Member protection for clubs

What is member protection?

Member protection is a term used by the  sport and recreation industry to describe the practices and procedures that need to be put in place within organisations to protect their members. This includes both individual members such as players, coaches and officials, and member organisations such as clubs, state associations and the national body.  It involves the following:

• Protecting members from harassment, abuse, discrimination and other forms of inappropriate behaviour.
• Adopting appropriate measures to ensure the right people are involved in an organisation, particularly in relation to those involved with juniors.
• Providing education.   
• Promoting positive behaviour.

What is a Member Protection Policy?

An organisation’s Member Protection Policy is a statement of its commitment to providing a safe environment that is fair, respectful and free from harassment and abuse for everyone, including children.

A Member Protection Policy aims to ensure that core values and positive behaviours are maintained within the organisation. The implementation of the policy helps to ensure that everyone involved with the organisation is aware of their legal and moral rights and responsibilities and that inappropriate behaviour is unacceptable and will be addressed.

Why do we need a Member Protection Policy?

• Helps to clarify responsibilities and expectations of members.
• To comply with legislation.
• Fulfil moral obligations.
• Insurance purposes.
• Raises awareness of fun, safe and fair play.
• Outlines complaint handling procedures.

What should be included in our Member Protection Policy?

It should outline the responsibilities of the organisation and its members. It should also state procedures to be followed in the event that the policies of the organisation are not adhered to. The following areas should be addressed:

Harassment

Harassment is any type of behavior that: is not wanted; is not asked for; and is not returned; that a reasonable person would recognise as being unwelcome and likely to cause the recipient to feel offended, humiliated, or intimidated. It may be a single incident or repeated, explicit or implicit, verbal or non-verbal. Some types of harassment (e.g. sexual harassment) are unlawful under federal and state discrimination acts.

Discrimination

Some discrimination is unlawful (for example, sexual harassment and racial discrimination) and some is not (for example, a coach who shows favouritism towards their own child over other players).

The Equal Opportunity Act 1984 makes it unlawful to discriminate on certain grounds and in one or more of the areas of public life covered by the Act. There are two types of discrimination; direct discrimination and indirect discrimination.

Direct discrimination occurs when a person is treated less favourably than another person, in the same or similar circumstances, on one or more of the grounds and in one or more of the areas of public life covered by the Equal Opportunity Act 1984.

Indirect discrimination is when an apparently neutral rule, policy, practice or procedure has a negative effect on a substantially higher proportion of people with a particular attribute or characteristic, and the rule is unreasonable in the circumstances. This is sometimes called systemic discrimination.

Equal Opportunity laws make discrimination on various grounds unlawful such as the following:

• Sex.
• Marital status.
• Pregnancy.
• Gender history.
• Family responsibility.
• Family status.
• Sexual orientation.
• Race.
• Impairment.
• Age.

All discrimination is undesirable if it leads to unfair treatment of players, members or other participants in sport and recreation.

Child protection

Children should be given the opportunity to grow and develop in a safe environment and be protected from the risk of harm and abuse. Clubs and organisations should take a comprehensive approach to child protection and creating child-safe environments.  This includes developing their capacity to minimise risks by adopting and implementing organisational risk management strategies; identifying and managing potential risks by background checking volunteers and employees; and eliminating known risks by carrying out criminal history checking (see ‘Member screening’ for more information). 

There are many practical tips for clubs and organisations to adopt and create child-safe environments including the following:

• Avoid being alone with a child.
• Always meet a child where others can see you both.
• Foster an environment of friendship, cooperation, tolerance and good sportsmanship.
• Ensure all physical contact with a child is appropriate to the situation or the skill being taught.
• Never enter changing rooms without first knocking or loudly announcing that you are entering.
• Adults of both genders should attend overnight camps.

An important component of minimising the risk of child abuse occurring is the education of community members. Everyone should know what child abuse is, what the possible indicators of abuse are and the damaging effects it may have on a child. 

In general, child abuse is categorised in four ways:

Physical abuse

Physical abuse occurs when a child has experienced severe ill-treatment such as beating, shaking, attempted suffocation or excessive punishment, which results in non-accidental trauma or physical injury.

Sexual abuse

Sexual abuse occurs when a child is exposed or subjected to sexual behaviors that are exploitive or inappropriate to his/her age and development.

Emotional abuse

Emotional abuse is the chronic failure to provide the support and affection necessary for a child to develop a healthy self-esteem and social competence.  Emotional abuse may include behaviours such as threatening, belittling, teasing, humiliating, bullying, ignoring and inappropriate encouragement.

Neglect

Neglect is the failure to provide for a child/young person’s basic needs, such as food, medical care, education and supervision. Neglect can be acute, chronic or episodic. This can occur through direct and deliberate inaction for the child/young person.

Clubs and organisations can help to prevent children from being harmed by noticing the signs or indicators of harm, and taking appropriate action early. It is important not to dismiss significant changes in a child’s behavior. If you are sufficiently concerned, you should make a report to the WA Police or the Department for Child Protection.

Child protection is everyone’s business.

Member screening

Member screening helps to identify those people who may be unsuitable to work in your organisation. The following steps can be undertaken for potential and existing (if not already done so) employees and volunteers in your organisation:

Interviews – interviewing potential employees and volunteers is one way that organisations can ensure they are recruiting the best people for the task. Interviews are designed to identify preferred applicants for positions.

Reference checks – reference checks are a collection of employment-related information concerning past work (volunteer or paid) performance obtained from supervisors or other people with a direct personal knowledge of current or previously held positions. 

Criminal record screening – criminal record screening aims to eliminate known offenders from working with children.

Working with Children Check

The Working with Children (WWC) Check is a comprehensive criminal record check for certain people in ‘child-related’ work in Western Australia. It is administered by the Working with Children Screening Unit, Department of Child Protection. The legislation makes it compulsory for certain people in ‘child-related’ work to apply for a WWC Check. Visit www.checkwwc.wa.gov.au to find out whether a person needs to apply for a WWC Check. This is a check that assesses all criminal history information including charges, non convictions and convictions. The decision is made whether a WWC Card can be issued or whether the criminal history indicates a child may be harmed, in which case a Negative Notice is issued. For all information about the WWC legislation, including the individual and organisation’s obligations, visit: www.checkwwc.wa.gov.au

National Police Check for Volunteers

The National Police Check for Volunteers (NPCV) is conducted through the Department of Communities in conjunction with the WA Police. It enables volunteers to be checked for disclosable convictions and pending charges. The check is designed to assist organisations adequately screen volunteers who provide services to vulnerable people, work in positions of financial trust or are involved in driving or other special duties. It is also a good means of getting those persons who are exempt from applying for a WWC Check screened. For more information visit: www.communities.wa.gov.au

National Police Check

The National Police Check is conducted through the WA Police. It enables all persons to be checked for disclosable convictions and pending charges. It is recommended for people who are in paid positions or whose NPCV indicates a criminal record that needs further assessment by an organisation. For further information visit: www.police.wa.gov.au

How is a WWC Check different from a National Police Check?

• A WWC Check is compulsory for certain people in ‘child-related work’, whether or not they have had another type of ‘police check’. There are set obligations and strong penalties for non-compliance, including for employers.
• A WWC Check is valid for three years, unless cancelled.  Once obtained, the WWC Card can be used for any paid or voluntary ‘child-related’ work.
• Unlike the National Police Check, which is only current on the day it is issued, a WWC Check can be updated if a person’s criminal record changes during the three years until the card expires.
• Juvenile offences, pending charges and non-conviction offences, as well as all convictions, are assessed as part of a WWC Check.

Other relevant policies

Other policies can be included in an organisation’s Member Protection Policy, including but not limited to:

• sexual relationships;
• pregnancy;
• gender identity;
• privacy;
• risk management;
• anti-doping; and
• blood rules.

Clubs should adopt and adapt the policy of their state association. If no policy exists at this level, a Member Protection Policy Framework template can be downloaded from the Australian Sports Commission (ASC) website: www.ausport.gov.au

Who is responsible for member protection?

Everyone is responsible to ensure that all members are treated fairly and with respect.

What is a Member Protection Information Officer?

A Member Protection Information Officer (MPIO) is the first point of contact in a club or sporting organisation for any enquiries, concerns or complaints around harassment, abuse and other inappropriate behaviour. The MPIO provides information and moral support to the person with the concern.

To become a MPIO, a person is nominated by their sport and completes an ASC approved course. Courses are coordinated by the Department of Sport and Recreation.
What is their role?

The MPIO’s role is to:

• listen;
• provide support (but do not take over);
• provide information and options about what a person might do (but not advice);
• support the complainant in taking the matter further – if that is what the complainant wants and the officer feels able to do it;
• keep up-to-date with information on harassment, discrimination and other forms of inappropriate behaviour;
• understand their organisation’s policies and procedures in relation to harassment and discrimination; and
• be accessible, approachable and able to maintain confidentiality.

An MPIO does not investigate or resolve conflict.

Member protection checklist — what do we need to do?

• Incorporate a Member Protection Policy into your organisation.
• Visit your peak body or association or www.ausport.gov.au to obtain a policy template to adapt to your requirements.
• Ensure everyone involved in the organisation is aware of the policy and provided with a policy summary.
• Ensure the policy is easily accessible (e.g., on website).
• Promote the policy and procedures widely. Resources such as posters and palm cards that support Member Protection Policies are available from the Department of Sport and Recreation. 
• Conduct regular education sessions regarding the policy, its requirements and the possible consequences for breaching the policy.
• See www.playbytherules.net.au for free online training regarding fun, safe and fair play.
• Appoint a person to monitor, evaluate and regularly review the policy.
• Ensure that a number of people are trained to receive and handle complaints (e.g., MPIOs) or be aware of accessible MPIOs. A database of MPIOs is available at: ww.ausport.gov.au.
• Ensure that complaints (grievances and allegations) are handled in accordance with the procedures provided in the policy.
• Ensure all persons legally required to apply for a WWC Check obtain one and that the organisation keeps adequate and accurate records.

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