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Member Protection Policy update

18 December 2019

Sport Australia has commenced work to transition all sector integrity functions to the new sport integrity agency – Sport Integrity Australia. In partnership with the Sports Integrity Taskforce, the Member Protection Policy (MPP) template as well as other related templates are being reviewed to ensure they address contemporary integrity issues and are aligned with Sport Integrity Australia and National Sports Tribunal legislation.

The review will be conducted in two phases:

  • Phase 1: Disputes, Complaints & Misconduct Procedure and Whistle-blower Policy (Nov 19 – Jan 20); and
  • Phase 2: Integrity Framework and MPP (Jan 20 – Mar 20).

A consultative group has been established to seek advice from cross-jurisdictional and sport industry stakeholders, including representatives from Committee of Australian Sport and Recreation Officials (CASRO), Community Sport Australia, National Sporting Organisations (NSOs) and State Sporting Organisations.

NB: NSOs that are required to update their MPP for the purpose of NSO Recognition must meet the minimum standards as set out in the Member Protection Policy Template 2016.

Phase 1: Disputes, Complaints & Misconduct Procedure and Whistle-blower Policy 

  • Provide advice relevant for sports organisations on whistle-blower protection obligations arising under Part 9.4AAA of the Corporations Act, and recommendations (including a model/template policy) on how obligations can be met;
  • Develop a single procedure for managing disputes, complaints and misconduct;
  • Comprehensive integration of the National Sports Tribunal’s dispute resolution mechanism;
  • Better management of alleged ‘serious’ breaches of ‘sport integrity policies’ and more effective handling of ‘lower level’ disputes, complaints and grievances, and alleged code of conduct breaches;
  • Dealing with vulnerable people and children under 18 years of age;
  • Ensuring that procedural responses are proportionate to the substantive issue (including with regard to the relevant level of the sport);
  • Ensuring that procedures for gathering and dealing with information comply with privacy requirements that may apply in the sporting context, and are, ultimately, directed at ensuring robust, high quality information and evidence is available to the National Sports Tribunal (or other sporting tribunal) should the matter fail to be resolved; and
  • Consider the interaction with current State/Territory ‘model rules’ dispute resolution clauses and is appropriate for use at local level sports organisations.

Phase 2: Integrity Framework and MPP

  • Develop a streamlined Integrity Framework which provides a single scope, jurisdiction, definitions and breach process for multiple national integrity policies (through sports’ federated arrangements);
  • Align the content of the MPP with the remit of Sport Integrity Australia;
  • The MPP will cover discrimination, harassment, bullying and abuse only;
  • All child safeguarding will be removed from the MPP. NSOs will be required to develop a standalone Child Safe Policy. The Sport Australia Child Safe Sport Toolkit is available to assist NSOs;
  • The MPP complaint process will be removed and a standalone procedure to manage disputes, complaints and misconduct will be developed;
  • A standalone Illicit Drugs Policy template is available; and
  • All other areas currently covered in the MPP will be removed including Codes of Behaviour. Position statements/guidelines will be developed by Sport Australia to support safe and inclusive sport.

Any queries relating to the MPP should be directed to integrity@sportaus.gov.au

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