Tennis Australia Policies

DEFINITIONS

Child means a child or young person who is under the age of 18 years.

Child protection means any responsibility, measure or activity undertaken to safeguard children from harm.

Child Abuse means

• a sexual offence committed against, with or in the presence of a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded, or

• sexual misconduct committed against, with or in the presence of a child, or

• physical violence committed against, with or in the presence of a child, or

• any behaviour that causes significant emotional or psychological harm to a child or significant neglect of a child.

Child sexual assault is any act which exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards. Sexually abusive behaviours can include the fondling of genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or any other object, fondling of breasts, voyeurism, exhibitionism, and exposing the child to or involving the child in pornography. It includes child grooming, which refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child to lower the child’s inhibitions in preparation for sexual activity with the child.

Reasonable grounds for belief is a belief based on reasonable grounds (see below) that Child Abuse has occurred when all known considerations or facts relevant to the formation of a belief are taken into account and these are objectively assessed. Circumstances or considerations may include the source of the allegation and how it was communicated, the nature of and details of the allegation, and whether there are any other related matters known regarding the alleged perpetrator.

A reasonable belief is formed if a reasonable person believes that:

• the child is in need of protection, or

• the child has suffered or is likely to suffer significant harm as a result of physical injury, or

• the parents are unable or unwilling to protect the child.

A “reasonable belief” or a “belief on reasonable grounds” is not the same as having proof, but it is more than mere rumour or speculation.

A “reasonable belief” is formed if a reasonable person in the same position would form the belief on the same grounds. For example, a “reasonable belief” might be formed if:

a) a child states that they have been physically or sexually abused

b) a child states that they know someone who has been physically or sexually abused (the child may be talking about themselves)

c) someone who knows a child states that the child has been physically or sexually abused

d) signs of abuse lead to a belief that the child has been physically or sexually abused.

Tennis Australia Policies means all policies formulated by Tennis Australia from time to time with which the Club, as an Affiliated club, must comply, including without limitation:

• the Safeguarding of Children: Code of Conduct,

• Member Protection Policy, and

• Code of Behaviour: Competitive Play.

APPENDIX

Sources of Reporting and Other Obligations

• Tennis Australia Member Protection Policy and Tennis Australia Safeguarding Children: Code of Conduct – refer in particular to Part II – Screening: Tennis Australia Member Protection Policy: Part IV – Complaint Handling: Tennis Australia Member Protection Policy: section 5 - Procedural Obligations and section 8 - Offences: Tennis Australia Safeguarding Children: Code of Conduct: section 11 – Behavioural Standards: Tennis Australia Safeguarding Children: Code of Conduct

• Club Policies

• Children, Youth and Families Act 2005 (Vic) – where a person has a significant concern for the wellbeing of a child under 17 years of age

• Crimes Act 1958 (Vic) – any person aged 18 or over must report if they form a reasonable belief that a sexual offence has been committed in Victoria against a child under 16 years of age, by another person aged 18 years or older (exceptions may apply).