Preface

This policy has been developed in order to provide guidelines for child protection and harassment and discrimination free activities in our school. It establishes standards of appropriate behaviour in providing a safe, respectful and appropriate training environment.

Our school is committed to providing an environment safe for children that is free from harassment and abuse for everyone, and promotes respectful and positive behaviour and values. This policy provides codes of conduct which form the basis of appropriate and ethical conduct, which everyone must abide by.

This policy is an essential part of our school’s proactive and preventative approach to tackling inappropriate behaviour and we are committed to ensuring that everyone associated with our school complies with the policy.

Lester and Sherrilyn Walters

Owners

Chinese Martial Arts and Health Centre Australia

Trading as L.F and S.J Walters

ABN: 12792347015

November 2006

Policy reviewed May 2007

Part A – Member Protection Policy

1. Chinese Martial Arts and Health Centre Australia’s Core Values

Chinese Martial Arts and Health Centre Australia (CMAHC Australia) is a martial arts school which is dedicated to teaching traditional and authentic Chinese Martial Arts to school aged children and adults.
We believe that martial arts practice is independent from any accompanying religious beliefs, and can be successfully taught and practiced as a physical art. As a result we aim to provide a learning environment that is free from religious indoctrination.
We promote and uphold the traditional principles for the training of martial arts in our school. These principles are: wisdom, knowledge, mercy, prosperity, the warrior’s ideal (courage, strength and endurance), and balance.

CMAHC Australia is a family system of martial arts. We require the members of CMAHC Australia to show respect. This includes respect for instructors and senior students as a recognition of the hardships and trials they have endured to achieve their positions; respect between students; and respect for students by the instructors.
At CMAHC Australia, we believe that discipline is one of the most important lessons that our students can learn. We encourage and teach physical and mental self-discipline.

2. Purpose of this policy

This Member Protection Policy (policy) aims to ensure our core values, good reputation and positive behaviours and attitudes are maintained. It assists us in ensuring that every person involved in our school is treated with respect and dignity, and is safe and protected from abuse. This policy also ensures that everyone involved in our school is aware of his or her legal and ethical rights and responsibilities.

The sections of this policy provide the procedures that support our commitment to eliminating discrimination, harassment, child abuse and other forms of inappropriate behaviour from our school. As part of this commitment, CMAHC Australia will take disciplinary action against any person bound by this policy if they breach it.

This policy starts on 20 November 2006 and will operate until replaced. This policy and/or its Parts may be amended from time to time by resolution of the owners. Copies of the policy and its Parts can be obtained from the owners.

3. Who this Policy Applies To

This policy applies to the following, whether they are in a paid or unpaid/voluntary capacity:

· Owners (who make up the executive council)

· Instructors and sub-instructors

· Support personnel

· Students attending classes

· Any member of CMAHC Australia

· Parents, guardians, spectators and sponsors to the full extent that is possible.

4. Code of Conduct

CMAHC Australia requires every individual to whom this policy applies to:

4.1 Be ethical, fair and honest in all their dealings with other people and CMAHC Australia;

4.2 Treat all persons with respect and courtesy and have proper regard for their dignity, rights and obligations;

4.3 Always place the safety and welfare of children above other considerations;

4.4 Comply with CMAHC Australia’s rules and policies including this member protection policy;

4.5 Operate within the rules and spirit of Chinese Martial Arts.

4.6 Comply with all the relevant Australian laws (Federal and State), particularly anti-discrimination and child protection laws;

4.7 Be responsible and accountable for their conduct; and

4.8 Abide by the relevant Role-Specific Codes of Conduct outlined in Part D of this policy.

5. Organisational Responsibilities

CMAHC Australia must:

5.1 Adopt, implement and comply with this policy;

5.2 Publish, distribute and otherwise promote this policy and the consequences for breaching it;

5.3 Promote appropriate standards of conduct at all times;

5.4 Promptly deal with any breaches of or complaints made under this policy in an impartial, sensitive, fair, timely and confidential manner;

5.5 Apply this policy consistently without fear or favour;

5.6 Recognise and enforce any penalty imposed under this policy;

5.7 Ensure that a copy of this policy is available or accessible to the persons to whom this policy applies;

5.8 Monitor and review this policy at least annually.

6. Individual Responsibilities

Individuals bound by this policy are responsible for:

6.1 Making themselves aware of this policy and complying with the standards of conduct outlined in this policy;

6.2 Consenting to obtain a Positive Notice blue card for Child Related Employment if the individual holds or applies for a role that involves working with people under the age of 18 years;

6.3 Complying with all other requirements of this policy;

6.4 Cooperating in providing a discrimination, child abuse and harassment free training environment;

6.5 Understanding the possible consequences of breaching this policy.

7. Policy Position Statements

7.1 Child Protection Policy

Every person bound by this policy must always place the safety and welfare of children above all other considerations.

At CMAHC Australia, we believe that we offer our junior students a valuable and fun learning experience. We aim to ensure that this continues and to protect the safety and welfare of our junior participants. Several measures will be used to achieve this such as:

· Prohibiting any form of abuse against children;

· Providing opportunities for our juniors to contribute to and provide feedback on our program development;

· Carefully selecting and screening people whose role requires them to work with children (Screening procedures are outlined in Part B of this policy);

· Ensuring our codes of conduct, particularly for roles associated with juniors, are promoted, enforced and reviewed;

· Providing procedures for raising concerns or complaints (our complaints procedure is outlined in Part C of this policy); and

· Providing education and/or information to those involved in our school on child abuse and child protection.

CMAHC Australia requires any child who is abused or anyone who reasonably suspects that a child has been or is being abused by someone within our martial art to report it immediately to the police or relevant government agency and one of our instructors. Descriptions of the sorts of activity which may be abuse are in the Dictionary at clause 11.

All allegations of child abuse will be dealt with promptly, seriously, sensitively and confidentially. A person will not be victimized for reporting an allegation of child abuse and the privacy of all persons concerned will be respected. Our procedures for handling allegations of child abuse are outlined in section C of this policy.

If anyone bound by this policy reasonably 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.

7.2 Anti-Discrimination Policy

CMAHC Australia aims to provide a training environment where all those involved in its activities are treated with dignity and respect, and without harassment or discrimination.

CMAHC Australia recognizes that all those involved in its activities cannot enjoy themselves, perform to their best, or be effective or fully productive if they are being treated unfairly, discriminated against or harassed because of their sex, marital status, pregnancy, parental status, race, age, disability, homosexuality, sexuality, transgender, religion, political belief and/or industrial activity.

CMAHC Australia prohibits all forms of harassment and discrimination not only because it is against the law, but because it is extremely distressing, offensive, humiliating and/or threatening and creates an uncomfortable and unpleasant environment.

Descriptions of some of the types of behaviour which could be regarded as harassment or discrimination are provided in the Dictionary at clause 11.

If any person feels they are being harassed or discriminated against by another person bound by this policy, please refer to our complaints procedure outlined in Part C of this policy. This will explain what to do about the behaviour and how the CMAHC Australia will deal with the problem.

7.3 Sexual Relationships Policy

CMAHC Australia takes the position that sexual relationships between instructors and sub-instructors and the adult students they instruct should be avoided. CMAHC Australia takes the view that such relationships while not necessarily constituting unlawful harassment, can have harmful effects on the individual student involved, on other students and instructors, and on the school’s public image. Such relationships tend to be intentionally or unintentionally exploitative because there is usually a disparity between instructors and students in terms of authority, power, maturity status and dependence. CMAHC Australia’s policy position is similar to other organisations who disallow professionals such as teachers, doctors and counselors to have sexual relationships with their clients or students.

Should a sexual relationship develop between a student and an instructor, CMAHC Australia will investigate whether any action against the instructor is necessary. Factors that may be relevant to consider are the age and maturity of the student relative to the instructor, the financial or emotional dependence of the student on the instructor, 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 instructing relationship with the student. Action may include transfer, a request for resignation or dismissal from instructing duties.

In the event that a student attempts to initiate an intimate sexual relationship, the instructor must take personal responsibility for discouraging such approaches, explaining the ethical basis for such action. The instructor may wish to approach either of CMAHC Australia’s owners if they feel harassed.

The law is always the minimum standard for behaviour within CMAHC Australia and therefore sex with a child is a criminal offence.

7.4 Pregnancy Policy

As part of our anti-Discrimination policy, we prohibit all forms of discrimination and harassment against an individual because of pregnancy.

Due to the strenuous nature of many of the activities in our Kung Fu classes, we advise pregnant individuals not to take part in these activities. If an individual wishes to continue attending classes during pregnancy, they may do so, but are required to inform us of their pregnancy and will be required to sit out certain activities.

We encourage pregnant individuals to take part in our Tai Chi classes, as this is a soft style of martial arts which may be of benefit during pregnancy.

7.5 Infectious Diseases and Blood Spillage Policy

At the CMAHC Australia, we aim to provide a safe, healthy environment for our students.

We recognise that there is a risk of spreading infectious diseases between students in our classes, due to the physical contact and/or close proximity of the students in our classes. As a result, we require all students to complete a waiver form detailing any infectious diseases that they may have. In addition, we require our students, instructors, and anyone involved in classes to inform us if they have acquired an infectious disease. Individuals who have an infectious disease are requested to sit out of classes until they have recovered.

If there is a spillage of blood in a class or demonstration, the individual that is bleeding is required to leave the class or stage until the bleeding is controlled and the wound covered. Any spilled blood must be immediately cleaned by an instructor who is required to wear gloves.

8. Complaints Procedures

8.1 Complaints

CMAHC Australia aims to provide an easy to use, confidential and trustworthy procedure for complaints based on the principles of natural justice. Any person may report a complaint about a person/s bound by this policy if they reasonably believe that a person/s has breached this policy. A complaint should be reported to either of the owners of CMAHC Australia (who will act as complaints officers).

A complaint may be reported as an informal or formal complaint. The complainant decides whether the complaint will be dealt with informally or formally unless the complaint falls outside the parameters of this policy and would be better dealt with another way.

All complaints will be dealt with promptly, seriously, sensitively and confidentially. Our complaint procedures are outlined in Part C of this policy.

8.2 Vexatious Complaints and Victimisation

CMAHC Australia aims to ensure our complaints procedure has integrity and is free of unfair repercussions or victimisation. If at any point in the complaint process the complaints officer feels that a complainant has knowingly made an untrue complaint or the complaint is vexatious or malicious, the matter may be referred to the executive council for appropriate action which may include disciplinary action against the complainant.

CMAHC Australia will also take all necessary steps to make sure that people involved in a complaint are not victimised by anyone for coming forward with a complaint or for helping to sort it out. Disciplinary measures will be imposed on anyone who victimizes another person for making a complaint.

8.3 Mediation

CMAHC Australia aims to sort out complaints with the minimum of fuss wherever possible. In many cases, complaints can be sorted out by agreement between the people involved with no need for disciplinary action. The people involved in a formal complaint – the complainant and the person complained about (respondent) – may also seek the assistance of a neutral third person or a mediator. Lawyers are able to negotiate on behalf of the complainant and/or respondent.

Mediation may occur either before or after an investigation of a complaint. If a complainant wishes to try and resolve the complaint with the assistance of a mediator, the complaints officer will, in consultation with the complainant, arrange for a mediator to mediate the complaint. More information on the mediation process is outlined in Part C of this policy.

8.4 Tribunals

A hearings tribunal may be formed to hear a formal complaint that has been referred by a complaints officer, or an alleged breach of the policy. Our tribunal hearings procedure is outlined in Part C of this policy.

A respondent may lodge one appeal only to the appeal tribunal in respect of a decision of a hearing tribunal. The decision of the appeal tribunal is final and binding on the people involved in the appeal. Our appeals process is outlined in Part C of this policy.

Members of hearing and appeal tribunals will be indemnified by the organization that appointed them against any claim for loss, compensation or damages, and for costs incurred defending a claim made against them, because of their function as a member of a hearings or appeals tribunal.

9. What is a Breach of this policy

It is a breach of this policy for any person to which this policy applies, to have been found to have:

Done anything contrary to this policy;
Breached the Code of Conduct and Role-Specific Codes of Conduct;
Brought Chinese martial arts and/or CMAHC Australia into disrepute;
Failed to follow CMAHC Australia’s policies and procedures for the protection, safety and welfare of children;
Appointed or continued to appoint a person to a role that involves working children and young people contrary to this policy;
Discriminated against or harassed any person;
Victimised another person for reporting a complaint;
Engaged in a sexually inappropriate relationship with a person that the person supervises, or has influence, authority or power over;
Disclosed to any unauthorized person or organization any CMAHC Australia information that is of a private, confidential or privileged nature;
Made a complaint they knew to be untrue, vexatious, malicious or improper;
Failed to comply with a penalty imposed after finding that the individual has breached this policy;
Failed to comply with a direction given to the individual during the discipline process.

10. Forms of Discipline

If an individual to whom this policy applies breaches this policy, one or more forms of discipline may be imposed. These may include making a verbal or written apology, paying a fine, being suspended or de-registered or having a person’s appointment or employment terminated. More information on the range of disciplinary measures and the factors that will be considered before imposing discipline can be found at Part C of this policy.

11. Dictionary

This Dictionary sets out the meaning of words used in this policy without limiting the ordinary and natural meaning of the words. State/Territory specific definitions and more detail on some of the words in this dictionary 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.

Child means a person who is under the age of 18 years (see also definition of young person)

Child abuse relates to 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. Children may be harmed by both 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; giving bad nutritional advice; 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).

Complaint means a complaint made under clause C of this policy.

Complainant means the person making a complaint.

Discrimination means treating or proposing to treat a person less favourably than someone else in certain areas of public life on the basis of an attribute or personal characteristic that they have. The relevant attributes or characteristics are:

Age;
Disability;
Marital status;
Parental/carer status;
Physical features;
Political belief/activity;
Pregnancy;
Race;
Religious belief/activity;
Sex or gender;
Sexual orientation;
Trade union membership/activity;
Transgender orientation.

Some States and Territories include additional characteristics.

Discrimination is not permitted in the areas of employment (including volunteer and unpaid employment); the provision of goods and services; the selection or otherwise of any person for competition or a team (domestic or international); the entry or otherwise of any student or other person to any competition; obtaining or retaining membership of an organisation (including the rights and privileges of membership).

Requesting, assisting, instructing or encouraging another person to engage in discrimination may also be discriminatory conduct.

Discrimination may be direct or indirect. Direct discrimination is treating, or proposing to treat someone less favourably because of a characteristic (such as race, sex, age etc), in the same or similar circumstances. Indirect discrimination is imposing or intending to impose a requirement, condition or practice that is the same for everyone but which has an unequal or disproportionate effect on particular individuals or groups.

Harassment is any type of behaviour that the other person does not want and does not return and that is offensive, abusive, belittling or threatening. The behaviour is unwelcome and of a type that a reasonable person would recognize as being unwelcome and likely to cause the recipient to feel offended, humiliated or intimidated.

Unlawful harassment includes the above but is either sexual or targets a person because of their race, pregnancy, marital status, sexuality or other characteristic (see characteristic list under discrimination).

Whether or not the behaviour is harassment is determined from the point of view of the person receiving the harassment. The basic rule is if someone else finds it harassing then it could be harassment. Harassment may be a single incident or repeated. It may be explicit or implicit, verbal or non-verbal.

Junior means a person under the age of eighteen (18) years who is participating in an activity of CMAHC Australia.

Mediator means a person appointed to mediate complaints made under this policy. It is preferable that the mediator has relevant skills, qualifications and/or training in mediation.

Member means a registered participant in CMAHC Australia classes or any person who is recognised to be a member of CMAHC Australia by its owners.

Member protection is a term used by the Australian martial arts industry to describe the practices and procedures that protect members – both individual members such as students, instructors and officials, and the member organizations such as clubs, state associations, other affiliated associations and the national body. Member protection involves:

Protecting those that are involved in martial arts activities from harassment, abuse, discrimination and other forms of inappropriate behaviour
Adopting appropriate measures to ensure the right people are involved in an organization, particularly in relation to those involved with juniors, and
Providing education.

Complaints officer means a person appointed to be the first point of contact for a person reporting a compliant under, or a breach of, this policy. The complaints officer provides confidential information and moral support to the person with the concern or who is alleging harassment or a breach of this policy. They help the complainant deal with any emotions they may have about what has happened and operate as a sounding board as the complainant decides what they want to do. The complaints officer may accompany the complainant in anything they decide to do, if it feels appropriate and they are happy to do it.

Natural justice incorporates the following principles:

A person who is the subject of a compliant must be fully informed of the allegations against them
A person who is the subject of a compliant must be given full opportunity to respond to the allegations and raise any maters in their own defence
All parties need to be heard and all relevant submissions considered
Irrelevant matters should not be taken into account
No person may judge their own case
The decision maker/s must be unbiased, fair and just
The penalties imposed must not outweigh the ‘crime’

Police check means a national criminal history record check conducted as a prudent pre-employment or pre-engagement background check on a person.

Policy and this policy mean this Member Protection Policy.

Respondent means the person who is being complained about.

Role-specific codes of conduct means standards of conduct required of certain roles (e.g. Instructors, students).

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.

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
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.

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 another person to make a compliant.

Vilification involves a person or organization 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.

Young People/person means people in the 13-18 age group.

Part C: Complaint Handling Procedures

To ensure consistency and that the principles of natural justice are followed in all aspects of handling or conducting complaints, allegations, investigations, tribunals and disciplinary measures, CMAHC Australia will follow and implement the following procedures:

1. Complaints Procedure

2. Mediation Procedure

3. Investigation Procedure

4. Investigation Procedure for allegations of child abuse

5. Hearings and Appeals Tribunal Procedure

6. Disciplinary Measures

C.1 Complaints Procedure

A complaint can be about an act, behaviour, omission, situation or decision that someone thinks is unfair, unjustified, unlawful and/or a breach of this policy. Complaints will always vary. They may be about individual or group behaviour; they may be extremely serious or relatively minor; they may be about a single incident or a series of incidents; and the person about who the allegation is made may admit to the allegations or emphatically deny them.

Given all of the variables that can arise, CMAHC Australia provides a step-by-step complaint procedure that people may use/enter at any stage. Individuals to which this policy applies may also pursue their complaint externally under anti-discrimination, child-protection or other relevant legislation.

If at any point in the complaint process the complaints officer considers that a complainant has knowingly made an untrue complaint or the complaint is vexatious or malicious, the matter will be referred to the executive council for appropriate action. 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.

Step 1

As a first step you (the complainant) should try to sort out the problem with the person or people involved if you feel able to do so.

Step 2

If:

the first step is not possible/reasonable; or
you are not sure how to handle the problem by yourself; or
you just want to talk confidentially about the problem with someone and get some more

information about what you can do; or

the problem continues after you tried to approach the person or people involved; then

talk with one of our complaints officers. These are Sherrilyn Walters and Lester Walters.

The complaints officer will:

take notes about your complaint (which will be kept in a secure and confidential place);
try to sort 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;
explain how our complaints procedure works;
act as a support person if you so wish;
refer you to an appropriate person 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 strict confidentiality.

Step 3

After talking with the complaints officer, you may decide:

there is no problem;
the problem is minor and you do not wish to take the matter forward;
to try and work out your own resolution (with or without a support person such as a Complaints officer); or
to seek an informal mediated resolution with the help of a third person (such as a mediator or a

manager).

If you wish to remain anonymous, CMAHC Australia can’t assist you to resolve your complaint. We have to follow the principles of natural justice and be fair to both sides. This means that CMAHC Australia or you may be required to provide the person/people you have complained about with full details of the complaint so they have a fair chance to respond to all the allegations.

Step 4

If your complaint is not resolved to your satisfaction, you may:

make a formal complaint in writing to the executive council; or
approach a relevant external agency such as an equal opportunity commission, for advice.

Step 5

If you decide to make a formal complaint in writing under Step 4, the executive council will, on receiving the formal complaint and based on the material you have provided, decide whether:

they are the most appropriate persons to receive and handle the complaint;
the nature and seriousness of the complaint warrants a formal resolution procedure. Some complaints may be of a minor and/or purely personal nature with no connection to the activities of CMAHC Australia. In these cases, the executive council may determine that the complaint does not warrant a formal resolution procedure;
to appoint a person to investigate the complaint;
to refer the complaint to an informal or formal mediation session;
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 administrative or other arrangements that will apply until the complaint

process set out in these Procedures is completed.

In making the decision(s) outlined above, the executive council will take into account:

whether they have had any personal involvement in the circumstances giving rise to the

complaint and, if so, whether their ability to impartially manage the complaint is compromised or

may appear to be compromised;

whether, due to the nature of the complaint, specific expertise or experience may be required to

manage the complaint;

your wishes, and the wishes of the respondent, regarding the manner in which the complaint

should be handled;

whether, due to the nature of the complaint, the relationship between you and the respondent and any other relevant factors, the complaint should be referred (or should not be referred) to informal or formal mediation or to a hearings tribunal. Relevant factors may include an actual or perceived power imbalance between you and the respondent, the nature of any ongoing working relationship between you and the respondent, and the personal attributes of you and the respondent (for example, if one party does not speak English fluently, some of the possible complaints resolution mechanisms may not be appropriate);
the nature and sensitivity of any information or other material that must be provided by you, the respondent, and any of the other people involved in the complaint;
whether the facts of the complaint are in dispute; and
the urgency of the complaint, including the likelihood and the consequences (if the complaint is ultimately proven) that you will be subject to further unacceptable behaviour while the complaint process set out in these Procedures is being conducted.

If the executive council is the appropriate body to handle the complaint they will, to the extent that

these steps are necessary:

get full information from you (the complainant) about your complaint and how you want it

resolved (if this information has not already been obtained through earlier steps);

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 whether 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 Section 6, appointing a person to investigate the complaint, referring the complaint to an informal or a formal mediation session or a hearings tribunal and/or referring the complaint to the police or other appropriate authority.

Step 6

If:

a person is appointed to investigate the complaint under Step 5, the investigator will conduct the investigation and provide a written report to the executive council who will determine what, if any, further action to take. This action may include a direction to the investigator to make further enquiries and obtain additional information, disciplinary action in accordance with Part C.6, and referring the complaint to an informal or a formal mediation session, a hearings tribunal and/or the police or other appropriate authority;
the complaint is referred to an informal or a formal mediation session under Step 5, the mediation session will be conducted in accordance with Section 2 or as otherwise agreed by you and the respondent;
the complaint is referred to a hearings tribunal under Step 5, the hearing will be conducted in accordance with Part C.5;
the complaint is referred to the police or other appropriate authority under Step 5, CMAHC Australia will use its best endeavours to provide all reasonable assistance lawfully required by the police or other appropriate authority; and
interim administrative or other arrangements are implemented under Step 5, the CMAHC Australia will periodically review these arrangements to ensure that they are effective. Any costs relating to the complaint process set out in this Policy (e.g. investigation and/or mediation and/or hearings tribunal) are to be met by CMAHC Australia unless otherwise stated in the relevant section.

Step 7

If, under Step 6, an informal or formal mediation session is conducted, and you and the respondent(s) can not reach a mutually acceptable mediated solution to the complaint, you may request that the executive council reconsider the complaint in accordance with Step 5.

You or the respondent(s) may be entitled to appeal where:

under Step 5, a decision was made by the executive council:

not to take any action; or
to take disciplinary action; or

under Step 6, a decision was made by the executive council or a hearings tribunal:

not to take any action; or
to take disciplinary action.

The grounds for appeal and the process for appeals under this Policy are set out in Section 5. If the internal complaints processes set out in this Policy do not achieve a satisfactory resolution/outcome for you, or if you believe it would be impossible to get an impartial resolution within CMAHC Australia, you may choose to approach an external agency such as an equal opportunity commission to assist with a resolution.

Step 8

The complaints officer or the executive council will document the complaint, the process followed and the outcome. This document will be stored in a confidential and secure place.

External procedure

There may be a range of external options available to you depending on the nature of your complaint. If you feel that you have been harassed or discriminated against, you can seek advice from your State or Territory equal opportunity commission without being obliged to make a formal complaint. If the commission advises you that the problem appears to be a type of harassment that comes within its jurisdiction, you may then make a decision as to whether or not to lodge a formal complaint with the commission.

Once a complaint is received by an anti-discrimination commission, an investigation will be conducted. If it appears that unlawful harassment or discrimination has occurred, there will usually be an attempt to conciliate the complaint confidentially first. If this fails, or is inappropriate, the complaint may go to a formal hearing where a finding will be made as to whether unlawful harassment or discrimination occurred. The tribunal will decide upon what action, if any, will be taken. This could include financial compensation for such things as distress, lost earnings or medical and counseling expenses incurred.

An anti-discrimination commission can decline to investigate a complaint, or dismiss a complaint at any point in the investigation, conciliation or public hearing stages.

If you do lodge a complaint under anti-discrimination law, you may use an appropriate person (e.g. a complaints officer) as a support person throughout the process. It is also common to have a legal representative, particularly at the hearing stage of a complaint.

C.2 Mediation

Mediation is a process by which people who are in conflict can be helped to communicate with each other about what is important for them and how to make decisions about resolving their dispute. Mediators provide a supportive atmosphere and method of talking to one another, to assist in sorting out the issues, coming up with acceptable solutions and making mutually satisfactory agreements.

This section outlines the general procedure of mediation that will be followed by CMAHC Australia.

2.1. The people involved in a formal complaint (complainant and respondent(s)) may work out their own resolution of the complaint or seek the assistance of a neutral third person or a mediator. Mediation may occur either before or after an investigation of the complaint.

2.2. Mediation (getting those involved to come to a joint agreement about how the complaint should

be resolved) will only be recommended:

a. After the complainant and respondent have had their chance to tell their version of events to a complaints officer on their own; and

b. If the complaints officer does not believe that any of the allegations warrant any form of disciplinary action - proven serious allegations will not be mediated, no matter what the complainant desires; and

c. Mediation looks like it will work (i.e. the versions given by the complainant and respondent tally or almost tally and/or at the very least, it looks as though it will be possible for each party to understand the other party’s point of view).

2.3. Mediation will not be recommended if:

a. The respondent has a completely different version of the events and they won’t deviate from these;

b. The complainant or respondent are unwilling to attempt mediation; or

c. Due to the nature of the complaint, the relationship between you and the respondent(s) and any other relevant factors, the complaint is not suitable for mediation.

2.4. If mediation is chosen to try and resolve the complaint, the complaints officer will, in consultation with the complainant and the respondent(s), arrange for a mediator to mediate the complaint.

2.5. The complaints officer will notify the respondent(s) that a formal complaint has been made, provide them with details of the complaint and notify them that CMAHC Australia has decided to refer the matter to mediation to resolve the complaint.

2.6. The mediator’s role is to assist the complainant and respondent(s) reach an agreement on how to resolve the problem. The mediator, in consultation with the complainant and respondent(s), will choose the procedures to be followed during the mediation. At a minimum, an agenda of issues for discussion will be prepared by the mediator.

2.7. The mediation will be conducted confidentially and without prejudice to the rights of the complainant and the respondent(s) to pursue an alternative process if the complaint is not resolved.

2.8. At the end of a successful mediation the mediator will prepare a document that sets out the agreement reached between the complainant and respondent(s) and it will be signed by them as their agreement.

2.9. If the formal complaint is not resolved by mediation, the complainant may:

a. Write to the executive council to request that the executive council reconsider the complaint in accordance with Step 5; or

b. Approach an external agency such as an anti-discrimination commission.

C.3 Investigation Process

If an investigation needs to be conducted the following steps are to be followed:

1. A written brief will be provided to the investigator to ensure the terms of engagement and scope of the investigator’s role and responsibilities are clear.

2. The complainant will be interviewed and the complaint documented in writing.

3. The details of the complaint will be conveyed to the person/people complained about (respondent(s)) in full. The respondent(s) must be given sufficient information to enable them to properly respond to the complaint.

4. The respondent(s) will be interviewed and given the opportunity to respond. The respondent(s) response to the complaint will be documented in writing.

5. If there is a dispute over the facts, then statements from witnesses and other relevant evidence will be obtained to assist in a determination.

6. The investigator will make a finding as to whether the complaint is:

substantiated (there is sufficient evidence to support the complaint);
inconclusive (there is insufficient evidence either way);
unsubstantiated (there is sufficient evidence to show that the complaint is unfounded); and/or
mischievous, vexatious or knowingly untrue.

7. A report documenting the complaint, investigation process, evidence, finding and, if requested, recommendations, will be given to the executive council.

8. A report documenting the complaint and summarising the investigation process and key points that were found to be substantiated, inconclusive, unsubstantiated and/or mischievous will be provided to the complainant and the respondent(s).

9. Both the complainant and the respondent(s) are entitled to support throughout this process from their chosen support person/adviser (e.g. complaints officer or other person).

10. The complainant and the respondent(s) may have the right to appeal against any decision based on the investigation. Information on our appeals process is in section 5.

More detailed information on conducting internal investigations can be found at

www.ausport.gov.au/ethics/policy.asp

C.4 Investigation Procedure – Child Abuse

An allegation of child abuse is a very serious matter and must be handled with a high degree of sensitivity. The initial response to a complaint that a child has allegedly been abused should be immediate if the incident/s are serious or criminal in nature while less serious/urgent allegations should be actioned as soon as possible, preferably within 24 hours.

The following is a basic outline of the key processes to follow. More information can be obtained from

your relevant State or Territory government agency.

Step 1 - Clarify basic details of the allegation

Any complaints, concerns or allegations of child abuse should be made or referred to a complaints officer.
The initial response of the person that receives the complaint from the child (or person on behalf of the child) is crucial to the well-being of the child. It is important for the person receiving the information to:

Listen to, be supportive and do not dispute what the child says;
Reassure the child that what has occurred is not the fault of the child;
Ensure the child is safe;
Be honest with the child and explain that other people may need to be told in order to stop what is happening; and
Ensure that what the child says is quite clear but do not elicit detailed information about the abuse. You should avoid suggestive or leading questions.

The person receiving the complaint should obtain and clarify basic details (if possible) such as:

o Child’s name, age and address;

o Person’s reason for suspecting abuse (observation, injury or other); and

o Names and contact details of all people involved, including witnesses.

Step 2 – Report allegations of a serious or criminal nature

Any individual to which this policy applies, should immediately report any incident of a serious or a criminal nature to the police and other appropriate authority.
If the allegation involves a child at risk of harm, the incident should immediately be reported to the police or other appropriate government agency. You may need to report to both the police and the relevant government agency.
The relevant State or Territory authority should be contacted for advice if there is any doubt about whether the complaint should be reported.
If the child’s parent/s are suspected of committing the abuse, report the allegation to the relevant government agency.

Step 3 – Protect the child

The complaints officer should assess the risks and take interim action to ensure the child’s/children’s safety. Some options could include redeployment of the alleged offender to a non-child related position, supervision of the alleged offender or removal/suspension from their duties until the allegations are finally determined.
The complaints officer should also address the support needs of the person against whom the complaint is made. Supervision of the person should ideally occur with the knowledge of the person. If stood down, it should be made clear to all parties that are aware of the incident that this does not mean the person is guilty and a proper investigation still needs to be undertaken.

Step 4 – Further clarify and investigate allegation

For allegations of a serious or criminal nature (for example, sexual abuse):

Seek advice from the police and relevant government agency as to whether CMAHC Australia should carry out its own internal investigation (in addition to any police or relevant government agency investigation).
If the police and/or relevant government agency advises that it is appropriate, then appoint an independent person (where possible) with appropriate expertise to conduct an investigation. The investigator should:

Contact the parents/carers of the child at an appropriate time and as directed by the police or relevant government agency.
If appropriate, meet with parents/carers and the child to clarify the incident and offer support on behalf of CMAHC Australia if required (example, professional counseling).
Meet with the person against whom the allegation refers at an appropriate time and as directed by the relevant authority and give the person an opportunity to explain or respond to the allegation and identify any witnesses and supporting evidence. The person should have an opportunity to invite a support person/adviser to attend at a meeting and should be offered support (example, professional counseling) if necessary.
Obtain a signed statement and record of interview from the person.
Make contact with any witnesses and obtain written and signed statements outlining details of the allegation (what happened, when, how). This should only occur following advice from the relevant authority.
Obtain other information that could assist in making a decision on the allegation.

The information collected during the investigation should be made available to the relevant authorities.
Strict confidentiality, impartiality, fairness and due process must be maintained at all times.

For allegations of a less serious nature (e.g. verbal abuse):

Where possible, appoint an independent person with appropriate expertise to make contact and meet with each of the people involved to obtain details of the allegation.
The investigator should follow the procedure set out in Section 3.
Strict confidentiality, impartiality, fairness and due process must be maintained at all times.

Step 5 – Record and analyse all information

If an internal investigation was conducted under Step 4, the investigator will provide a report to the executive council.
The decision-maker(s) will be the executive council of CMAHC Australia and will remain separate and at arm’s length from the investigator.
The executive council will consider all the information and determine a finding. It will also recommend action and its rationale for the action.

Step 6 – Undertake disciplinary action

For incidents of a serious or criminal nature, consideration must be given to the findings of the police and/or the government agency before making a decision on disciplinary proceedings.
If disciplinary action is to be taken, follow the procedures outlined in Part C6 of the policy.
Implement any disciplinary decision recommended by the executive council. The action should be immediate.
Check with the relevant state government authority to see if you need to forward a report (e.g. the NSW Commission for Children and Young People requires notification of relevant employment proceedings).
Complete the report form in Part E of this policy. Retain the original in a secure place and forward a copy to the Executive Council of CMAHC Australia.

C.5 Hearing and Appeals Tribunal Procedure

The following Tribunal Hearing Procedure will be followed by hearings tribunals established by CMAHC Australia.

Tribunal Formation and Notification

1. A Tribunal Panel will be constituted following the rules outlined in CMAHC Australia’s Constitution, to hear a complaint that has been referred to it by a Complaints officer.

2. The Executive council will organise for a Tribunal to be convened by notifying all Tribunal Panel members that they are required to hear a complaint. The Tribunal Panel members will be provided with a copy of all the relevant correspondence, reports or information received and sent by the Executive council relating to the complaint/allegations.

3. The Tribunal Hearing will be scheduled as soon as practicable, but must allow adequate time for the person being complained about (respondent(s)) to prepare to respond to the complaint.

4. The number of Tribunal Panel members required to be present throughout the Tribunal Hearing Process will be a minimum of three.

4.1 The Tribunal Panel will not include any person who has any actual or perceived conflict of interest, preconceived opinions, vested interests or personal involvement relating to the complaint.

4.2 The Tribunal Panel will comprise at least one person who has knowledge, and preferably experience, of any relevant laws relating to the complaint (e.g. anti-harassment).

4.3 If a member of the Tribunal Panel cannot continue once the Tribunal Hearing has commenced, and the minimum number required for the Tribunal Hearing is still maintained, the discontinuing member will not be replaced.

4.4 If the specific or minimum number is not maintained, the discontinuing member may be replaced if it is considered appropriate by the Tribunal Chairperson. Factors to consider should include the circumstances of the complaint and the ability of the new Tribunal Panel member to be reasonably and impartially informed of the hearing evidence up until the time of their appointment. If the Tribunal Chairperson believes it is not appropriate for a new Tribunal Panel member to be appointed then the Tribunal will be rescheduled to a later date. The Tribunal Chairperson will inform the Executive council of the need to reschedule, and the Executive council will organise for the Tribunal Hearing, with a new Tribunal Panel to be reconvened.

5. The Executive council will inform the respondent(s) by written notification that a tribunal hearing will take place. The written notification will outline:

· That the person has a right to appear at the tribunal hearing to defend the complaint/allegation;

· Details of the complaint, including any relevant rules or regulations they are accused of breaching (if there is more than one complaint these should be set out separately);

· The date, time and venue of the tribunal hearing;

· That they can make either verbal or written submissions to the Tribunal;

· That they may arrange for witnesses to attend the Tribunal in support of their position;

· An outline of any possible penalties that may be imposed if the complaint is found to be true; and

· That legal representation will not be allowed. If the respondent is considered a minor, they should have a parent or guardian present.

A copy of any information / documents that have been given to the Tribunal (e.g. investigation report findings) will also be provided to the respondent.

The respondent(s) will be allowed to participate in all CMAHC Australia activities and events, pending the decision of the Tribunal, including any available appeal process, unless the Executive council believes it is warranted to exclude the respondent(s) from all or some CMAHC Australia activities and events, after considering the nature of the complaint.

6. The Executive council will inform the person making the complaint (complainant) by written notification that a tribunal hearing will take place. The written notification will outline:

· That the person has a right to appear at the tribunal hearing to support their complaint;

· Details of the complaint, including any relevant rules or regulations they are accused of breaching (if there is more than one complaint these should be set out separately);

· The date, time and venue of the tribunal hearing;

· That they can make either verbal or written submissions to the Tribunal;

· That they may arrange for witnesses to attend the Tribunal in support of their position; and

· That legal representation will not be allowed. If complainant is considered a minor, they should have a parent or guardian present.

A copy of any information / documents that have been given to the Tribunal (e.g. investigation report findings) will also be provided to the complainant.

7. If the complainant believes the details of the complaint are incorrect or insufficient they should inform the Executive Council as soon as possible so that the respondent and the Tribunal Panel members can be properly informed of the complaint.

Tribunal Hearing Procedure

8. The following people will be allowed to attend the Tribunal Hearing:

· The Tribunal Panel members;

· The respondent(s);

· The complainant;

· Any witnesses called by the respondent;

· Any witnesses called by the complainant;

· Any parent / guardian or support person required to support the respondent or the complainant.

9. The Tribunal Chairperson will call the hearing to order at the designated time and determine if the respondent(s) is present.

10. If the respondent(s) is not present and the Tribunal Chairperson considers that no valid reason has been presented for their absence, the Tribunal Hearing will continue subject to the Tribunal Chairperson being satisfied that all Tribunal notification requirements have been carried out correctly.

11. If the Tribunal Chairperson considers that a valid reason for the non-attendance of the respondent(s) is presented, or the Tribunal Chairperson does not believe the Tribunal notification requirements have been carried out correctly, then the Tribunal Hearing will be rescheduled to a later date.

12. The Tribunal Chairperson will inform the Executive council of the need to reschedule, and the Executive council will organise for the Tribunal Hearing to be reconvened.

13. The Tribunal Chairperson will read out the complaint that is to be judged, ask the respondent(s) if they understand the complaint being made against them, and if they agree or disagree with the complaint.

14. If the person agrees with the complaint, they will be asked to provide any evidence or witnesses that should be considered by the Tribunal Panel when determining any disciplinary measures.

15. If the person disagrees with the complaint, the complainant will be asked to describe the circumstances that lead to the complaint being made.

· Brief notes may be referred to.

· The complainant will be allowed to call witnesses.

· The respondent(s) may be allowed to question the complainant and their witnesses.

16. The respondent(s) will then be asked to respond to the complaint.

· Brief notes may be referred to.

· The respondent will be allowed to call witnesses.

· The complainant may be allowed to ask questions of the respondent and their witnesses.

17. Both the complainant and respondent will be allowed to be present when evidence is presented to the Tribunal. Witnesses may be asked to wait outside the Tribunal Hearing until required.

18. The Tribunal will be allowed to:

· consider any evidence, and in any form, that it deems relevant.

· question any person giving evidence.

· limit the number of witnesses presented if it is agreed by all parties that they will support the person who requested them, but will not provide any new evidence.

19. Video evidence, if available, may be presented. The arrangements must be made entirely by the person/s wishing to offer this type of evidence.

20. If the Tribunal considers that at any time during the Tribunal Hearing that there is any unreasonable or intimidatory behaviour from anyone allowed to be present, the Tribunal Chairperson shall have the power to stop any further involvement of the person in the Tribunal Hearing.

21. After all of the evidence has been presented the Tribunal Panel will make its decision in private. If the Tribunal believes the complaint has been substantiated on the balance of probabilities (i.e. more probable than not), the respondent will then be given an opportunity to address the Tribunal Panel and make a submission on any disciplinary measures that may be imposed. Only those disciplinary measures outlined in the CMAHC Australia Member Protection Policy will be considered. Any disciplinary measure imposed must be reasonable in the circumstances.

22. All decisions made by the Tribunal will be based on a majority vote.

23. The Tribunal Chairperson will announce the decision in the presence of all those involved in the hearing and will declare the hearing closed.

24. Within 48 hours, the Tribunal Chairperson will:

24.1 Forward to the Executive Council a copy of the tribunal decision including any disciplinary measures imposed.

24.2 Forward a letter to the respondent(s) reconfirming the Tribunals decision and any disciplinary measures imposed. The letter should also outline, if allowed, the process and grounds for an appeal to be made.

Appeals Procedure

25. A complainant or a respondent(s) who is not satisfied with a decision described in Step 7 of the Complaints Procedures can lodge one appeal to the CMAHC Australia on one or more of the following bases:

25.1 That a denial of natural justice has occurred; or

25.2 That the disciplinary measure(s) imposed is unjust and/or unreasonable.

26. A person wanting to appeal in accordance with paragraph 25 must lodge a letter stating their intention and the basis for their appeal with the executive council within 30 days of the relevant decision. An appeal fee of $75 shall be included with the letter of intention to appeal.

27. If the letter of appeal is not received by the executive council within the relevant time period the right of appeal will lapse. If the letter of appeal is received but the appeal fee is not received by the relevant time, the appeal shall be deemed to be withdrawn.

28. Upon receipt of the letter of appeal, the executive council must convene a special meeting of the Appeal Committee to review the letter of appeal and decide whether there are sufficient grounds for the appeal to proceed. The Appeal Committee will be able to invite any witnesses to the meeting it believes are required to make an informed decision.

29. If it is considered that the letter of appeal has not shown sufficient grounds for appeal in accordance with paragraph 25, then the appeal will not proceed and the person will be notified of this decision and the reasons for this decision. The appeal fee will be forfeited.

30. If the appeal is considered to have sufficient grounds to proceed then a Tribunal with a new panel will be convened to rehear the complaint, and the appeal fee will be refunded. The Appeal Committee shall follow the Tribunal Formation and Notification procedures outlined above.

31. The Tribunal Hearing Procedure shall be followed for the appeal.

32. The decision of the appeal Tribunal will be final

C.6: Disciplinary Measures

Any disciplinary measure imposed by the hearings tribunal and/or executive council under this policy must:

Observe any contractual and employment rules and requirements;
Conform to the principles of natural justice;
Be fair and reasonable;
Be based on the evidence and information presented;
Be within the powers of the hearings tribunal and/or executive council to impose the disciplinary measure.

Subject to contractual and employment requirements, if a finding is made that an individual has breached this policy (including the Codes of Conduct), one or more of the following forms of discipline may be imposed by the hearings tribunal and/or executive council:

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 CMAHC Australia;
A demotion or transfer of the individual to another location, role or activity
A suspension of the individual’s membership or participation or engagement in a role or activity;
Termination of the individual’s membership, appointment or engagement;
Recommend that the CMAHC Australia terminate the individual’s membership, appointment or engagement;
In the case of an instructor or official, a direction that the relevant organisation de-register the accreditation of the instructor or official for a period of time or permanently;
Any other form of discipline that the hearings tribunal and/or executive council considers appropriate.

When imposing any form of discipline, it will be accompanied by a warning that a similar breach of policy by that individual in the future may result in the imposition of a more serious form of discipline.

Factors to consider when imposing discipline:

The form of discipline to be imposed on an individual will depend on factors such as:
If the individual is a parent and/or spectator (ability to enforce a penalty may be difficult);
Nature and seriousness of the behaviour or incidents;
In a case where action is taken concurrently with or in lieu of a resolution of a formal complaint, the wishes of the complainant;
If the individual concerned knew or should have known that the behaviour was a breach of the policy;
Level of contrition of the respondent(s);
The effect of the proposed disciplinary measures on the respondent(s) including any personal, professional or financial consequences;
If there have been relevant prior warnings or disciplinary action; and/or
If there are any mitigating circumstances such that the respondent(s) shouldn’t be disciplined at all or not disciplined so seriously.

PART E: REPORTING DOCUMENTS/FORMS

To assist in consistency and accuracy in following procedure and reporting on the issues covered by CMAHC Australia’s Member Protection Policy, the following documents are to be used:

E1 Confidential Record of informal complaint – to be used by complaints officers or others who receive a complaint or allegation

E2 Confidential Record of Formal Complaint – to be used when a formal complaint is received by CMAHC Australia

E3 Confidential Record of Child Abuse Allegation – to be used by complaints officers or others who receive complaints/allegations of child abuse

E4 Record of Mediation – to be used by those who conduct a mediation

E5 Record of Tribunal Decision

General principles to be followed when completing a report of a complaint:

· Treat all complaints seriously.

· Deal with complaints promptly, sensitively and confidentially.

· Maintain a calm attitude.

· Ask the complainant if they will consent to you taking notes.

· Write the description of the complaint /problem using the complainants own words (as much as is possible).

· Find out the nature of the relationship between the complainant and the person complained about (for example, coach/competitor, team members, etc) and if there is any relevant history.

· Take a note of the facts and do not pre-judge the situation.

· Ask the complainant whether they fear victimisation or other consequences.

· Find out what outcome the complainant wants and if they need any support.

· Ask the complainant how they want to the complaint to be dealt with under the policy.

· Keep the complaint confidential and do not disclose it to another person without the complainant’s consent except if disclosure is required by law (for example, a report to government authorities) or if disclosure is necessary to effectively deal with the complaint.

E.1 CONFIDENTIAL RECORD OF INFORMAL COMPLAINT

Complaints officer Name		Date: / /
Complainant’s Name	ÿ Over 18 ÿ Under 18
Role/status in CMAHC Australia	ÿ Administrator (volunteer) ÿ Parent ÿ Student ÿ Spectator ÿ Instructor / Sub Instructor ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. …………………………………
Location/event of alleged issue
Facts as stated by complainant
Nature of complaint (category/basis/grounds) Can tick more than one box	ÿ Harassment or ÿ Discrimination ÿ Sexual/sexist ÿ Selection dispute ÿ Sexuality ÿ Personality clash ÿ Race ÿ Bullying ÿ Religion ÿ Verbal abuse ÿ Pregnancy ÿ Physical abuse ÿ Disability ÿ Victimisation ÿ Child Abuse ÿ Other …………………………………………………………………
Feelings expressed by complainant (completing this may help to separate emotional content from facts)
What they want to happen to fix issue
What information I provided
What they are going to do now

This record and any notes must be kept in a confidential place – do not enter it on a computer system. If the issue becomes a formal complaint, this record is to be sent to the executive council.

E.2 CONFIDENTIAL RECORD OF FORMAL COMPLAINT

Complainant’s Name

ÿ Over 18 ÿ Under 18

Date Formal Complaint Received: / /

Role/status in CMAHC Australia

ÿ Administrator (volunteer) ÿ Parent

ÿ Student ÿ Spectator

ÿ Instructor / Sub Instructor ÿ Support Personnel

ÿ Employee (paid) ÿ Other

ÿ Official ………………………………….

…………………………………

Name of person complained about

ÿ Over 18 ÿ Under 18

Role/status in CMAHC Australia

ÿ Administrator (volunteer) ÿ Parent

ÿ Student ÿ Spectator

ÿ Instructor / Sub Instructor ÿ Support Personnel

ÿ Employee (paid) ÿ Other

ÿ Official ………………………………….

…………………………………

Location/event of alleged issue

Description of alleged issue

Nature of complaint (basis/grounds/category)

Can tick more than one box

ÿ Harassment or ÿ Discrimination

ÿ Sexual/sexist ÿ Selection disupte

ÿ Sexuality ÿ Personality clash

ÿ Race ÿ Bullying

ÿ Religion ÿ Verbal abuse

ÿ Pregnancy ÿ Physical abuse

ÿ Disability ÿ Victimisation

ÿ Child Abuse

ÿ Other …………………………………………………………………

Methods (if any) of attempted informal resolution

Support person (if any)

Formal resolution procedures followed

(outline)

If investigated: Finding -

If went to hearing tribunal:

Decision -

Action recommended -

If mediated:

Date of mediation -

Were both parties present -

Terms of Agreement -

Any other action taken -

If went to appeals tribunal:

Decision

Action recommended

Resolution

ÿ Less than 3 months to resolve

ÿ Between 3 – 8 months to resolve

ÿ More than 8 months to resolve

Completed by

Name:

Position in CMAHC Australia:

Signature: / /

Signed by:

Complainant:

Respondent:

This record and any notes must be kept in a confidential place.

E.3 CONFIDENTIAL RECORD OF CHILD ABUSE ALLEGATION

Before completing, ensure the procedures outlined in Part C4 have been followed and advice has been sought from the relevant government agency and/or police.

Complainant’s Name (if other than the child)		Date Formal Complaint Received: / /
Role/status in CMAHC Australia
Child’s name		Age:
Child’s address
Person’s reason for suspecting abuse (e.g. observation, injury, disclosure)
Name of person complained about
Role/status in CMAHC Australia	ÿ Administrator (volunteer) ÿ Parent ÿ Student ÿ Spectator ÿ Instructor / Sub Instructor ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. …………………………………
Witnesses (if more than 3 witnesses, attach details to this form)	Name (1): Contact details: Name (2): Contact details: Name (3): Contact details:
Interim action (if any) taken (to ensure child’s safety and/or to support needs of person complained about)
Police contacted	Who: When: Advice provided:
Government agency contacted	Who: When: Advice provided:
CEO contacted	Who: When:
Police and/or government agency investigation	Finding:
Internal investigation (if any)	Finding:
Action taken
Completed by	Name: Position in CMAHC Australia: Signature: / /
Signed by	Complainant (if not a child)

This record and any notes must be kept in a confidential place and provided to the relevant authorities (police and government) should they require them.

E.4 RECORD OF MEDIATION

Present at Mediation

Date of mediation

Venue of mediation

Mediator

Summary of mediation

(minutes attached)

Outcome of mediation

Follow-up to occur (if required)

Completed by:

(signature)

Signed by:

Complainant (signature)

Respondent (signature)

The executive council is to receive a copy of this form and the original must be stored in a confidential place.

E.5 RECORD OF TRIBUNAL DECISION

Complainant’s Name		Date Formal Complaint Received: / /
Role/status in CMAHC Australia	ÿ Administrator (volunteer) ÿ Parent ÿ Student ÿ Spectator ÿ Instructor / Sub Instructor ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. …………………………………
Name of person complained about
Role/status in CMAHC Australia	ÿ Administrator (volunteer) ÿ Parent ÿ Student ÿ Spectator ÿ Instructor / Sub Instructor ÿ Support Personnel ÿ Employee (paid) ÿ Other ÿ Official …………………………………. …………………………………
Location/event of alleged issue
Description of alleged issue
Nature of complaint (basis/grounds/category)	ÿ Harassment or ÿ Discrimination ÿ Sexual/sexist ÿ Selection disupte ÿ Sexuality ÿ Personality clash ÿ Race ÿ Bullying ÿ Religion ÿ Verbal abuse ÿ Pregnancy ÿ Physical abuse ÿ Disability ÿ Victimisation ÿ Child Abuse Other …………………………………………………………………
Methods (if any) of attempted informal resolution
Support person (if any)
Tribunal Members
Tribunal Hearing Date and venue
Tribunal Decision (attach report)
Action recommended and any follow up report required
Decision Appealed Date of Appeal lodged
Appeal Hearing Date
Appeal Decision (attach report)
Action Recommended
Completed by	Name: Position in CMAHC Australia: Signature: / /
Signed by:	Complainant Respondent

1. Chinese Martial Arts and Health Centre Australia’s Core Values

Part B: CMAHC Australia’s Child Protection Requirements

C.6: Disciplinary Measures