Member Protection Policy - Manly Yacht Club

The Manly Yacht Club intentionally fosters sailing activities for its members. It provides facilities, boats, yachts, training and social programs in a harmonious environment.

One of the Club’s Values is ‘RESPECTFUL. We will respect all people and be considerate of the needs of our members, guests, partners, our community and our environment.’

2. Purpose of Our Policy

The main objective of the Manly Yacht Club (“our”, “us” or “we”) Member Protection Policy (‘policy’) is to maintain responsible behaviour and the making of informed decisions by members and other participants in this club. It outlines our commitment to a person’s right to be treated with respect and dignity, and to be safe and protected from discrimination, harassment and abuse. Our policy informs everyone involved in our club of his or her legal and ethical rights and responsibilities and the standards of behaviour that are expected of them. It also covers the care and protection of children participating in our club’s activities. The main objective of the

3. Who Our Policy Applies To

This policy applies to everyone involved in the activities of our club whether they are in a paid or unpaid/voluntary capacity and including:

club committee members, administrators and other club officials;
coaches and assistant coaches and other personnel participating in events and activities, including camps and training sessions;
support personnel, including managers, sport trainers and others;
race officers and other officials;
sailors;
all members and guests;
parents;
spectators;
and because of our close working relationship; Manly Sailing (School)

4. Extent of Our Policy

Our policy covers all matters directly and indirectly related to the Manly Yacht Club and its activities. In particular, the policy governs unfair selection decisions and actions, breaches of our code of behaviour and behaviour that occurs at training sessions, in the club rooms, at social events organised or sanctioned by the club (or our sport), and on away and overnight trips. It also covers private behaviour where that behaviour brings our club or sport into disrepute or there is suspicion of harm towards a child or young person.

5. Club Responsibilities

We will:

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 this policy;
promote and model appropriate standards of behaviour at all times;
deal with any reports 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;
review this policy every 12-18 months; and
seek advice from and refer serious issues to Australian Sailing NSW.

Serious issues include unlawful behaviour that involves or could lead to significant harm and includes criminal behaviour (e.g. physical assault, sexual assault, child abuse) and any other issues that our state or national bodies request to be referred to them.

6. Individual Responsibilities

Everyone associated with our club must:

make themselves aware of the contents of this policy;
comply with all relevant provisions of this policy, including the standards of behaviour outlined in this policy;
consent to the screening requirements set out in this policy, and any state or territory Working with Children checks 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;
treat other people with respect;
always place the safety and welfare of children above other considerations;
be responsible and accountable for their behaviour; and
follow the guidelines outlined in this policy if they wish to make a report or report a concern about possible child abuse, discrimination, harassment, bullying or other inappropriate behaviour; and
comply with any decisions and/or disciplinary measures imposed under this policy.

7. Protection of Children

7.1 Child Protection

The Manly Yacht Club is committed to the safety and wellbeing of children and young people who participate in our club’s activities or use 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 also support the rights and wellbeing of our staff and volunteers and encourage their active participation in building and maintaining a secure and safe environment for all participants.

Manly Yacht Club acknowledges the valuable contribution made by our staff, members and volunteers and we encourage their active participating in providing a safe, fair and inclusive environment for all participants.

7.1.1: Identifying and Analysing Risks of Harm

The Manly Yacht Club will develop and implement a risk management strategy, which includes 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 action of an employee, volunteer or another person.

7.1.2: Developing Codes of Conduct for Adults and Children

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

The codes will clearly describe professional boundaries, ethical behaviour and unacceptable behaviour. (See Attachment 2)

7.1.3: Choosing Suitable Employees and Volunteers

The Manly Yacht Club will ensure that the organisation takes all reasonable steps to ensure that it engages the most suitable and appropriate people to work with children, especially those in positions that involve regular unsupervised contact with children. This may be achieved using a range of screening measures. Such measures will aim to minimise the likelihood of engaging (or retaining) people who are unsuitable to work with children.

The Manly Yacht Club will ensure that Working with Children Checks and criminal history assessments are conducted for employees and volunteers working with children, where an assessment is required by law. If a criminal history report is obtained as part of the screening process, the Manly Yacht Club will ensure that the criminal history information is dealt with confidentially and in accordance with relevant legal requirements. (See Attachment 1.2)

7.1.4: Support, Train, Supervise and Enhance Performance

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

7.1.5: Empower and Promote the Participation of Children In Decision-Making And Service Development

The Manly Yacht Club will promote the involvement and participation of children and young people in developing and maintaining a child-safe environment in our club.

7.1.6: Report and Respond Appropriately to Suspected Abuse and Neglect

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

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

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

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

7.2 Supervision

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

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

7.3 Transportation

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

7.4 Taking Images of Children

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

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

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

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

8. Discrimination, Harassment and Bullying

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

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

8.1 Discrimination

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

Discrimination includes both direct and indirect discrimination:

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

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

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

8.2 Harassment

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

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

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

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

The following is a list of all the personal characteristics that apply throughout Australia:

gender;
race, colour, descent, national or ethnic origin, nationality, ethno-religious origin, immigration;
national extraction or social origin;
marital status, relationship status, identity of spouse or domestic partner;
pregnancy, potential pregnancy, breastfeeding;
family or carer responsibilities, status as a parent or carer;
age;
religion, religious beliefs or activities;
political beliefs or activities;
lawful sexual activity;
sexual orientation and gender identity;
profession, trade, occupation or calling;
irrelevant criminal record, spent convictions;
irrelevant medical record;
member of association or organisation of employees or employers, industrial activity, trade union activity;
physical features;
disability, mental or physical impairment;
defence service; and
personal association with someone who has, or is assumed to have, any of these personal characteristics.

Legislation also prohibits:

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

8.3 Bullying

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

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

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

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

verbal abuse including shouting, swearing, teasing, making belittling remarks or persistent unjustified criticism;
excluding or isolating a group or person;
spreading malicious rumours; or
psychological harassment such as intimidation.

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

If any person believes they are being, or have been, bullied by another person or organisation bound by this policy, he or she may make a report. (Refer to Attachment 4 of this policy.)

9. Inclusive practices

Our club is welcoming and we will seek to include members from all areas of our community.

The following are examples of some of our inclusive practices.

9.1 People with a disability

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

9. 2 People from diverse cultures

We will support, respect and encourage people from diverse cultures and religions to participate in our club.

9.3 Sexual & Gender Identity

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

9.4 Pregnancy

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

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

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

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

10. Responding to Complaints

10.1 Complaints

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

all reports will be taken seriously;
all persons subject of a report will be given full details of what is being alleged against them and have the opportunity to respond to those allegations;
irrelevant matters will not be taken into account;
decisions will be unbiased; and
any penalties imposed will be reasonable.

More serious reports may be escalated to Australian Sailing NSW.

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

10.2 Complaint Handling Process

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

listen carefully and ask questions to understand the nature and extent of the concern;
ask the reporter how they would like their concern to be resolved and if they need any support;
explain the different options available to help resolve the reporter’s concern;
inform the relevant government authorities and/or police, if required by law to do so; and
where possible and appropriate, maintain confidentiality but not necessarily anonymity.

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

supporting the person complaining to talk to the person being complained about;

gathering more information (e.g. from other people that may have seen the behaviour);
bringing all the people involved in the report together to talk objectively through the problem (this could include external mediation);
seeking advice from our state and/or national body or from an external agency (e.g. State Department of Sport or anti-discrimination agency);
referring the report to Australian Sailing NSW; and/or
referring the reporter to an external agency such as a community mediation centre, police or anti-discrimination agency. The results of any failed mediation will remain confidential.

In situations where a report is referred to Australian Sailing NSW and an investigation is conducted, the club will:

co-operate fully with the investigation;
where applicable, ensure the reporter is not placed in an unsupervised situation with the respondent(s); and
act on Australian Sailing NSW’s recommendations.

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

10.3 Disciplinary Sanctions

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

be applied consistent with any contractual and employment rules and requirements;
be fair and reasonable;
be based on the evidence and information presented and the seriousness of the breach; and
be determined by our constituent documents and, by Laws and the rules of our sport.

Possible sanctions that may be taken include:

a direction that the individual make verbal and/or written apology;
counselling of the individual to address behaviour;
withdrawal of any awards, placings, records, achievements bestowed in any activities or events held or sanctioned by our club;
suspension or termination of membership, participation or engagement in a role or activity;
de-registration of accreditation for a period of time or permanently;
a fine; or
any other form of discipline that our club considers reasonable and appropriate.

10.4 Appeals

The reporter or respondent may be entitled to lodge an appeal against a decision made in relation to a report (including a decision where disciplinary sanctions are imposed by our club) to our Club or Australian Sailing NSW. Appeals must be based on any right of appeal provided for in the relevant constituent documents, rules, regulations or by laws.

The grounds of an appeal should be specific, for example they may be limited to a denial of procedural fairness, on grounds of unjust or unreasonable disciplinary measure(s) being imposed, or on the grounds that the decision was not supported by the information/evidence presented and available to the decision maker/club.

Attachment 1.1: INTERACTING WITH CHILDREN

GUIDELINES FOR INTERACTING WITH CHILDREN

Maintain appropriate boundaries

Coaches and other personnel in positions of authority should maintain clear:

Physical boundaries

Use drills to develop fitness, not as a punishment
Only use physical contact that is appropriate for the development of a particular skill and has the permission of the sailor
Work within sight of others at all times

Emotional boundaries

Use positive feedback on performance, not negative feedback about the person
Be encouraging and avoid put-downs

Social boundaries

Attend sport related events such as sponsorship and fundraising events, celebrations and annual meetings but do not socialise with sailors outside sailing functions
Do not socialise with sailors via social media

Sexual boundaries

Do not have sexual relationships with sailors you are coaching
Do not touch sailors in ways likely to make them feel uncomfortable

Minimise physical contact

Generally, physical contact with sailors or participants should be to:

Develop sport skills
Give sports massage
Treat an injury
Prevent or respond to an injury
Meet the specific requirements of the sport

All physical contact by personnel should fulfil the following criteria:

Physical contact should be appropriate for the development of a sport skill/s
Permission from the sailor or participant should always be sought
Sailors or participants should be congratulated or comforted in public not in an isolated setting

Avoid being alone with a child

To protect yourself and the child from risk:

Do not isolate yourself and a child and avoid being alone with any particular child
If a child approaches you and wants to talk to you privately about a matter, do so in an open area and in sight of other adults (e.g. other coaches, officials or parents/guardians)
Before going into change rooms knock or announce that you will be coming in. Try to have at least one adult with you in a change room with children.

Attachment 1.2: WORKING WITH CHILDREN CHECK REQUIREMENTS

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

They assess the suitability of people to work with children and young people and can involve:

• criminal history checks;

• signed declarations;

• referee checks; and

• other relevant background checks to assess a person’s suitability to work with children and young people.

Working with Children Check requirements vary across Australia. Fact Sheets for each state and territory are available on the Play by the Rules website: www.playbytherules.net.au

Detailed information, including the forms required to complete a Working with Children Check, are available from the relevant agencies in

New South Wales

Contact the Office of the Children’s Guardian

Website: www.kidsguardian.nsw.gov.au/check

Phone: 02 9286 7276

Travelling to other states or territories

It is important to remember that when travelling to other states or territories, representatives of sporting organisations must comply with the legislative requirements of that particular state or territory.

In certain jurisdictions, temporary, time limited exemptions from working with children checks may be available for interstate visitors with a Working with Children Check in their home state.

The laws providing interstate exemptions are not consistent across Australia.

If an employee or volunteer for your club is travelling interstate to do work that would normally require a working for children check, you will need to check the relevant requirements of that state or territory.

Attachment 2: CODES OF BEHAVIOUR

The Manly Yacht Club adopts the intentions and interpretations of Section C Gross Misconduct Rule 69 and its parts of the ISAF Racing Rules of the day.
Where non-members are involved, the Manly Yacht Club shall endeavour to get appropriate participation forms signed specifically binding them to the provisions of this MPP.

COACH Code of Behaviour

Safety and Health of Participants

Place the safety and welfare of the participants above all else.
Be aware of and support the sport’s injury management plans and ‘return to play’ guidelines.

Coaching excellence

Help each person (athlete, official, etc) to reach their potential. Respect the talent, developmental stage and goals of each person and encourage them with positive and constructive feedback.
Encourage and support opportunities for people to learn appropriate behaviours and skills.
Support opportunities for participation in all aspects of the sport.
Treat each participant as an individual.
Obtain appropriate qualifications and keep up-to-date with the latest coaching practices and the principles of growth and development of participants.

Honour the sport

Act within the rules and spirit of your sport.
Promote fair play over winning at any cost.
Respect the decisions of officials, coaches and administrators.
Show respect and courtesy to all involved with the sport.
Display responsible behaviour in relation to alcohol and other drugs.

Integrity

Act with integrity and objectivity, and accept responsibility for your decisions and actions.
Ensure your decisions and actions contribute to a harassment-free environment.
Wherever practical, avoid unaccompanied and unobserved one-on-one activity (when in a supervisory capacity or where a power imbalance exists) with people under the age of 18.
Ensure that any physical contact with another person is appropriate to the situation and necessary for the person’s skill development.
Be honest and do not allow your qualifications or coaching experience to be misrepresented.

Never advocate or condone the use of illicit drugs or other banned performance-enhancing substances or methods.
Never participate in or advocate practices that involve match fixing.

Respect

Respect the rights and worth of every person, regardless of their age, race, gender, ability, cultural background, sexuality or religion.
Do not tolerate abusive, bullying or threatening behaviour.

SPECTATOR BEHAVIOUR

Our commitment

Our club is committed to providing a safe environment for participation. Aggressive, threatening or other inappropriate behaviour by members, their families, their friends, and other sporting personnel while attending a training session, practice session, race day or event will not be tolerated.

These behaviours are outlined in our Codes of Behaviour and specifically include:

using bad language
harassing or ridiculing sailors, coaches, officials or other spectators
making racist, religious, sexist or other inappropriate comments to sailors, coaches, officials or other spectators
any threatening behaviour or physical altercation between spectators and sailors, coaches, officials or other spectators
putting undue pressure on children, berating them or putting down their performance
being drunk at a club event.

What we will do

Provide members, their parents and other sporting personnel with our Codes of Behaviour and make clear what is expected and the consequences of non-compliance.
Where possible, bind non-members by prominently displaying conditions of entry to the MYC facilities and by requiring parents to abide by club rules (e.g. by making parents honorary members, signing our Codes of Behaviour).
Reinforce messages of fair and respectful behaviour by displaying signs and posters around our facilities and providing information on our website, in our newsletter and through other club communication.
Encourage our coaches and officials to complete training to develop their skills and confidence.
Ban bringing alcohol to training or no-alcohol club event.
Consult with our local police and seek their support and advice on how to handle issues involving inappropriate behaviour by spectators prior to, at or after a game.
Encourage the reporting of incidents and investigate inappropriate behaviours as outlined in this policy and take disciplinary or whatever other actions as are deemed necessary (e.g. appoint a deck official to monitor behaviour).
Encourage our sailors, coaches, officials and spectators to call the police if they are concerned about escalating behaviour and their safety or the safety of others.

What we ask you to do

Help create a positive atmosphere for sailors, officials and other spectators by showing respect for sailors, officials and other spectators.
Abide by our club’s Codes of Behaviour and refrain from using bad language, harassing or ridiculing others or behaving in a threatening or violent manner.
If you are aware of inappropriate spectator behaviour and you feel confident to do so, speak with the person and ask them to stop. If there is a ground official or committee member present, ask for their assistance.
Report any inappropriate spectator behaviour to the club president or someone in a position of authority.
Call the police or a club official if you are concerned for your safety or the safety of others.

Non-Compliance

Parents or others found to have behaved inappropriately, and who are associate members or have agreed to abide by our club’s Codes of Behaviour and this policy, may face disciplinary action as outlined in our Member Protection Policy.

Attachment 3: DUTY STATEMENTS

Duty Statements are separately listed and available from the Club Manager.

Attachment 4: REPORTING REQUIREMENTS AND COMPLAINT TEMPLATE

RECORD OF COMPLAINT

Name of person receiving report			Date: / /
Complainant’s Name	……………………………………………………………………………………………………… • Over 18 • Under 18
Complainant’s contact details	Phone:Email:
Complainant’s role/status in Club	• Administrator (volunteer) • Parent• Sailor • Spectator• Coach/Assistant Coach • Support Personnel• Employee (paid) • Other• Club Official ………………………………….
Name of person complained about	……………………………………………………………………………………………………… • Over 18 • Under 18
Person complained about role/status in Club	• Administrator (volunteer) • Parent• Sailors • Spectator• Coach/Assistant Coach • Support Personnel• Employee (paid) • Other …………………………………….…• Official ………………………………………………….……….
Location/event of alleged issue
Description of alleged issue
Nature of report (category/basis/grounds) Can tick more than one box	Harassment or Sexual/sexist Sexuality Race Religion Pregnancy	DiscriminationSelection disputePersonality clashBullyingDisabilityChild Abuse		Coaching methodsVerbal abusePhysical abuseVictimisationUnfair decision
	Other …………………………………………………………………
What they want to happen to fix issue
Information provided to them
Resolution and/or action taken
Follow-up action

Version Control

Version	Date	Rationale
0.1	1 June 2018	First drafted
0.2		Wider review by MYC Board; incorporated comments
1.0		Issued
1.1