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RSL NSW DISPUTE RESOLUTION REGULATION Prepared by: The Returned and Services League of Australia (New South Wales Branch) ANZAC House 245 Castlereagh Street SYDNEY NSW 2000 Telephone: (02) 9264 8188
ii Foreword General 1. This publication is designed to assist sub-branch and subsidiaries with all aspects of the Dispute Resolution requirements of RSL NSW. The document brings together the required information in one reference. Scope 2. This publication contains 7 chapters, each of which describes the appropriate requirements in full or directs the reader s attention to the appropriate publication or reference. Gender 3. This publication has been prepared with gender-neutral language. Associated Publications 4. This Regulation should be read in conjunction with the other publications, Acts or Regulations shown below. Sub-Branch Trustees, Executives and Committees have a statutory responsibility to comply with the following: a. The Constitution and By-Laws of the RSL (NSW Branch), hereinafter referred to as The Constitution. b. The NSW Trustee Act 1925. c. The NSW Fair Trading Act 1987. d. The NSW Fair Trading (General) Regulation 2002. e. The NSW State Records Act 1998. f. The NSW Liquor Act 2007. g. The Australian Taxation Office Regulations. h. The Department of Gaming and Racing Charitable Fundraising Act 1991. i. The Privacy Act 1988. j. Australian Accounting Standards. k. International Financial Reporting Standards (IFRS).
iii l. Common Law. m. N. E. Renton Guide for Meetings and Organisations Volume 2. n. N. E. Renton Clubs and Non-Profits - Keeping the Books. o. RSL NSW Protocol and Procedures Regulation. p. RSL NSW Circulars, issued from time to time.
iv Amendment Certificate 1. Proposals for amendments or additions to the text of this publication should be made through District Councils, to the State Secretary. Authorised amendments to this publication will then be distributed to sub-branches under cover of a RSL NSW Circular. 2. It is certified that the amendments promulgated in the undermentioned amendment lists have been made to this publication. Amendment List Number Date of Endorsement Amended By (Name) Date Amended Note: Sections amended are signified by a black bar in the right-hand margin and the amendment list number at the bottom left of the page.
v Contents Page Foreword Amendment Certificate Contents ii iv v Chapter 1 General 1.1 Purpose of this regulation 1.4 To whom this Regulation applies to 1.6 Responsibilities of the Organisation 1.7 Individual Responsibilities 1.8 Child Protection 1.9 Taking of Images of Children 1.10 Anti-Discrimination & Harassment 1.11 Sexual Relationships 1.12 Pregnancy 1.13 Gender Identity 1.14 Complaints 1.15 Vexatious Complaints & Victimisation 1.16 Mediation 1.17 Tribunals 1.18 What is a Breach of this Policy? 1.19 Disciplinary Measures 1.20 Individuals 1.21 Organisations 1.22 Factors to Consider 1.23 Definitions Chapter 2 Codes of Behaviour 2.1 Introduction 2.7 RSL NSW Code of Behaviour for RSL Executive & Committee Members. 2.8 RSL NSW Code of Behaviour for RSL Pensions Officers, Welfare Officers, Case Officers, Advocates 2.9 RSL NSW Sporting Code of Behaviour 2.10 Screening / Working with Children Check Requirements 2.14 Working with Children - Child Protection Requirements
vi Chapter 3 Complaint Handling Procedures 3.1 Introduction 3.3 Informal Approaches 3.6 Formal Approaches 3.11 External Approaches 3.14 Investigation Process 3.15 Procedure for Handling Allegations of Child Abuse Chapter 4 Mediation 4.1 Introduction Chapter 5 Hearings and Appeals Tribunal Procedure 5.2 Preparation for Tribunal Hearing 5.10 Tribunal Hearing Procedure 5.27 Appeals Procedure Chapter 6 Reporting Documents 6.1 Introduction Annexes: A. Confidential record of informal complaint B. Confidential record of formal complaint C. Confidential record of child abuse allegation Chapter 7 Other Useful Information 7.1 Introduction 7.2 Websites
CHAPTER 1 GENERAL Purpose of this Regulation 1.1 This RSL NSW Dispute Resolution Regulation aims to maintain ethical and informed decision-making and responsible behaviours within our organisation. It outlines our commitment to a person s right to be treated with respect and dignity, to be safe and protected from abuse. This Regulation informs everyone involved in our organisation of his or her legal and ethical rights and responsibilities and the standards of behaviour that are required. 1.2 The Regulation attachments outline the procedures that support our commitment to eliminating discrimination, harassment, child abuse and other forms of inappropriate behaviour from our organisation. As part of this commitment, the RSL NSW may take disciplinary action against any person or organisation bound by this policy if they breach it. 1.3 If a dispute (which, for the avoidance of doubt, does not include disciplinary action taken against a sub-branch, Subsidiary or Member under this Constitution) arises between any Member or body under the control of, or governed by RSL NSW and another Member or RSL NSW, the dispute must be resolved in accordance with this By-Laws and Regulations. To Whom this Regulation Applies To 1.4 This RSL NSW Regulation applies to the following people, whether they are in a paid or voluntary: (e) Members of all RSL NSW sub-branches and Subsidiaries Members of all RSL NSW Youth Clubs Members of all RSL NSW Women s Auxiliaries Members of all RSL NSW Day Clubs All volunteers of RSL NSW 1.5 This Regulation will continue to apply to a person, even after they have stopped their association or employment with RSL NSW, if disciplinary action against that person has commenced. Responsibilities of the Organisation 1.6 The RSL NSW, RSL sub-branches and subsidiaries must: Adopt, implement and comply with By-Law No. 3 and this Regulation;
1-2 (e) (f) (g) (h) (i) Publish, distribute and promote By-Law No. 3 and these Regulations and the consequences of breaches; Promote and model appropriate standards of behaviour at all times; Promptly deal with any breaches or complaints made under By-Law No. 3 and this Regulation in a sensitive, fair, timely and confidential manner; Apply this Regulation consistently; Recognise and enforce any penalty imposed under By-Law No. 3 and this Regulation; Ensure that a copy of By-Law No. 3 and this regulation is available or accessible to the persons and bodies to whom this By-Law applies; Use appropriately trained people to receive and manage complaints and allegations; and Monitor and review By-Law No. 3 and this regulation at least annually. Individual Responsibilities 1.7 Individuals bound by this policy are responsible for: (e) (f) Making themselves aware of By-Law No. 3 and this Regulation and complying with its standards of behaviour; Complying with our screening requirements and any State/territory Working with Children checks; Placing the safety and welfare of children above other considerations; Being accountable for their behaviour; Following the procedures outlined in By-Law No. 3 and this Regulation if they wish to make a complaint or report a concern about possible child abuse, discrimination, harassment or other inappropriate behaviour; and Complying with any decisions and/or disciplinary measures imposed under By-Law No. 3 and this Regulation.
1-3 Position Statements 1.8 Child Protection RSL NSW acknowledges that our members and volunteers provide a valuable contribution to the positive experiences of children involved in our organisation. RSL NSW aims to continue this and to take measures to protect the safety and welfare of children participating in our activities by: Prohibiting any form of abuse against children; Ensuring people have completed a satisfactory Working with Children Checks where the relevant state/territory law requires this; Carefully selecting and screening people over the age of 16 years who work, coach or have regular unsupervised contact with children; Promoting and enforcing our codes of behaviour, particularly for roles associated with juniors; Responding to all reports and complaints of abuse promptly, seriously and confidentially; Making information about child protection available, particularly for roles associated with children; and Adopting practices that reduce risks and provide the greatest opportunity of having a child safe environment. Anyone who reasonably suspects that a child has been or is being abused by someone within our organisation, is to report it immediately to the CEO RSL NSW, police or relevant government agency. Descriptions of the sorts of activity which may be abuse are in the Definitions contained in this Regulation. If anyone suspects that a child is being abused by his or her parent/s, they are advised to contact the relevant government department for youth, family and community services in their state/territory. A person will not be victimised for reporting possible child abuse and the privacy of all persons concerned will be respected. Our procedures for handling allegations of child abuse are outlined in this regulation.
1-4 1.9 Taking Images of Children Images of children can be used inappropriately or illegally. The RSL NSW 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 and ensure that the parent knows the way the image will be used. We also require the privacy of others to be respected and disallow the use of camera phones, videos and cameras inside changing areas, showers and toilet facilities. If the RSL NSW uses an image of a child it will avoid naming or identifying the child or it will, wherever possible, avoid using both the first name and surname. We will not display personal information such as residential address, email address or telephone numbers without gaining consent from the parent/guardian. We will not display information about hobbies, likes/dislikes, school, etc as this information can be used as grooming tools by paedophiles or other persons. We will only use appropriate images of a child, relevant to our organization and ensure that the child is suitably clothed in a manner that promotes the organization and displays its successes. We, the RSL NSW, require our Members, sub-branches and subsidiaries to do likewise. 1.10 Anti-Discrimination and Harassment The RSL NSW opposes all forms of harassment, discrimination and bullying. This includes treating or proposing to treat someone less favourably because of a particular characteristic; imposing or intending to impose an unreasonable requirement, condition or practice which has an unequal or disproportionate effect on people with a particular characteristic; or any behaviour that is offensive, abusive, belittling, intimidating or threatening whether this is face-to-face, indirectly or via communication technologies such as mobile phone and computers. Some forms of harassment, discrimination and bullying, based on personal characteristics such as those listed in the Definitions contained in this Regulation, are against the law. If any person feels they are being harassed or discriminated against by another person or organisation bound by this policy, please refer to our complaints procedure contained in this Regulation. This will explain what to do about the behaviour and how the RSL NSW will deal with the problem.
1-5 1.11 Sexual Relationships RSL NSW takes the position that sexual relationships between coaches and the adult athletes that they coach should be avoided as these relationships can have harmful effects on the individual athlete involved, on other athletes and coaches and on the organization s/sport s public image. Such relationships may be intentionally or unintentionally exploitative due to a disparity between coaches and athletes in terms of authority, power, maturity, status, influence and dependence. Should a sexual relationship exist between an athlete and coach, RSL NSW will consider whether any action is necessary. Factors that may be relevant in this consideration are the age and maturity of the athlete relative to the coach, the financial or emotional dependence of the athlete on the coach and the likelihood of the relationship having any adverse impact on the athlete and/or other athletes. If it is determined that the sexual relationship is inappropriate, action may be taken to stop the coaching relationship with the athlete. Action may include transfer, a request for resignation or dismissal from coaching duties. In the event that an athlete attempts to initiate an intimate sexual relationship, the coach must take personal responsibility for discouraging such approaches, explaining the ethical basis for such action. The coach or athlete may wish to approach the RSL NSW if they feel harassed. Complaints procedure is contained in this Regulation 1.12 Pregnancy Everyone bound by this policy must treat pregnant women with dignity and respect and any unreasonable barriers to participation by them in our organisation should be removed. We will not tolerate any discrimination or harassment against pregnant women. While many organizational activities are safe for pregnant women, there may be particular risks that apply to some women during pregnancy. Those risks will depend on the nature of the activity and the particular pregnant woman s circumstances. Pregnant women should be aware that their own health and wellbeing and that of their unborn children, should be of utmost importance in their decision making about the way they participate in our activities. The RSL NSW recommends that pregnant women wanting to participate in activities consult with their medical advisers, make themselves aware of the facts about pregnancy in recreation and ensure that they make informed decisions about participation. We will only require pregnant women to sign a disclaimer if we require other participants to sign one in similar circumstances. We will not require women to undertake a pregnancy test.
1-6 1.13 Gender Identity (e) Everyone bound by this policy must treat people who identify as transgender fairly and with dignity and respect. This includes acting with sensitivity and respect where a person is undergoing gender transition. We will not tolerate any unlawful discrimination or harassment of a person who identifies as transgender or transsexual or who is thought to be transgender. Descriptions of the types of behaviour which could be regarded as transgender discrimination or harassment are provided in the Definitions contained in this Regulation. RSL NSW recognises that the exclusion of transgender people from participation in sporting events has significant implications for their health, well-being and involvement in community life. In general, the National Sporting Organisation for each sport will facilitate transgender persons participating in our sport with the gender with which they identify. RSL NSW also recognises there is debate over whether a male to female transgender person obtains any physical advantage over other female participants. This debate is reflected in the divergent discrimination laws across the country. If issues of performance advantage arise, RSL NSW will seek advice on the application of those laws in the particular circumstances. RSL NSW is aware that the International Olympic Committee (IOC) has established criteria for selection and participation in the Olympic Games. Where a transgender person intends competing at an elite level, we will encourage them to obtain advice about the IOC s criteria which may differ from the position taken by RSL NSW. Drug testing procedures and prohibitions also apply to people who identify as transgender. A person receiving treatment involving a Prohibited Substance or Method, as described on the World Anti- Doping Agency s Prohibited List, should apply for a standard Therapeutic Use Exemption. Complaints Procedures 1.14 Complaints RSL NSW aims to provide a simple procedure for complaints based on the principles of procedural fairness (natural justice). Any person (a complainant) may report a complaint about a person/s or organisation bound by this policy (respondent). Such complaints should be reported to the Dispute Resolution Manager (DRM).
1-7 The lowest level at which a matter can be dealt with shall always be preferred. Therefore, if a complaint relates to behaviour or an incident that occurred at the: (i) (ii) state level or involves people operating at the state level, then the complaint should be reported to and handled by the relevant state association in the first instance; or sub-branch level or involves people operating at the sub-branch level then the complaint should be reported to and handled by the relevant sub-branch in the first instance. (e) (f) Only matters that relate to or occur at the national level and the most serious cases from sub-branch and state level should be referred to the national body. A complaint may be dealt with informally or formally. The complainant usually decides this unless the DRM considers that the complaint falls outside this policy and would be better dealt with another way and/or the law requires the complaint/allegation to be reported to an appropriate authority. All complaints will be dealt with promptly, seriously, sensitively and confidentially. Our complaint procedures are outlined in Chapter 3. Individuals and organisations may also pursue their complaint externally under anti-discrimination, child protection, criminal or other relevant legislation. 1.15 Vexatious Complaints & Victimisation RSL NSW aims for our complaints procedure to have integrity and be free of unfair repercussions or victimisation. If at any point in the complaints process DSM considers that a complainant has knowingly made an untrue complaint or the complaint is vexatious or malicious, the matter may be referred to the State Council for appropriate action which may include disciplinary action against the complainant. RSL NSW will take all necessary steps to make sure that people involved in a complaint are not victimised. Disciplinary measures can be imposed on anyone who harasses or victimises another person for making a complaint.
1-8 1.16 Mediation RSL NSW aims to resolve complaints with a minimum of fuss. Complaints may be resolved by agreement between the people involved with no need for disciplinary action. Mediation allows those involved to be heard and to come up with mutually agreed solutions. Mediation 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 DRM will, in consultation with the complainant, arrange for a neutral third party mediator where possible. Lawyers are able to negotiate on behalf of the complainant and/or the respondent. More information on the mediation process is outlined in Chapter 4 1.17 Tribunals A Tribunal may be convened to hear a formal complaint: (i) (ii) (iii) referred to it by DRM or Chief Executive Officer (CEO) RSL NSW; referred to it or escalated by a sub-branch because of the serious nature of the complaint or unable to be resolved at the sub- Branch or RSL NSW policy directs it to be; and/or for an alleged breach of this policy. Our Tribunal procedure is outlined in Chapter 5 of this regulation and By-Law 4 of the RSL NSW Constitution. A respondent may lodge an appeal only 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 Chapter 5 of this regulation. Every organisation bound by this policy will recognise and enforce any decision of a Tribunal or Appeal Tribunal under this policy. What is a Breach of this Regulation? 1.18 It is a breach of this Regulation for any person or organisation to which this By-Law applies, to do anything contrary to this policy, including but not limited to: Breaching the Codes of Behaviour (Chapter 2 of this regulation); Bringing the organisation and the RSL NSW into disrepute or acting in a manner likely to bring the organisation and the RSL NSW into disrepute;
1-9 (e) (f) (g) (h) (i) (j) (k) Failing to follow RSL NSW policies (including this Regulation) and procedures for the protection, safety and welfare of Members and children; Discriminating against, harassing or bullying (including cyber bullying) any person; Victimising another person for reporting a complaint; Engaging in a sexually inappropriate relationship with a person that they supervise or have influence, authority or power over; Verbally or physically assaulting another person, intimidating another person or creating a hostile environment within the organisation; Disclosing to any unauthorised person or organisation any RSL NSW information that is of a private, confidential or privileged nature; Making a complaint they knew 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; or Failing to comply with a direction given to the individual or organisation during the discipline process. Disciplinary Measures 1.19 If an individual or organisation to which this Regulation applies breaches this Regulation, one or more forms of discipline may be imposed. Any disciplinary measure imposed under this Regulation 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 in accordance with our Constitution, By Laws, this policy and/or Rules of the organisation. Individual 1.20 Subject to contractual and employment requirements, if a finding is made by a Tribunal that an individual has breached this By-Law, one or more of the following forms of discipline may be imposed:
1-10 (e) (f) (g) (h) (i) (j) (k) 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, placings, records, achievements bestowed in any tournaments, activities or events held or sanctioned by the RSL NSW; A demotion or transfer of the individual to another department, location, role or activity; A suspension of the individual s membership or participation or engagement in a role or activity within the organisation; Termination of the individual s membership, appointment or engagement; A recommendation that the RSL NSW 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; and / or Any other form of discipline that CEO, Tribunal or RSL NSW State Council considers appropriate. Organisation 1.21 If a finding is made that RSL NSW, sub-branch or subsidiary has breached its own regulation, one or more of the following forms of discipline may be imposed by the Tribunal or State Council; A written warning; A fine; A direction that any rights, privileges and benefits provided to that organisation by the national body or other peak association be suspended for a specified period; A direction that any funding granted or given to it by the RSL NSW ceases from a specified date;
1-11 (e) (f) (g) A direction that the NSW RSL cease to sanction events held by or under the auspices of that organisation; A recommendation to RSL that its membership of the RSL NSW be suspended or terminated in accordance with the relevant constitution or rules; and/or Any other form of discipline that the RSL NSW or RSL National considers to be reasonable and appropriate. Factors to consider 1.22 The form of discipline to be imposed on an individual or organisation will depend on factors such as: (e) (f) (g) Nature and seriousness of the breach; If the person knew or should have known that the behaviour was a breach; Level of contrition; The effect of the proposed disciplinary measures on the person including any personal, professional or financial consequences; If there have been relevant prior warnings or disciplinary action; Ability to enforce discipline if the person is a member, parent or spectator (even if they are bound by the policy); and/or Any other mitigating circumstances. Definitions 1.23 These definitions set out the meaning of words used in this Regulation and its attachments without limiting the ordinary and natural meaning of the words. State/Territory specific definitions and more detail on some of the words in these definitions can be sourced from the relevant State/Territory child protection commissions or equal opportunity and anti-discrimination commissions. Abuse is a form of harassment and includes physical abuse, emotional abuse, sexual abuse, neglect, and abuse of power. Examples of abusive behaviour include bullying, humiliation, verbal abuse and insults. Subsidiaries mean RSL Youth Clubs, RSL Day Clubs, RSL Women s Auxiliary. Child means a person who is under the age of 18 years;
1-12 Child abuse involves conduct which puts children at risk of harm (usually by adults, sometimes by other children) and often by those they know and trust. It can take many forms, including verbal and physical actions and by people failing to provide them with basic care. Child abuse may include: Physical abuse by hurting a child or a child s development (e.g. hitting, shaking or other physical harm; giving a child alcohol or drugs; or training that exceeds the child s development or maturity). Sexual abuse by adults or other children where a child is encouraged or forced to watch or engage in sexual activity or where a child is subject to 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 by ill-treating a child (e.g. humiliation, taunting, sarcasm, yelling, negative criticism, name calling, ignoring or placing unrealistic expectations on a child). Neglect (e.g. failing to give food, water, shelter or clothing or to protect a child from danger or foreseeable risk of harm or injury). (e) (f) (g) Complaint means a complaint made under item1.14. Complainant means a person making a complaint. Discrimination means treating or proposing to treat someone less favourably because of a particular characteristic in the same or similar circumstances in certain areas of public life (Direct Discrimination) or imposing or intending to impose an unreasonable requirement, condition or practice that is the same for everyone but which has an unequal or disproportionate effect on individuals or groups with particular characteristics (Indirect Discrimination). The characteristics covered by discrimination law across Australia are: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) Age; Disability; Family/carer responsibilities; Gender identity/transgender status; Homosexuality and sexual orientation; Irrelevant medical record; Irrelevant criminal record; Political belief/activity; Pregnancy and breastfeeding; Race; Religious belief/activity; Sex or gender;
1-13 (xiii) (xiv) Social origin; Trade union membership/activity. Examples of Discrimination Age: An organisation refuses to allow an older person to join simply because of age. Breastfeeding: A member of the organisation who is breastfeeding a baby in the club rooms is asked to leave. Disability: A person is overlooked because of mild epilepsy. Family responsibilities: A club decides not to promote an employee because he has a child with a disability even though the employee is the best person for the job. Gender Identity: A transgender contract worker is harassed when employees refuse to call her by her female name. Homosexuality: A member is ostracised from his/her organisation or team after it becomes known that he is a homosexual or she is a lesbian. Marital Status: A person is deliberately excluded from an organisation or team activities and social functions because he or she is single. Pregnancy: A woman is dropped from a position/team when she becomes pregnant. Race: An Italian referee is not permitted to referee games with a high proportion of Italian players on one team because of his race. Sex: Specialist coaching is only offered to male players in a mixed team. (h) (i) Dispute Resolution Manager (DRM) means a person appointed under this Regulation to investigate a complaint, a person trained to be the first point of contact for a person reporting a complaint under, or a breach of, this Regulation. Harassment is any type of behaviour that the other person does not want and that is offensive, abusive, belittling or threatening. The behaviour is unwelcome and a reasonable person would recognise it as being unwelcome and likely to cause the recipient to feel offended, humiliated or intimidated.
1-14 Unlawful harassment is sexual or targets a person because of their race, sex, pregnancy, marital status, sexual orientation or some other characteristic (see characteristic list under discrimination). It does not matter whether the harassment was intended: the focus is on the impact of the behaviour. The basic rule is if someone else finds it harassing then it could be harassment. Harassment may be a single incident but is usually repeated. It may be explicit or implicit, verbal or non-verbal. Discrimination and harassment are not permitted in employment (including volunteer and unpaid employment); when providing sporting goods and services including access to sporting facilities; when providing education and accommodation; the selection or otherwise of any person for competition or a team (domestic or international); the entry or otherwise of any player or other person to any competition and the obtaining or retaining membership of clubs and organisations (including the rights and privileges of membership). Some exceptions to state and federal anti-discrimination law apply. Examples include: holding a competitive sporting activity for females only who are under 12 years of age or of any age where strength, stamina or physique is relevant. 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. Requesting, assisting, instructing, inducing or encouraging another person to engage in discrimination or harassment may also be against the law. It is also a breach of discrimination law to victimise a person who is involved in making a complaint of discrimination or harassment. Example: a player is ostracised by her male coach for complaining about his sexist behaviour or for supporting another player who has made such a complaint. 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 on other grounds such as homosexuality, gender identity, HIV/AIDS, religion and disability see vilification.
1-15 (j) (k) Member means member of the RSL NSW and its subsidiaries. Natural justice (also referred to as procedural fairness) incorporates the following principles: (i) (ii) (iii) (iv) (v) both the Complainant and the Respondent must know the full details of what is being said against them and have the opportunity to respond; all relevant submissions must be considered; no person may judge their own case; the decision maker/s must be unbiased, fair and just; and the penalties imposed must be fair. (l) (m) (n) (o) Police check means a national criminal history record check conducted as a pre-employment, pre-engagement or current employment background check on a person. Respondent means the person who is being complained about. Role-specific codes of conduct (or behaviour) means standards of conduct required of certain roles (e.g. administrators/coaches). Sexual harassment means unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include unwanted physical contact, verbal comments, jokes, propositions, display of pornographic or offensive material or other behaviour that creates a sexually hostile environment. Sexual harassment is not behaviour based on mutual attraction, friendship and respect. If the interaction is between consenting adults, it is not sexual harassment. (p) Sexual offence means a criminal offence involving sexual activity or acts of indecency including but not limited to (due to differences under state/territory legislation): Rape Indecent assault Sexual assault Assault with intent to have sexual intercourse Incest Sexual penetration of child under the age of 16 Indecent act with child under the age of 16
1-16 Sexual relationship with child under the age of 16 Sexual offences against people with impaired mental functioning Abduction and detention Procuring sexual penetration by threats or fraud Procuring sexual penetration of child under the age of 16 Bestiality Soliciting acts of sexual penetration or indecent acts Promoting or engaging in acts of child prostitution Obtaining benefits from child prostitution Possession of child pornography Publishing child pornography and indecent articles. (q) (r) (s) (t) This Regulation means this Dispute Resolution Regulation. Transgender is a general term applied to individuals and behaviours that differ from the gender role commonly, but not always, assigned at birth. It does not imply any specific form of sexual orientation. Victimisation means subjecting a person or threatening to subject a person to any detriment or unfair treatment because that person has or intends to pursue their rights to make a complaint under government legislation (e.g. anti-discrimination) or under this Policy or for supporting such a person. Vilification involves a person or organisation doing public acts to incite hatred towards, serious contempt for or severe ridicule of a person or group of persons having any of the attributes or characteristics within the meaning of discrimination. Public acts that may amount to vilification include any form of communication to the public and any conduct observable by the public.
Introduction CHAPTER 2 CODES OF BEHAVIOUR 2.1 This Chapter is designed to highlight the codes of behaviour that affect RSL NSW, a sub-branch or other RSL subsidiary. 2.2 RSL NSW expects high standards of behaviour from all people involved in RSL activities and sports and it is vital these expectations are met and the integrity maintained. 2.3 Regardless of the nature of a person s involvement, there are four guiding principles that lead to appropriate behaviour: Fairness, Respect, Responsibility and Safety. The following Codes of Behaviour has been developed to reflect and uphold these principles and assist in retaining the integrity and enjoyable aspects of RSL activities and sports. 2.4 RSL NSW has previously publicised a number of different Codes of Behaviour / Conduct / Ethics that were utilised by sub-branches and subsidiaries to help establish an expected standard of behaviour for their Members and participants. In an effort to help reduce the confusion resulting from multiple and differing codes for the same roles or for people involved in multiple roles or sports, RSL NSW has reviewed the various suggested Codes and developed a template that is consistent and applicable to all roles and levels within all RSL activities and sports. 2.5 The Codes of Behaviour to be used by RSL sub-branches and subsidiaries are a benchmark in the development of their own code of behaviour. RSL NSW Sporting organisations may adopt this Code in its entirety or may adapt the Code to suit their own needs and circumstances. It is recommended that subsidiaries gain input from those impacted upon by their code as this will assist in gaining greater awareness and ownership. Some RSL sporting groups will also be bound by the sports association under their national or state bodies as part of their participation process. 2.6 In consistently enforcing the Code, organisations will assist in providing safe and appropriate environments and quality services to their members, stakeholders and customers. RSL NSW Code of Behaviour for RSL Executive & Committee Members. 2.7 The Executive & Committee have a legal and moral responsibility to manage an RSL sub-branch in the best interests of the community it serves. The Executive & Committee will demonstrate professional ethical behaviour at all times in their responsibilities to the sub-branch, in their professional relationships with each other, and in their professional service to the community and will be required to adhere to this code of ethics.
2-2 The Executive & Committee shall: (e) (f) (g) (h) (i) (j) Be diligent, attend Committee meetings and devote sufficient time to preparation for meetings to allow for full and appropriate participation in the Committee s decision-making. Observe confidentiality relating to non-public information acquired by them in their role as Committee Members and not disclose such information to any other person. Meet regularly to monitor the performance of management and the organisation as a whole. To do this the Executive & Committee will ensure that appropriate monitoring and reporting systems are in place and that these are maintained and utilised to provide accurate and timely information to the Committee. Ensure there is an appropriate separation of duties and responsibilities between itself and senior management and that no individual has unfettered powers of decision-making. Ensure that the independent views of Executive & Committee members are given due consideration and weight. Ensure that stakeholders are provided with an accurate and balanced view of the organisation s performance, including both financial and service provision. Regularly review its own performance as the basis for its own development and quality assurance. Individual Executive & Committee Members should also review their own performance with a view to ensuring a suitable contribution to Committee deliberations and decision-making and, if found lacking, should either pursue training or assistance to improve their performance or resign. Carry out its meetings in such a manner as to ensure fair and full participation of all Executive & Committee members. Ensure that the organisation s assets are protected via a suitable risk management strategy. Ensure that personal and financial interests do not conflict with the duty to the organisation.
2-3 RSL NSW Code of Behaviour for RSL Pensions Officers, Welfare Officers, Case Officers, Advocates 2.8 That RSL Pensions Officers, Welfare Officers, Case Officers, Advocates and any members of the League will: - (e) (f) (g) (h) (i) (j) (k) Give full, accurate, truthful and relevant information to veterans and their families in relation to claims, appeals and applications for other benefits, including an assessment of the likelihood of success; Encourage veterans, their families and others to give full, accurate, truthful and relevant information when applying for benefits; Allow the veteran, spouse or family member to make the decision to apply for benefits or to lodge an appeal; Ensure that all contact with members of the veteran community, staff or government agencies, providers of services and general community is conducted in a professional manner; Ensure that all available relevant details and documents are submitted with claims and applications for benefits; Only undertake work to the level at which they have been trained and have demonstrated competence; Maintain and expand their knowledge base by further training and by seeking advice from the Department of Veterans Affairs, staff of government agencies or other service providers; Abide by the provisions of the Freedom of Information Act when seeking documents from government agencies; Keep personal information secure and not disclose such information to others without express consent; Promote the interests of the veteran community by communicating openly and honestly with the Department of Veterans Affairs, staff of government agencies or other service providers and by complying promptly with proper requests for information; and Provide their services without any fees, charges or gratuity. RSL NSW Sporting Code of Behaviour 2.9 This Code of Behaviour is intended to be the minimum standard for anyone involved in sport represented under the banner of RSL NSW.
2-4 (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) Operate within the rules and spirit of each sport, promoting fair play over winning at any cost. Encourage and support opportunities for people to learn appropriate behaviours and skills. Support opportunities for participation in all aspects of the sport. Treat each person as an individual. Display control and courtesy to all involved with the sport. Respect the rights and worth of every person regardless of their gender, ability, cultural background or religion. Respect the decisions of officials, coaches and administrators in the conduct of the sport. Wherever practical, avoid unaccompanied and unobserved one-on-one activity (when in a supervisory capacity or where a power imbalance will exist) with people under the age of 18 years. Adopt appropriate and responsible behaviour in all interactions. Adopt responsible behaviour in relation to alcohol and other drugs. Act with integrity and objectivity, and accept responsibility for one s own decisions and actions. Ensure decisions and actions contribute to a safe environment. Ensure decisions and actions contribute to a harassment free environment. Do not tolerate harmful or abusive behaviours. Athletes Give your best at all times. Participate for your own enjoyment and benefit. Coaches Place the safety and welfare of the athletes above all else. Help each person (athlete, official etc) reach their potential - respect the talent, developmental stage and goals of each person and compliment and encourage with positive and supportive feedback.
2-5 Any physical contact with a person should be appropriate to the situation and necessary for the person s skill development. Be honest and do not allow qualifications to be misrepresented. Officials Place the safety and welfare of the athletes above all else. Be consistent and impartial when making decisions. Address unsporting behaviour and promote respect for all people. Administrators Act honestly, in good faith and in the best interests of the sport as a whole. Ensure that any information acquired or advantage gained from the position is not used improperly. Conduct responsibilities with due care, competence and diligence. Do not allow prejudice, conflict of interest or bias to affect your objectivity. Parents Encourage children to participate and have fun. Focus on the child s effort and performance rather than winning or losing. Never ridicule or yell at a child for making a mistake or losing a competition. Spectators Respect the performances and efforts of all people. Reject the use of violence in any form, whether it is by spectators, coaches, officials or athletes.
2-6 Screening / Working with Children Check Requirements Background Relevant to RSL Youth Clubs and their aligned sporting groups. 2.10 Child protection is about keeping children safe from harm/abuse. Child abuse is illegal and all states and territories have their own systems and laws that cover screening and/or the reporting and investigation of cases of child abuse. 2.11 Working with Children Check (WWCC) laws aim to prevent people who pose a risk from working with children as paid employees or volunteers. In New South Wales laws require individuals involved in areas such as sport and recreation to undertake a check to determine their suitability to work (in a paid or volunteer capacity) with children. This is done by checking certain criminal history and other matters. In some states this also involves reviewing relevant findings from disciplinary proceedings. There are also requirements placed on organisations. 2.12 Please be aware that state and territory WWCC requirements may also apply to individuals who visit states with screening laws. For example, if a state association or club takes players U18 into Victoria for training camps, competition or other activities, those travelling with the teams must comply with Victorian law. 2.13 The state WWCC requirements apply regardless of our national, state or club Member Protection Policy. Working with Children - Child Protection Requirements The following information was updated in April 2009. It is subject to change at any time. 2.14 All organisations within NSW that employ people in child-related employment (in a paid or unpaid capacity) must meet the requirements of the Working with Children Check (WWCC). Child related employment is work which primarily involves direct unsupervised contact with children. The WWCC involves three components: Ensuring all paid and unpaid employees sign a Prohibited Employment Declaration which states they are not prohibited from working with children. Submitting all applicants for paid employment to NSW Sport and Recreation for a WWCC background check. NSW Sport and Recreation only carries out checks for paid employees.
2-7 Reporting relevant employment proceedings for any paid and unpaid employees to the NSW Commission for Children and Young People. A relevant employment proceeding involves any reportable conduct committed outside of work as well as in the workplace with or in the presence of children. 2.15 Sporting organisations are responsible for managing the WWCC process. Individuals cannot apply for a WWCC directly. Sporting organisations should register with the NSW Commission for Children and Young People providing a contact who will receive the information on the background checks. 2.16 A WWCC is valid for employment in that position within the organisation. Short-term employees (where that person is being employed for periods of less than six months and returning for short periods throughout a 12 month period) only need to be checked once every 12 months. For more information, including the required forms: www.kids.nsw.gov.au or 02-9286 7219 www.dsr.nsw.gov.au/children/resources.asp or 02-9006 3700
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CHAPTER 3 COMPLAINT HANDLING PROCEDURES Introduction 3.1 All complaints will be kept confidential and will not be disclosed to another person without the complainant s consent except if law requires disclosure or if disclosure is necessary to effectively deal with the complaint. 3.2 Individuals and organisations may also pursue their complaint externally under anti-discrimination, child protection or other relevant legislation. 3.3 If you wish to remain anonymous, the RSL NSW may have difficulty assisting in the resolution of a complaint. Procedural fairness (natural justice) means that the RSL NSW is required to provide the person/people being complained about with full details of the complaint so they have a fair chance to respond. Informal Approaches 3.4 Step 1: Talk with the other person (where this is reasonable and appropriate) In the first instance, you (the Complainant) should try to sort out the problem with the person or people involved (respondent) if you feel able to do so. 3.5 Step 2: Contact a Dispute Resolution Manager Talk with RSL NSW Dispute Resolution Manager if: the first step is not possible/reasonable; you are not sure how to handle the problem by yourself; you want to talk confidentially about the problem with someone and obtain more information about what you can do; or the problem continues after you tried to approach the person or people involved. The Dispute Resolution Manager will: (e) (f) (g) (h) take confidential notes about your complaint; try to find out the facts of the problem; ask what outcome/how you want the problem resolved and if you need support; provide possible options for you to resolve the problem; 3-2
(i) (j) (k) (l) act as a support person if you so wish; refer you to an appropriate person (e.g. Mediator) to help you resolve the problem, if necessary; inform the relevant government authorities and/or police if required by law to do so; and maintain confidentiality. 3.6 Step 3: Outcomes from initial contact After talking with the Dispute Resolution Manager, you may decide: (e) there is no problem; the problem is minor and you do not wish to take the matter forward; to try and work out your own resolution (with or without a support person such as a DRM); to seek a mediated resolution with the help of a third person (such as a mediator); or to seek a formal approach. Formal Approaches 3.7 Step 4: Making a Formal complaint If your complaint is not resolved or informal approaches are not appropriate or possible, you may: make a formal complaint in writing to CEO / State Secretary, or approach a relevant external agency such as an anti-discrimination commission, for advice. On receiving a formal complaint and based on the material you have provided, the CEO / State Secretary will decide whether: they are the most appropriate person to receive and handle the complaint; the nature and seriousness of the complaint warrants a formal resolution procedure; 3-3
(e) (f) (g) (h) (i) to appoint a person to investigate (gather more information on) the complaint; to refer the complaint to mediation; to refer the complaint to a hearings tribunal; to refer the matter to the police or other appropriate authority; and/or to implement any interim arrangements that will apply until the complaint process set out in these Procedures is completed. In making the decision(s) outlined above, the CEO / State Secretary will take into account: (j) (k) (l) (m) (n) whether they have had any personal involvement in the circumstances which means that someone else should handle the complaint; your wishes, and the wishes of the respondent, regarding the manner in which the complaint should be handled; the relationship between you and the respondent (for example an actual or perceived power imbalance between you and the respondent); whether the facts of the complaint are in dispute; and the urgency of the complaint, including the possibility that you will be subject to further unacceptable behaviour while the complaint process is underway. If CEO / State Secretary is the appropriate person to handle the complaint they will, to the extent that these steps are necessary: (o) (p) (q) put the information they ve received from you to the person/people you re complaining about and ask them to provide their side of the story; decide if they have enough information to determine whether the matter alleged in your complaint did or didn t happen; and/or determine what, if any, further action to take. This action may include disciplinary action in accordance with this policy. 3.8 Step 5: Investigation of the complaint A person appointed under 3.7 (e) will conduct an investigation and provide a written report to CEO / State Secretary who will determine what further action to take; 3-4