Member Protection Policy | Chau Kaizen Prospect, Adelaide

This is the Member Protection Policy adopted by Greatness Happiness Pty Ltd, trading as Chau Kaizen. It is version 3, adopted on 11 September 2026, and it binds everyone involved with the club: coaches, staff, members, parents and guardians, volunteers and spectators. It is published here in full.

If a child is in immediate danger or a life-threatening situation, call the police on 000.

To report child abuse or neglect in South Australia, call the Child Abuse Report Line (CARL) on 13 14 78. To raise something with the club, contact Suasday Chau on 0481 859 596 or info@chaukaizen.au.

What is in this policy

Preface
Review history
PART A: MEMBER PROTECTION POLICY
1. Introduction
2. Purpose of this policy
3. Who is bound by this policy
4. Organisational responsibilities
5. Individual responsibilities
6. Position statements
7. Complaints procedures
8. What is a breach of this policy?
9. Disciplinary measures
10. Dictionary of terms
PART B: CODES OF BEHAVIOUR
PART C: EMPLOYMENT SCREENING / WORKING WITH CHILDREN ASSESSMENT REQUIREMENTS
PART D: COMPLAINT HANDLING PROCEDURES
PART E: REPORTING REQUIREMENTS AND DOCUMENTS/FORMS
What changed in version 3

Preface

Greatness Happiness Pty Ltd, trading as Chau Kaizen (in this policy, Chau Kaizen or the club), has a commitment at the highest level of our club to creating a safe, fair and inclusive sporting environment. Chau Kaizen:

seeks to prevent all forms of harassment, discrimination and abuse, and to promote positive behaviour and values
will not tolerate inappropriate or unlawful behaviour
sets out in this policy the codes of behaviour everyone associated with the club is expected to abide by
will take disciplinary action against individuals who breach this policy.

Review history

Review history of this policy.
Version	Reviewed	Adopted	Purpose
1	1 August 2016	1 August 2016	First policy
2	9 January 2024	9 January 2024	Update to Acts
3	11 September 2026	11 September 2026	Corrections, updated agencies and Acts, plain wording

Adopted by the director on behalf of Greatness Happiness Pty Ltd trading as Chau Kaizen on 11 September 2026.

Signed: …………………………………….. Suasday Chau, Director Date: ……../……../…………

PART A: MEMBER PROTECTION POLICY

1. Introduction

Our purpose is to make a positive impact and difference to the quality of our client’s life through martial arts, fitness, nutrition and lifestyle coaching.

2. Purpose of this policy

This Members Protection Policy aims to help Chau Kaizen uphold its core values and create a safe, fair and inclusive environment for everyone associated with our sport. It sets out our commitment to ensure that every person bound by the policy is treated with respect and dignity and protected from discrimination, harassment and abuse. It also seeks to ensure that everyone involved in our sport is aware of their key legal and ethical rights and responsibilities, as well as the standards of behaviour expected of them.

The attachments to this policy describe the practical steps we will take to eliminate discrimination, harassment, child abuse and other forms of inappropriate behaviour from our sport. As part of this commitment, the policy allows Chau Kaizen to take disciplinary action against any person or organisation bound by this policy if they breach the policy.

This policy has been endorsed by the Director and all the shareholders and has been incorporated into our constituent document. This policy was updated on 11 September 2026 and will operate until it is replaced.

The current policy and its attachments can be read on our website at chaukaizen.au/member-protection-policy/

3. Who is bound by this policy

This policy should apply to as many persons as possible who are involved with the activities of Chau Kaizen, whether they are in a paid or unpaid/voluntary capacity:

3.1 persons appointed or elected to the boards, committees and sub-committees
3.2 employees of Chau Kaizen;
3.3 members of the Chau Kaizen Executive;
3.4 support personnel, including managers, physiotherapists, psychologists, masseurs, sport trainers and others;
3.5 coaches and assistant coaches;
3.6 athletes;
3.7 referees, umpires and other officials;
3.8 members, including life members of Chau Kaizen;
3.9 athletes, coaches, officials and other personnel participating in events and activities, including camps and training sessions, held or sanctioned by Chau Kaizen; and
3.10 any other person to whom the policy may apply e.g. social members, spectators.

This policy will continue to apply to a person even after he or she has stopped their association or employment with Chau Kaizen, if disciplinary action against that person has begun.

4. Organisational responsibilities

Chau Kaizen must:

4.1 adopt, implement and comply with this policy
4.2 ensure that this policy is enforceable
4.3 publish, distribute and promote this policy and the consequences of any breaches of the policy
4.4 promote and model appropriate standards of behaviour at all times
4.5 deal with any complaints made under this policy in an appropriate manner
4.6 deal with any breaches of this policy in an appropriate manner
4.7 recognise and enforce any penalty imposed under this policy
4.8 ensure that a copy of this policy is available or accessible to all people and organisations to whom this policy applies
4.9 use appropriately trained people to receive and manage complaints and allegations of inappropriate behaviour directly to the Directors of Chau Kaizen
4.10 monitor and review this policy at least annually.

5. Individual responsibilities

Individuals bound by this policy must:

5.1 make themselves aware of the contents of this policy;
5.2 comply with all relevant provisions of the policy, including any codes of conduct and the steps for making a complaint or reporting possible child abuse set out in this policy ;
5.3 consent to the screening requirements set out in this policy, and abides by the SA requirement for a Working with Children Check to be conducted if the person holds or applies for a role that involves regular unsupervised contact with a child or young person under the age of 18 or where otherwise required by law;
5.4 place the safety and welfare of children above other considerations;
5.5 be accountable for their behaviour: and,
5.6 comply with any decisions and/or disciplinary measures imposed under this policy.

6. Position statements

6.1 Child protection

The compliance statement is lodged with the Chief Executive, Department of Human Services under section 114(3) of the Children and Young People (Safety) Act 2017.

The director, Suasday Chau, has lodged a compliance statement with the Department Human Services, Child Safe environments to acknowledge that we are aware of our obligations to create and maintain a child safe environment according to the requirements under the obligation of the Children and Young People (Safety) Act 2017 and the Child Safety (Prohibited Persons) Act 2016. The director, Suasday Chau, has lodged this statement on behalf of Chau Kaizen; If you are not sure of your status regarding this contact the Director (if applicable) and/or the Department for Child Protection on 13 14 78.

Chau Kaizen is committed to the safety and well-being of all children and young people who participate in our sport or

access our services. We support the rights of the child and will act at all times to ensure that a child-safe environment is maintained.

We acknowledge the valuable contribution made by our staff, members and volunteers and we encourage their active participation in providing a safe, fair and inclusive environment for all participants.

6.1.1 Identify and analyse risk of harm

We will develop and implement a risk management strategy, including a review of our existing child protection practices, to determine how child-safe our organisation is and to identify any additional steps we can take to minimise and prevent the risk of harm to children because of the actions of an employee, volunteer or another person.

6.1.2 Develop codes of behaviour

We will develop and promote a code of behaviour that sets out the conduct we expect of adults when they deal and interact with children involved in our sport, especially those in our care. We will also implement a code of behaviour to promote appropriate conduct between children.

These codes will clearly describe professional boundaries, ethical behaviour and unacceptable behaviour. (Refer to the attachments in Part B of this policy.)

6.1.3 Choose suitable employees and volunteers

We will take all reasonable steps to ensure that our organisation engages suitable and appropriate people to work with children, especially those in positions that involve regular unsupervised contact with children. This will include using a range of screening measures.

We will ensure that Working with Children Checks are conducted for all employees and volunteers who work with children, where an assessment is required by law. If a criminal history report is obtained as part of their screening process, we will handle this information confidentially and in accordance with the Standards1. (Refer to the attachments in Part C of this policy.)

6.1.4 Support, train, supervise and enhance performance

We will ensure that all our employees and volunteers who work with children have ongoing supervision, support and training. Our goal is to develop their skills and capacity and to enhance their performance so we can maintain a child-safe environment in our sport. We will appoint a child safe officer to support this statement. (recommend online training on www.playbytherules.net.au in Child protection and Harassment and discrimination)

6.1.5 Empower and promote the participation of children

We will encourage children and young people to be involved in developing and maintaining a child-safe environment for our sport.

6.1.6 Report and respond appropriately to suspected abuse and neglect

We will ensure that all our employees and volunteers are able to identify and respond appropriately to children at risk of harm and that they are aware of their responsibilities to make a report if they suspect on reasonable grounds that a child has been, or is being, abused or neglected. (Refer to the attachments in Part E of this policy.)

Child Safe Environments: Standards for dealing with information obtained about a person’s criminal history as part of a Working with Children Check Issued by the Chief Executive DECD Feb. 2015

Further, if any person believes that another person or organisation bound by this policy is acting inappropriately towards a child, or is in breach of this policy, he or she may make an internal complaint to us. (Refer to the attachments in Part D of this policy.)

6.1.7 Manage appropriately any allegation of misconduct towards children

We will treat any allegations of child abuse or neglect towards children participating in activities associated with our organisation responsibly and sensitively. This will include providing support for the alleged victim and their family and ensuring natural justice is provided for the alleged offender.

www.childprotection.sa.gov.au/reporting-child-abuse

6.2 Taking images of children

There is a risk that Images of children may be used inappropriately or illegally. Chau Kaizen 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. They should also make sure the parent/guardian understands how the image will be used.

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

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

We will only use images of children that are relevant to our sport and we will ensure that they are suitably clothed in a manner that promotes participation in the sport. We will seek permission from the parents/guardians of the children before using the images.

6.3 Anti-discrimination and harassment

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

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

6.3.1 Discrimination

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

The personal characteristics protected by anti-discrimination laws include attributes such as race, age, disability, gender and race. The full list of protected personal characteristics is in the “Definitions” set out in the Dictionary of Terms.

Discrimination can be either direct or indirect.

Direct discrimination occurs if a person treats, or proposes to treat, a person with a protected personal characteristic unfavourably because of that personal characteristic.
Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice that will disadvantage a person with a protected personal characteristic and that requirement, condition or practice is not reasonable.

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

6.3.2 Harassment

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

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

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

6.3.3 Prohibition against discrimination and harassment

We prohibit all forms of harassment and discrimination based on the personal characteristics listed in the “Definitions” set out in the Dictionary of Terms [see clause 10].

Any person who believes they are being, or have been, harassed or discriminated against by another person or organisation bound by this policy is encouraged to raise their concerns with us. A person may make an internal complaint, and in some circumstances, they may also be able to make a complaint to an external organisation. (Refer to the attachments in Part D of this policy.)

6.4 Intimate relationships

Chau Kaizen understands that consensual intimate relationships (including, but not limited to sexual relationships) between coaches or officials and adult athletes may take place legally. However, this policy will help ensure that the expectations of coaches or officials are clear and, to ensure that if an intimate relationship does exist or develop between a coach or official and an adult athlete, that relationship will be managed in an appropriate manner.

Coaches and officials are required to conduct themselves in a professional and appropriate manner in all interactions with athletes. In particular, they must ensure that they treat athletes in a respectful and fair manner, and that they do not engage in sexual harassment, bullying, favouritism or exploitation.

We take the position that consensual intimate relationships between coaches or officials and the adult athletes they coach should be avoided as they can have harmful effects on the athlete involved, on other athletes and coaches and on the sport’s public image. These relationships can also be perceived to be exploitative due to the differences in authority,

power, maturity, status, influence and dependence between the coach or official and the athlete.

We recommend that if an athlete attempts to initiate an intimate relationship with a coach or official, the coach or official should discourage the athlete’s approach and explain to the athlete why such a relationship is not appropriate.

If a consensual intimate relationship does exist or develop between an adult athlete and a coach or official, the coach or official is expected to ensure that the relationship is appropriate and that it does not compromise impartiality, professional standards or the relationship of trust the coach or official has with the athlete and/or other athletes.

In assessing the appropriateness of an intimate relationship between a coach or official and an adult athlete, relevant factors include, but are not limited to:

the relative age and social maturity of the athlete;
any potential vulnerability of the athlete;
any financial and/or emotional dependence of the athlete on the coach or official;
the ability of the coach or official to influence the progress, outcomes or progression of the athlete’s performance and/or career;
the extent of power imbalance between the athlete and coach or official; and the likelihood of the relationship having an adverse impact on the athlete and/or other athletes.

It will often be difficult for a coach or official involved in an intimate relationship with an adult athlete to make an objective assessment of its appropriateness and accordingly they are encouraged to seek advice from the director, Suasday Chau, ensure that they have not involved themselves in inappropriate or unprofessional conduct.

If it is determined that an intimate relationship between a coach or official and an adult athlete is inappropriate or unprofessional we may take disciplinary action against the coach or official up to and including dismissal. Action may also be taken to stop the coaching relationship with the athlete. This could include a transfer, a request for resignation or dismissal from coaching duties.

If a coach, official or athlete believes they are being, or have been, harassed they are encouraged to seek information and support from the director, Suasday Chau. Our complaints procedure is outlined in Part D of this policy.

6.5 Pregnancy

Chau Kaizen is committed to treating pregnant women fairly and to removing any unreasonable barriers to their full participation in our sport. We will not tolerate any discrimination or harassment against pregnant women.

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

We encourage all pregnant women to talk with their medical advisers, make themselves aware of the facts about pregnancy in sport and ensure that they make informed decisions about their participation in our sport. Pregnant women should make these decisions themselves, in consultation with their medical advisers and in discussion with Chau Kaizen.

We will only require pregnant women to sign a disclaimer in relation to their participation in our sport whilst they are pregnant if all other participants are required to sign one in similar circumstances. We will not require women to undertake a pregnancy test.

If a pregnant woman believes she is being, or has been, harassed or discriminated against by another person or organisation bound by this Policy, she may make a complaint. (Refer to the attachments in Part D of this policy.)

6.6 Gender identity

Gender identity means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person. This includes the way people express or present their gender and recognises that a person’s gender identity may be an identity other than male or female. Some terms used to describe a person’s gender identity include trans, transgender and gender diverse.

6.6.1 Gender identity discrimination and harassment

Federal, state and territory anti-discrimination laws provide protection from discrimination against people on the basis of their gender identity. (See definition in Dictionary of terms).

Chau Kaizen is committed to providing a safe, fair and inclusive sporting environment all where people can contribute and participate. We will not tolerate any unlawful discrimination or harassment of a person because of their gender identity.

All persons, regardless of gender identity, are entitled to be treated fairly and with dignity and respect at all times. We will not tolerate any unlawful discrimination or harassment of a person because of their gender identity. This includes discrimination or harassment of a person who is transgender or transsexual, who is assumed to be transgender or transsexual or has an association with someone who has or is assumed to be transgender or transsexual. (Refer to the attachments in Part D of this policy.)

We expect all people bound by this policy to act with sensitivity when a person is undergoing gender transition/affirmation.

If any person believes that they are being, or have been, harassed or discriminated against by another person or organisation bound by this policy because of their gender identity, they may make a complaint.

6.6.2 Participation in sport

Chau Kaizen recognises that excluding people from participating in sporting events and activities because of their gender identity may have significant implications for their health, wellbeing and involvement in community life. We are committed to l supporting participation in our sport on the basis of the gender with which a person identifies.

If issues of performance advantage arise, we will consider whether the established discrimination exceptions for participation in sport are relevant in the circumstances. Discrimination is unlawful unless an exception applies.

6.6.3. Intersex status

Federal anti-discrimination law, and some state and territory anti-discrimination laws, provide protection from discrimination against a person on the basis of their intersex status. (See Dictionary of terms).

Chau Kaizen is committed to providing a safe, fair and inclusive sporting environment where all people can contribute and participate. We will not tolerate any unlawful discrimination or harassment of a person because of their intersex status.

6.7 Responsible service and consumption of alcohol

Chau Kaizen is committed to conducting sporting and social events in a manner that promotes the responsible service and consumption of alcohol. We also recommend that state associations and member clubs follow strict guidelines regarding the service and consumption of alcohol.

In general, our policy is that:

alcohol should not be available or consumed at sporting events involving children and young people under the age of 18;
alcohol-free social events be provided for young people and families;
food and low-alcohol and non-alcoholic drinks be available at events we hold or endorse where alcohol is served;
a staff member is present at events we hold or endorse where alcohol is served to ensure appropriate practices in respect of the consumption of alcohol are followed;
safe transport options be promoted as part of any event we hold or endorse where alcohol is served.

[Further guidance on developing an Alcohol Policy is available at: www.playbytherules.net.au/resources/club-toolkit.]

6.8 Smoke-free environment

Chau Kaizen is committed to providing a safe and healthy environment at all sporting and social events that we hold or endorse.

In general, our policy is that:

no smoking shall occur at or near sporting events involving children and young people under the age of 18. This policy shall apply to coaches, players, trainers, officials and volunteers;
social events shall be smoke-free, with smoking permitted at designated outdoor smoking areas; and
coaches, officials, trainers, volunteers and players will refrain from smoking while they are involved in an official capacity in our sport, both on and off the field.

6.9 Bullying

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

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

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

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

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

Bullying includes cyber-bulling which occurs through the use of technology. New technologies and communication tools, such as smart phones and social networking websites, have greatly increased the potential for people to be bullied though unwanted and inappropriate comments. Chau Kaizen will not tolerate abusive, discriminatory, intimidating or offensive statements being made online. Frustration at a referee, teammate, coach or sporting body should never be communicated on social networking websites. These issues should instead be addressed – in a written or verbal statement or a complaint – to the relevant controlling club, league or peak sporting body.

If any person believes they are being, or have been, bullied by another person or organisation bound by this policy, he or she may make a complaint. (Refer to the attachments in Part D of this policy.)

6.10 Social networking

Chau Kaizen acknowledges the enormous value of social networking to promote our sport and celebrate the achievements and success of the people involved in our sport.

Social networking refers to any interactive website or technology that enables people to communicate and/or share content via the internet. This includes social networking websites such as Facebook and Twitter.

We expect all people bound by this policy to conduct themselves appropriately when using social networking sites to share information related to our sport.

In particular, social media activity including, but not limited to, postings, blogs, status updates, and tweets:

must not contain material which is, or has the potential to be, offensive, aggressive, defamatory, threatening, discriminatory, obscene, profane, harassing, embarrassing, intimidating, sexually explicit, bullying, hateful, racist, sexist or otherwise inappropriate;
must not contain material which is inaccurate, misleading or fraudulent;
must not contain material which is in breach of laws, court orders, undertakings or contracts;
should respect and maintain the privacy of others; and
should promote the sport in a positive way.

Further guidance on developing a Communications Policy is available at: https://www.playbytherules.net.au/resources

7. Complaints procedures

7.1 Handling complaints

Chau Kaizen aims to provide a simple, confidential and trustworthy procedure for resolving complaints based on the principles of procedural fairness.

Any person (a complainant) may report a complaint about a person, people or organisation bound by this policy (respondent) if they feel they have been discriminated against, harassed, bullied or there has been any other breach of this policy.

In the first instance, complaints should be reported to the either director, Suasday Chau,

If a complaint relates to behaviour or an incident that occurred at the:

club level, or involves people operating at the club level, then the complaint should be reported to and handled by the relevant club in the first instance.

A complaint may be handled informally or formally. The complainant may indicate his or her preferred option and the director, Suasday Chau should consider whether that is an appropriate way to handle the particular complaint.. For example, the law may require that the complaint/allegation be reported to an appropriate authority.

All complaints will be dealt with promptly, seriously, sensitively and confidentially. Our procedures for handling and resolving complaints are outlined in Attachment [D1].

Individuals and organisations may also seek to have their complaint handled by an external agency under anti-discrimination, child protection, criminal or other relevant legislation.

7.2 Improper complaints and victimisation

Chau Kaizen aims to ensure that our complaints procedure has integrity and is free of unfair repercussions or victimisation against any person making a complaint.

We will take all necessary steps to make sure that people involved in a complaint are not victimised. Disciplinary measures may be undertaken in respect of a person who harasses or victimises another person for making a complaint or supporting another person’s complaint.

If at any point in the complaint handling process that the director, Suasday Chau considers that a complainant has knowingly made an untrue complaint, or the complaint is malicious or inappropriately intended to cause distress to the respondent, the matter may be referred in writing to the coach for review and appropriate action, including possible disciplinary action against the complainant.

7.3 Mediation

Chau Kaizen aims to resolve complaints quickly and fairly. Complaints may be resolved by agreement between the people involved with no need for disciplinary action.

Mediation is a confidential process that allows those involved in a complaint to discuss the issues or incident in question and come up with mutually agreed solutions. It 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 director, Suasday Chau will, in consultation with the complainant, arrange for an independent mediator where possible. We will not allow lawyers to participate in the mediation process.

More information on the mediation process is outlined in Attachment [D2].

7.4 Tribunals

In accordance with Chau Kaizen rules a Tribunal may be convened to hear a proceeding:

referred to it by the director, Suasday Chau
for an alleged breach of this policy.

Our Tribunal procedure is outlined in Attachment [D4].

A respondent may lodge an appeal 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 Attachment [D4].

Every organisation bound by this policy will recognise and enforce any decision of a Tribunal or Appeal Tribunal under this policy.

8. What is a breach of this policy?

It is a breach of this policy for any person or organisation bound by this policy to do anything contrary to this policy, including but not limited to:

8.1 breaching the codes of behaviour (see Part B of this policy);
8.2 bringing the club into disrepute, or acting in a manner likely to bring the club into disrepute;
8.3 failing to follow Chau Kaizen policies (including this policy) and our procedures for the protection, safety and well-being of children;
8.4 discriminating against, harassing or bullying (including cyber-bullying) any person;
8.5 victimising another person for making or supporting a complaint;
8.6 engaging in an inappropriate intimate relationship with a person that he or she supervises, or has influence, authority or power over;
8.7 verbally or physically assaulting another person, intimidating another person or creating a hostile environment within the sport;
8.8 disclosing to any unauthorised person or organisation any Chau Kaizen information that is of a private, confidential or privileged nature;
8.9 making a complaint that they know to be untrue, vexatious, malicious or improper;
8.10 failing to comply with a penalty imposed after a finding that the individual or organisation has breached this policy; and
8.11 failing to comply with a direction given to the individual or organisation as part of a disciplinary process.

9. Disciplinary measures

Chau Kaizen may impose disciplinary measures on an individual or organisation for a breach of this policy.

Any disciplinary measure imposed will be:

fair and reasonable;
applied consistent with any contractual and employment rules and requirements;
be based on the evidence and information presented and the seriousness of the breach; and
be determined in accordance with our constituent documents, by-laws, this policy and/or the rules of the sport.

9.1 Individuals

Subject to contractual and employment requirements, if a finding is made by a Tribunal that an individual has breached this policy, one or more of the following forms of discipline may be imposed.

9.1.1 a direction that the individual make a verbal and/or written apology;
9.1.2 a written warning;
9.1.3 a direction that the individual attend counselling to address their behaviour;
9.1.4 a withdrawal of any awards, scholarships, placings, records, achievements bestowed in any tournaments, activities or events held or sanctioned by Chau Kaizen;
9.1.5 a demotion or transfer of the individual to another location, role or activity;
9.1.6 a suspension of the individual’s membership or participation or engagement in a role or activity;
9.1.7 termination of the individual’s membership, appointment or engagement;
9.1.8 a recommendation that Chau Kaizen terminate the individual’s membership, appointment or engagement;
9.1.9 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;
9.1.10 a fine;
9.1.11 any other form of discipline that the director, Suasday Chau considers appropriate.

9.2 Factors to consider

The form of discipline to be imposed on an individual or organisation will depend on factors, such as:

the nature and seriousness of the breach
if the person knew, or should have known, that the behaviour was a breach of the policy
the person’s level of contrition
the effect of the proposed disciplinary measures on the person, including any personal, professional or financial consequences
if there have been any relevant prior warnings or disciplinary action
the ability to enforce disciplinary measures if the person is a parent or spectator (even if they are bound by the policy)
any other mitigating circumstances.

10. Dictionary of terms

This Dictionary sets out the meaning of words used in this policy and its attachments, without limiting the ordinary and natural meaning of the words. Further detail or definitions that are specific to different states and territories can be sourced from the relevant child protection authorities or equal opportunity and anti-discrimination commissions.

Abuse is the violation of an individual’s human or civil rights through the act or actions of another person or persons. Types of abuse include physical abuse, psychological or emotional abuse, sexual abuse, constraints and restrictive practices, financial abuse, legal or civil abuse and systemic abuse. Affiliated club means any other branded CHAU KAIZEN club. Child means a person who is under the age of 18. Child abuse involves conduct which puts a child at risk of harm and may include:

physical abuse, which occurs when a child has suffered, or is at risk of suffering, non-accidental physical trauma or injury. This may include, but is not limited to, hitting, shaking or other physical harm; giving a child alcohol or drugs; or training that exceeds the child’s development or maturity.
sexual abuse, which occurs when an adult, other child, or adolescent uses their power or authority to involve a child in a sexual activity or 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, which occurs when a child’s social, emotional, cognitive or intellectual development is impaired or threatened. Emotional abuse can include, but is not limited to, emotional deprivation due to persistent rejection or criticism, hostility, teasing/bullying, humiliation, taunting, sarcasm, yelling, name-calling or placing unrealistic expectations on a child.
neglect, which occurs when a child’s basic necessities of life are not met and their health and development are affected. Basic needs include food, water, shelter, adequate clothing, personal hygiene, timely provision of medical treatment and adequate supervision.

Child Safe Officer means the person appointed by the club to assist with maintaining a child safe environment. Training is available https://dhs.sa.gov.au/how-we-help/child-and-family-support-system-cfss/child-safe-environments/training-safe-environments

Complaint means a complaint made under clause [7] of this policy

Complainant means the person making a complaint.

Complaint handler/manager means the person appointed under this policy to investigate a complaint. Online training for complaint handlers can be accessed through www.playbytherules.net.au

Discrimination occurs when someone is treated (or is proposed to be treated) unfairly or less favourably than another person in the same or similar circumstances because of one of the personal characteristics covered by anti-discrimination laws. This is known as direct discrimination. Indirect discrimination occurs when there is (or is proposed) an unreasonable requirement, condition or practice that seems to treat everyone equally, but which has or is likely to have the effect of disadvantaging persons with a personal characteristic covered by anti-discrimination laws.

In Australia, it is against the law to discriminate against someone because of:

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

Examples of discrimination are available on the Play by the Rules website: www.playbytherules.net.au/legal-stuff/discrimination

Some exceptions to state, territory and federal anti-discrimination law apply, including exceptions for sporting activities, such as:

holding a competitive sporting activity for a specific age or age group (e.g. only those who are under the age of 15 years);
excluding people on the basis of their ‘excluding people on the basis of their sex and/or gender identity status from participation in a competitive sporting activity where the strength, stamina or physique of competitors is relevant to the specific activity (note that this does not apply to activity by children who are under the age of 12 years); and
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.

Harassment is any type of unwelcome behaviour which has the effect of offending, humiliating or intimidating the person harassed. Unlawful harassment can be based on any of the personal characteristics covered by anti-discrimination law, such as a person’s race, sex, pregnancy, marital status or sexual orientation (see the list under “Discrimination”).

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 people on other grounds such as homosexuality, gender identity, HIV/AIDS, religion and disability (see also “Vilification”).

Member means paying client.

Procedural fairness requires that:

the respondent knows the full details of what is being said against him or her and they have the opportunity to respond;
no person may judge their own case; and
the decision-maker(s) must be unbiased, fair and just.

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

Policy, policy and this policy means this Member Protection Policy.

Respondent means the person whose behaviour is the subject of the complaint.

Role-specific codes of conduct (or behaviour) means standards of conduct required of people holding certain roles in our organisation (e.g. coaches, officials, umpires).

Sexual harassment means unwelcome behaviour of a sexual nature which could reasonably be expected to make a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include unwelcome physical contact, verbal comments, jokes, propositions, displays of pornographic or offensive material or other behaviour that creates a sexually hostile environment. Sexual harassment does not have to be intentional.

Sexual offence means a criminal offence involving sexual activity or acts of indecency. Because of differences under state and territory laws, this can include but is not limited to:

rape
indecent assault
sexual assault
assault with intent to commit sexual acts
incest
sexual penetration of child under the age of 16 years
indecent act with child under the age of 16 years
sexual relationship with child under the age of 16 years
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 years
bestiality
soliciting a child under the age of 16 years to take part in an act of sexual penetration, or an indecent act
promoting or engaging in acts of child prostitution
obtaining benefits from child prostitution
possession of child pornography
publishing child pornography and indecent articles.

Transgender ‘Transgender’ is an umbrella term that refers to a person whose gender identity is different to their physical sex as recorded at birth. Transitioning refers to the process where a transgender person commences living as a member of another sex. This is sometimes referred to as the person ‘affirming’ their gender because transitioning means they start living in what they identify as their true gender. For people who are transitioning/affirming their gender, having their identity fully recognised in all areas of life is a crucial part of the experience of living as their affirmed gender.

Sexual orientation: The term ‘sexual orientation’ refers to a person’s emotional or sexual attraction to another person, including, amongst others, the following identities: heterosexual, gay, lesbian, bisexual, pansexual, asexual or same-sex attracted.

Gender identity: The term ‘gender identity’ refers to a person’s deeply held internal and individual sense of gender.

Gender expression: The term ‘gender expression’ refers to the way in which a person externally expresses their gender or how they are perceived by others.

Intersex: The term ‘intersex’ refers to people who have genetic, hormonal or physical characteristics that are not exclusively ‘male’ or ‘female’. A person who is intersex may identify as male, female, intersex or as being of indeterminate sex.

Victimisation means treating someone unfairly or unfavorably, or threatening to do so, because that person has, or intends to, pursue their right to make any complaint, including a complaint under government legislation (e.g. anti-discrimination legislation) or under this policy, or for supporting another person to make complaint.

Vilification means behaviour that occurs in public which incites hatred towards, serious contempt for, or revulsion or severe ridicule of a person or group of people because that person or persons have a particular personal characteristic. Anti-discrimination laws in Australia make it unlawful to vilify a person or group of persons on the basis of race, religion, homosexuality, transgender status and HIV/AIDS status.

PART B: CODES OF BEHAVIOUR

We seek to provide a safe, fair and inclusive environment for everyone involved in our organisation and in our sport.

To achieve this, we require certain standards of behaviour by players/athletes, coaches, officials, administrators, parents/guardians (of child participants) and spectators.

Our codes of behaviour are underpinned by the following core values.

To act within the rules and spirit of our sport.
To display respect and courtesy towards everyone involved in our sport and prevent discrimination and harassment.
To prioritise the safety and well-being of children and young people involved in our sport.
To encourage and support opportunities for participation in all aspects of our sport.

Codes of behaviour are not binding on non-members, such as parent/guardians and spectators, unless they have signed the code or another document in which they agree to be bound by the code.

PART C: EMPLOYMENT SCREENING / WORKING WITH CHILDREN ASSESSMENT REQUIREMENTS

We are committed to providing a safe environment for children. As part of this, we will recruit staff and volunteers who do not pose a risk to children.

Employment screening and Working with Children Checks for working with children can involve criminal history checks, signed declarations, referee checks and other appropriate checks that assess a person’s suitability to work with children and young people.

Chau Kaizen, will meet the requirements of Section 8C, Children and Young People (Safety) Act 2017, and the Child Safety (Prohibited Person) Act 2016.

Individuals travelling with children and young people to another state or territory in a work-related capacity must comply with the screening requirements of that particular state or territory.

Working with Children Check laws are currently in place in New South Wales, Queensland, Western Australia, Victoria, the Northern Territory, the Australian Capital Territory, and South Australia. Working with Children Check laws are currently being introduced in Tasmania.

ATTACHMENTS

Attachment C1: Member Protection Declaration
Attachment C2: Working with Children Checks

PART D: COMPLAINT HANDLING PROCEDURES

We will deal with all complaints in a fair, timely and transparent manner. All complaints will be treated seriously.

We will provide individuals with a formal and informal process to resolve the matter, along with access to an external complaint handling body, based on the nature of the complaint and our rules and regulations.

We also provide an appeals process for those matters.

We will maintain confidentiality where possible and as provided in this policy and seek to ensure that no one is victimised for making, supporting or providing information about a complaint.

ATTACHMENTS

Attachment D1: Complaints procedure
Attachment D2: Mediation
Attachment D3: Investigation process
Attachment D4: Tribunal procedures
Attachment D5: PBTR Complaint Flow Chart

PART E: REPORTING REQUIREMENTS AND DOCUMENTS/FORMS

We will ensure that all the complaints we receive, both formal and informal, are properly documented. This includes recording how the complaint was resolved and the outcome of the complaint.

This information, and any additional records and notes, will be treated confidentially (subject to disclosure required by law or permitted under this policy) and stored in a secure place.

We will treat any allegation of child abuse or neglect promptly, seriously and with a high degree of sensitivity.

We will ensure that everyone who works with our organisation in a paid or unpaid capacity understands how to appropriately receive and record allegations of child abuse and neglect and how to report those allegations to the relevant authorities in their state or territory.

ATTACHMENTS

Attachment E1: Record of informal complaint
Attachment E2: Record of formal complaint
Attachment E3: Procedure for handling allegations of child abuse
Attachment E4: Reporting child abuse and neglect

Attachment C1: Member protection declaration

Chau Kaizen has a duty of care to all those associated with our organisation and to the individuals and organisations to whom this policy applies. It is a requirement of our Member Protection Policy that we check the background of each person who works, coaches or has regular unsupervised contact with children and young people under the age of 18 years.

I ……………………………………………………….. (name) of ………………………………….

.……………………………………………………………….. (address) born ……/……/……………

sincerely declare:

1. I do not have any criminal charge pending before the courts.
2. I do not have any criminal convictions or findings of guilt for sexual offences, offences related to children or acts of violence.
3. I have not had any disciplinary proceedings brought against me by an employer, sporting organisation or similar body involving child abuse, sexual misconduct or harassment, other forms of harassment or acts of violence.
4. I am not currently serving a sanction for an anti-doping rule violation under an Australian Sports Anti-Doping Authority (ASADA) approved anti-doping policy applicable to me.
5. I will not participate in, facilitate or encourage any practice prohibited by the World Anti-Doping Agency Code or any other ASADA approved anti-doping policy applicable to me.
6. To my knowledge, there is no other matter that Chau Kaizen may consider to constitute a risk to its members, employees, volunteers, athletes or reputation by engaging me.
7. I will notify the director, Suasday Chau, of the organisation engaging me immediately upon becoming aware that any matter set out above has changed.

Declared in the state/territory of ……………………………………….………………………….

on ………/……./……….(date) Signature …………………………………………………………. Consent of parent/guardian (on behalf of a person under the age of 18 years)

I have read and understood the declaration provided by my child. I confirm and warrant that the contents of the declaration provided by my child are true and correct in every particular.

Name: ……………………………………………….…….

Signature: …………………………………………………

Date: ………………………………………. …………….

Attachment C2: Working with Children Checks

Assessments for working with children support a child-safe environment and assist to protect children and young people involved in our sport from physical and sexual harm.

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

criminal history checks;
signed declarations;
referee checks; and
other relevant background checks to assess a person’s suitability to work with children and young people.

Chau Kaizen requires all persons who are engaged in a “prescribed position” to undergo a Working with Children Check according to the South Australian Child Safety (Prohibited Persons) Act 2016. This assessment must be completed every five (5) years or once the criminal history information (eg WWCC or police check) used to conduct the assessment is more than 5 years old.

A person performs a prescribed position if they:

have regular contact with children and are not directly supervised at all times
work in close proximity to children on a regular basis and are not directly supervised at all times
supervise or manage persons who:

i. have regular contact with children ii. work in close proximity to children on a regular basis iii. have access to prescribed records relating to children (ie in connection with child protection services, education services, health services, disability services and court orders and proceedings) iv. undertake functions of a type prescribed by regulation (currently overnight care).

Conducting Working with Children Checks

1. A Working with Children Check may be an assessment of a current (less than 3 years) National Police Record Check conducted by a nominated responsible person within the organisation. www.police.sa.gov.au/services-and-events/apply-for-a-police-record-check

The organisation will conduct its own assessment of a person’s relevant history on the basis of:

the person’s criminal history (if any) as recorded on the persons national police check,
any information provided by the person for the purpose of the assessment
the Child Safe Environments: Standards for dealing with information obtained about a person’s criminal history as part of a Working with Children Check.

In the majority of cases, a person will have no criminal history. In these cases, the assessment is successfully completed. This outcome should be documented and no further action in respect to an assessment is required. The assessment will be undertaken by Suasday Chau, who will sight the original police check and return this document on completion of the assessment. We will not copy this information.

2. Alternatively the organisation may request or can accept a current (less than 3 years) Child related employment screening conducted by the Department for Communities and Social Inclusion (DCSI) Screening Unit. A Working with Children Check conducted by the DCSI Screening Unit incorporates a broader range of information than an assessment conducted by an organisation alone. http://www.dcsi.sa.gov.au/services/screening
3. Organisations may accept the following forms of evidence to assess whether a person may pose a risk to the safety of children if appointed to or engaged to act in a child-related position, provided the information was obtained within the last three years:

A National Police Certificate that does not expressly state that it cannot be used as a clearance to work with children
A certificate of clearance from the DCSI Screening Unit or a valid registration document from the Teachers Registration Board
A current interstate working with children check.

Organisations will need to decide whether it will accept these types of evidence and communicate the decision to all members of the organisation.

All assessments must be conducted and managed according to the Standards published by the Department for Education and Child Development (DECD) Child safe environments: Standards for dealing with information obtained about a person’s criminal history as part of a Working with Children Check

Attachment D1: Complaints procedure

Chau Kaizen is committed to supporting people associated with our sport to make and resolve any complaints they may have in a fair, timely and effective way.

We will endeavour to deal with complaints on a confidential basis. We will not provide information about the complaint to another person without the complainant’s consent, except if the law requires us disclose this information or it is necessary to properly deal with the complaint. To ensure fairness for everyone involved, we will provide the full details of the complaint to the person or people against whom the complaint has been made and ask for their response. As a result, it may be difficult for us to resolve complaints made anonymously.

We will provide informal and formal procedures to deal with complaints. Individuals and organisations can also make complaints to external organisations under anti-discrimination, child protection and other relevant laws.

Informal approaches

Step 1: Talk with the other person (if safe, reasonable and appropriate)

If you feel confident and comfortable to do so, you can approach the other person to discuss the issues and try and resolve the problem directly.

Step 2: Contact the Director

We encourage you to talk with the director, Suasday Chau if:

step 1 (above) is not appropriate;
you are not sure how to handle the problem by yourself;
you want to talk confidentially with someone and find out what options are available to address your concern; or
the concern continues after you approached the other person.

The name and contact details for director, Suasday Chau are available at chaukaizen.au

The director, Suasday Chau will:

ask how you would like your concern to be resolved and if you need support
seek to provide different options for you to address your concern
act as a support person, if you wish
refer you to an appropriate person (e.g. a mediator) to help you address your concern, if appropriate
inform the relevant government authorities and/or police, if required by law to do so
where possible and appropriate, maintain confidentiality.

If the complaint is against a director or the organisation itself we will arrange for an independent complaints manager to assist with this process

Step 3: Decide how to address your concern

After talking with the director, Suasday Chau or nominated complaints manager you may decide:

there is no problem;
the problem is minor and you do not wish to take the matter forward;
to try and resolve the problem yourself, with or without a support person;
to resolve the problem with the help of someone impartial, such as a mediator; or
to resolve the matter through a formal process.

Formal approaches

Step 4: Making a formal complaint

If it is not possible or appropriate to resolve your complaint through an informal process, you may:

make a formal complaint in writing to the director, Suasday Chau, or in the case of a conflict of interest a nominated independent person
approach a relevant external agency, such as an anti-discrimination or equal opportunity commission, for advice and assistance.

After receiving a formal complaint, and based on the material you provide, the director, Suasday Chau or a nominated independent person will decide whether:

he or she is the most appropriate person to receive and handle the complaint;
the nature and seriousness of the complaint requires a formal resolution procedure;
to refer the complaint to mediation;
to appoint a person to investigate the complaint;
to refer the complaint to a club tribunal hearing;
contact the MPIO / director, Suasday Chau for advice
refer the complaint to the MPIO / director, Suasday Chau
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 is completed.

In dealing with your formal complaint, the Director or nominated independent person will take into account:

whether he or she has had any personal involvement in the circumstances and if so, whether it is appropriate someone else should handle the complaint;
your wishes, and the wishes of the respondent, regarding how the complaint should be handled;
the relationship between you and the respondent (e.g. 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 might face further unacceptable behaviour while the complaint process is underway.

If either of the Director or a nominated independent person is deemed the appropriate person to handle the complaint, he or she will, where appropriate and/or necessary:

provide the information received from you to the other person(s) involved and ask for a response;
decide if there is enough information to determine whether the matter alleged in your complaint did or did not occur; and/or
determine what, if any, further action to take, including referring the matter for investigation or disciplinary action in accordance with this policy.

Step 5: Investigating the complaint

In some cases, an investigation may be required to determine the facts surrounding the complaint. Our investigations procedure is outlined in [Attachment D3].

Following the investigation, a written report will be provided to the appropriate authorities.

If the complaint is referred to mediation, we will follow the steps outlined in [Attachment D2] or as agreed by you, the respondent and the mediator.
If the complaint is referred to a tribunal hearing, the hearing will be conducted according to the steps outlined in [Attachment D4].
If the complaint is referred to the police or another external agency, we will endeavour to provide all reasonable assistance required by the police or the agency.

Any costs incurred by us relating to the complaint process set out in this policy (e.g. investigation, mediation and/or a tribunal hearing) are to be met by Chau Kaizen, unless otherwise stated.

Step 6: Reconsidering a complaint or appealing a decision

If the matter is referred to mediation and is not resolved at mediation, you may request that the Directors or nominated independent person reconsider the complaint in accordance with Step 3.

In accordance with Chau Kaizen rules you or the respondent(s) may also appeal a decision made at a tribunal hearing. The grounds and process for appeals are set out in [Attachment D4].

Step 7: Documenting the resolution

The Directors will record the complaint, the steps taken to resolve it and the outcome. This information will be stored in a confidential and secure place. If the complaint was dealt with at the state/district level, the information will be stored by the state association.

Approaching external organisations

If you feel that you have been harassed or discriminated against, you can seek advice from the Equal Opportunity Commission. There is no obligation to make a formal complaint. However, if the commission advises you that the issues appear to be within its jurisdiction, you may choose to lodge a formal complaint with the commission.

The commission may investigate your complaint. The commission may also attempt to conciliate the complaint on a confidential basis. If this fails, or if it is not appropriate, the complaint may go to a formal hearing. The tribunal will make a finding and decide what action, if any, will be taken.

If you do lodge a complaint with the commission, an appropriate person from Chau Kaizen will be available to support you during the process. You may also wish to have a legal representation, particularly if the complaint goes to a formal hearing.

The Equal Opportunity Commission can be contacted online at www.eoc.sa.gov.au/ or phone 08 8207 1977

Serious incidents, such as assault or sexual assault, should be reported to the police.

Attachment D2: Mediation

Mediation is a process that seeks to resolve complaints with the assistance of an impartial person – the mediator.

The mediator does not decide who is right or wrong and does not tell either side what they must do. Instead, he or she helps those involved to discuss the issues and seeks to facilitate a mutually agreeable solution.

Our approach to mediation follows the steps set out below.

1. The Director or nominated independent person will appoint an appropriate mediator to help resolve the complaint. This will be done under the direction of Chau Kaizen and in consultation with the complainant and the respondent(s). The mediator will be an independent person in the context of the complaint, however this does not preclude a person with an association with the organisation acting as mediator.
2. The mediator will talk with the complainant and respondent(s) about how the mediation will take place and who will participate. At a minimum, the mediator will prepare an agenda of issues to be discussed.
3. All issues raised during mediation will be treated confidentially. We also respect the rights of the complainant and the respondent(s) to pursue an alternative process if the complaint is not resolved.
4. If the complaint is resolved by mediation, where appropriate the mediator may seek to ensure the parties execute a document that sets out the agreement that has been reached. This agreement will be signed by the complainant and the respondent(s). We expect the parties involved to respect and comply with the terms of the agreement.
5. If the complaint is not resolved by mediation, the complainant may:

approach any relevant external agency, such as an anti-discrimination or equal opportunity commission, to resolve the matter.

We recognise that there are some situations where mediation may not be appropriate, including:

when the people involved have completely different versions of the incident;
when one or both parties are unwilling to attempt mediation;
when there is a real or perceived power imbalance between the people involved;
matters that involve serious allegations.

Mediation Services

Mediation SA provides a free independent mediation service for community organisations. Contact 08 8350 0376

Attachment D3: Investigation process

There will be times when a complaint will need to be investigated and information gathered.

An investigation helps determine the facts relating to the incident, if requested, recommendations as to possible findings and next steps.

Any investigation we conduct will be fair to all people involved. The investigation process will be undertaken by an unbiased person.

If we decide that a complaint should be investigated, we will follow the steps outlined below.

1. We will provide a written brief to the investigator that sets out the terms of engagement and his or her roles and responsibilities.
2. The investigator may:

interview the complainant and record the interview in writing;
provide full details of the complaint to the respondent(s) so that they can respond
interview the respondent(s) to allow them to answer the complaint and record the interview in writing;
obtain statements from witnesses and collect other relevant evidence;
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); ■ mischievous, vexatious or knowingly untrue.
provide a report to Suasday Chau documenting the complaint, the investigation process, the evidence,) and, if requested, any findings and recommendations.

3. We will provide a report to the complainant and the respondent(s) documenting the complaint, the investigation process and summarising key points from the investigation.
4. The complainant and the respondent(s) will be entitled to support throughout this process from their chosen support person or adviser (e.g. Suasday Chau).

Attachment D4: Tribunal procedures

We will follow the steps set out below to hear formal complaints made under our Member Protection Policy.

Preparing for a Tribunal hearing

1. A Tribunal panel will be established, according to the rules set out in our constituent documents, rules and by-laws, to hear a complaint that has been referred to it by the Directors or nominated independent person The number of Tribunal panel members required to be present throughout the hearing will be a minimum number of 5.
2. The Tribunal panel members will be provided with a copy of all the relevant correspondence, reports or information received and sent by the Directors or nominated independent person relating to the complaint/allegations.
3. The Tribunal hearing will be held as soon as practicable. However, adequate time must be provided for the respondent(s) to prepare for the hearing.
4. The Directors or nominated independent person will inform the respondent(s) in writing that a Tribunal hearing will take place. The notice will outline:

that the person has a right to appear at the Tribunal hearing to defend the complaint/allegations;
the details of the complaint and of all allegations, as well as the provision or clause of any policy, rule or regulation that has allegedly been breached;
the date, time and venue of the Tribunal hearing;
that verbal and/or written submissions can be presented at the Tribunal hearing;
that witnesses may attend the Tribunal hearing to support the position of the respondent/s;
an outline of any possible sanctions that may be imposed if the complaint is found to be true;
That legal representation will not be allowed. [The respondent may be assisted by a support person at a Tribunal hearing. For example, where the respondent is a minor, he or she should have a parent or guardian present. However a person cannot be a support person if he or she has been admitted to the practice as a lawyer or worked as a trainee lawyer.] A copy of any investigation report findings will be provided to the respondent(s).

5. The Directors or nominated independent person will notify the complainant in writing that a Tribunal hearing will take place. The notice will outline:

that the person has a right to appear at the Tribunal hearing to support their complaint;
the details of the complaint, including any relevant rules or regulations the respondent is accused of breaching;
the date, time and venue of the Tribunal hearing;
that verbal and/or written submissions can be presented at the Tribunal hearing;
that witnesses may attend the Tribunal hearing to support the complainant’s position;
that legal representation will not be allowed. A copy of the investigation report findings will be provided to the complainant.

6. If the complainant believes the details of the complaint are incorrect or insufficient, he or she should inform the Directors or nominated independent person as soon as possible so that the respondent(s) and members of the Tribunal panel can be properly informed of the complaint.
7. If possible, the Tribunal panel should include at least one person with knowledge or experience of the relevant laws/rules (e.g. anti-discrimination).

Tribunal hearing procedure

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

Tribunal panel members;
the respondent(s);
the complainant;
any witnesses called by the respondent(s);
any witnesses called by the complainant;
any parent/guardian or support person required to support the respondent or the complainant.

9. If the respondent(s) is not present at the set hearing time and the Tribunal chairperson considers that no valid reason has been presented for this absence, the Tribunal hearing will continue subject to the chairperson being satisfied that all Tribunal notification requirements have been met.
10. If the Tribunal chairperson considers that there is a valid reason for the non-attendance of the respondent(s), or the chairperson does not believe the Tribunal notification requirements have been met, then the Tribunal hearing will be rescheduled to a later date.
11. If the Tribunal chairperson wishes to reschedule the Tribunal hearing date, the Tribunal chairperson will inform the Directors or nominated independent person of the need to reschedule the hearing and the Directors or nominated independent person will arrange for the Tribunal to be reconvened.
12. The Tribunal chairperson will read out the complaint, ask each respondent if he or she understands the complaint and if he or she agrees or disagrees with the complaint.
13. If the respondent agrees with the complaint, he or she will be asked to provide any evidence or witnesses that should be considered by the Tribunal when determining any sanctions.
14. If the respondent disagrees with the complaint, the complainant will be asked to describe the circumstances that lead to the complaint being made.

Reference may be made to brief notes.
The complainant may call witnesses.
The respondent may question the complainant and any witnesses.

15. The respondent will then be asked to respond to the complaint.

Reference may be made to brief notes.
The respondent may call witnesses.
The complainant may ask questions of the respondent and any witnesses.

16. The complainant and respondent(s) may be present when evidence is presented to the Tribunal hearing. Witnesses may be asked to wait outside the hearing until they are required.
17. The Tribunal may:

consider any evidence, and in any form, that it deems relevant;
ask questions of any person giving evidence;
limit the number of witnesses (including limiting witnesses to those persons who only provide new evidence);
require (to the extent it has power to do so) the attendance of any witness it deems relevant; and
act in an inquisitorial manner in order to establish the truth of the issue/complaint before it.

18. Video evidence, if available, may be presented. Arrangements for the viewing of this evidence must be made entirely by the person(s) wishing to offer this type of evidence.
19. If the Tribunal panel considers that at any time during the hearing there is any unreasonable or intimidatory behaviour from anyone, the Tribunal chairperson may deny further involvement of that person in the hearing.
20. After all the evidence has been presented, the Tribunal will make its decision in private. The Tribunal must decide whether the complaint has, on the balance of probabilities, been substantiated.
21. All Tribunal decisions will be by majority vote.
22. The Tribunal chairperson may announce the decision of the Tribunal at the conclusion of the hearing. Alternatively, he or she may reserve the decision of the Tribunal at the conclusion of the hearing and deliver the decision at a later time.
23. The respondent(s) will have the opportunity to make submissions to the Tribunal in relation to any sanctions that may be imposed.
24. Within 48 hours of the Tribunal delivering its decision, the Tribunal chairperson will:

forward a notice of the Tribunal’s decision to the Directors or nominated independent person, including details of any sanction imposed.
forward a letter reconfirming the Tribunal’s decision to the respondent(s), including any sanction imposed. The letter should also outline the process and grounds for an appeal, if allowed.

25. The Tribunal does not need to provide written reasons for its decision.

Note: care must be taken when conducting hearings that involve children under 18 years of age. If a hearing is related to misconduct towards the child, care must be taken where possible to protect the identity of the child. For example documentation produced during the investigation and hearing must not identify names of children under 18 and all related documentation must be stored securely. In this situation particularly it may be appropriate to keep the complainant and respondent separate during the hearing. It is advised to seek further advice regarding this.

Appeals procedure

27. A complainant or a respondent(s) may lodge with Chau Kaizen an appeal in relation to the decision of a Tribunal on one or more of the following grounds:

26.1 that a denial of procedural fairness has occurred;
26.2 that the sanction imposed is unjust and/or unreasonable;
26.3 that the decision was not supported by the information/evidence provided at the mediation or to the Tribunal Hearing;

28. A person wanting to appeal must lodge a letter setting out the basis for their appeal with the director, Suasday Chau within 30 days of the decision being made.
29. If the letter of appeal is not received by the director, Suasday Chau within this time, the right of appeal will lapse.
30. The letter of appeal and the notice of the Tribunal’s decision (clause 24) will be forwarded to the director, Suasday Chau to review and to decide

whether there are sufficient grounds for the appeal to proceed, the director, Suasday Chau may invite any witnesses to the meeting that he or she believes are required to make an informed decision.

31. If the appellant has not shown sufficient grounds for an appeal in accordance with clause 26, then the appeal will be rejected. The appellant will be notified in writing, including the reasons for the decision.
32. If the appeal is accepted, an Appeal Tribunal with new panel members will be convened to rehear the complaint.
33. The Tribunal hearing procedure shall be followed for the Appeal Tribunal.
34. The decision of the Appeal Tribunal will be final and binding.

Attachment D5: PBTR Complaint Flow Chart

This chart is a guide to who to contact first. Start at the level where the incident happened, and follow this policy.

Club or local level

First: the coach, the manager of the team, the president of the club, the designated complaints person, or a Member Protection Information Officer.
Other options: the Play by the Rules website, Mediation SA on 8350 0376, the Equal Opportunity Commission, or the Office for Recreation, Sport and Racing on 7424 7622.
If it involves a person under 18: the Child Abuse Report Line on 13 14 78 for child abuse or neglect, and the parents or guardians.
If it involves a criminal offence: SA Police.

State level, if the matter is unresolved

If not already contacted: the state team manager or coach, the designated complaints person, a Member Protection Information Officer, or the state sporting organisation’s executive officer, general manager or president.
Other options: the State Sports Dispute Centre, the Play by the Rules website, Mediation SA, the Equal Opportunity Commission, or the Office for Recreation, Sport and Racing.
The same contacts apply for anyone under 18, and for a criminal offence.

National level, if the matter is still unresolved

A Member Protection Information Officer, the state or national sporting organisation’s executive officer, general manager or president, or the national team manager.
Other options: the Play by the Rules website, Mediation SA, the Equal Opportunity Commission or the Australian Human Rights Commission, the Australian Sports Commission, or a lawyer.
If it involves a criminal offence: the police in the state where the incident happened.
If it is still unresolved: the Court of Arbitration for Sport (Oceania registry), or the Australian and New Zealand Sports Law Association.

The chart is published by Play by the Rules, playbytherules.net.au.

Attachment E1: Record of informal complaint

The form records:

Name of person receiving complaint
Date
Complainant’s name — Over 18 / Under 18
Complainant’s role or status — Administrator (volunteer) / Athlete or player / Coach or assistant coach / Employee (paid) / Official / Parent / Spectator / Support personnel / Other
When and where did the incident take place?
What are the facts relating to the incident, as stated by the complainant?
What is the nature of the complaint? (category, basis, grounds) — Harassment / Discrimination / Sexual or sexist / Selection dispute / Coaching methods / Sexuality / Personality clash / Verbal abuse / Race / Bullying / Physical abuse / Religion / Disability / Victimisation / Pregnancy / Child abuse / Unfair decision / Other. Tick more than one if necessary.
What does the complainant want to happen to resolve the issue?
What other information has the complainant provided?
What is the complainant going to do now?

This record and any notes must be kept confidential and secure. If the issue becomes a formal complaint, this record is to be given to the director, Suasday Chau.

Attachment E2: Record of formal complaint

The form records:

Complainant’s name — Over 18 / Under 18
Date formal complaint received
Complainant’s contact details — Phone: Email:
Complainant’s role or position — Administrator (volunteer) / Athlete or player / Coach or assistant coach / Employee (paid) / Official / Parent / Spectator / Support personnel / Other
Name of person complained about (respondent) — Over 18 / Under 18
Respondent’s role or position — Administrator (volunteer) / Athlete or player / Coach or assistant coach / Employee (paid) / Official / Parent / Spectator / Support personnel / Other
Location or event of alleged incident
Description of alleged incident
Nature of complaint (category, basis, grounds) — Harassment / Discrimination / Sexual or sexist / Selection dispute / Coaching methods / Sexuality / Personality clash / Verbal abuse / Race / Bullying / Physical abuse / Religion / Disability / Victimisation / Pregnancy / Child abuse / Unfair decision / Other. Tick more than one if necessary.
Methods (if any) of attempted informal resolution
Formal resolution procedures followed (outline)
If investigated: finding
If heard by Tribunal: decision, and action recommended
If mediated: date of mediation, whether all parties were present, the agreement, and any other action taken
If the decision was appealed: decision, and action recommended
Resolution — Less than 3 months / Between 3 and 8 months / More than 8 months
Completed by — Name: Position: Signature: Date:
Signed by — Complainant: Respondent:

This record and any notes must be kept confidential and secure. If the complaint is of a serious nature, or if it is taken to and/or dealt with at the state level, the original record must be provided to the director, Suasday Chau and a copy kept with the organisation where the complaint was first made.

Attachment E3: Procedure for handling allegations of child abuse

If you believe a child is in immediate danger or a life-threatening situation, contact the Police immediately on 000.

Detailed guidelines for organisations for managing an allegation of child abuse in recreation and sport can be found at : www.childprotection.sa.gov.au

We will treat any allegation of child abuse or neglect promptly, seriously and with a high degree of sensitivity.

All people working with Chau Kaizen in a paid or unpaid capacity have a duty to report any concerns to the appropriate authorities, following the steps outlined below.

Step 1: Receive the allegation

If a child or young person raises with you an allegation of child abuse or neglect that relates to them or to another child, it is important that you listen, stay calm and be supportive.

Step 1: receiving an allegation of child abuse or neglect.
Do	Don’t
Make sure you are clear about what the child has told you	Do not challenge or undermine the child
Reassure the child that what has occurred is not his or her fault	Do not seek detailed information, ask leading questions or offer an opinion.
Explain that other people may need to be told in order to stop what is happening.	Do not discuss the details with any person other than those detailed in these procedures.
Promptly and accurately record the discussion in writing.	Do not contact the alleged offender.

Step 2: Report the allegation

Immediately report any allegation of child abuse or neglect, or any situation involving a child at risk of harm, to the police and/or the Child Abuse Report Line (CARL) 13 14 78. You may need to make a report to both.
Contact the Child Abuse Report Line (CARL) 13 14 78 or police for advice if there is any doubt about whether the allegation should be reported.
If the allegation involves a person to whom this policy applies, then also report the allegation to the director, Suasday Chau of Chau Kaizen so that he or she can manage the situation.

Step 3: Protect the child and manage the situation

Serious allegations should always be referred to the director, Suasday Chau for advice and support

Suasday Chau will assess the immediate risks to the child and take interim steps to ensure the child’s safety and the safety of any other children. This may include redeploying the alleged offender to a position where there is no unsupervised contact with children, supervising the alleged offender or removing/suspending him or her until any investigations have been concluded. Legal advice should be sought before any interim steps are made if the person is an employee of Chau Kaizen.
The director will consider what services may be most appropriate to support the child and his or her parent/s.
The director will consider what support services may be appropriate for the alleged offender.
The director will seek to put in place measures to protect the child and the alleged offender from possible victimisation and gossip.

Step 4: Take internal action

At least three different investigations could be undertaken to examine allegations that are made against a person to whom this policy applies, including:
a criminal investigation (conducted by the police)
a child protection investigation (conducted by the Department for Child Protection)
a disciplinary or misconduct inquiry/investigation (conducted by Suasday Chau or nominated independent person.
The director or nominated independent person will assess the allegations and determine what action should be taken in the circumstances. Depending on the situation, action may include considering whether the alleged offender should return to his or her position, be dismissed, banned or suspended or face other disciplinary action.
If disciplinary action is undertaken, we will follow the procedures set out in [Clause 9] of our Member Protection Policy.
Where required we will provide the relevant government agency with a report of any disciplinary action we take.

Attachment E4: Reporting child abuse and neglect

Non-urgent concerns can also be reported online through e-CARL at childprotection.sa.gov.au. Anything serious must be reported by phone.

Under the Section 30 of the Children and Young People (Safety) Act 2017, mandated notifiers are required by law to notify the Child Abuse Report Line 13 14 78, if they suspect on reasonable grounds that a child/young person has been abused or neglected and the suspicion is formed in the course of the person’s work (whether paid or voluntary) or in carrying out official duties:

Mandated notifiers are any person who is an employee of, or volunteer in, a government or non-government organisation that provides health, welfare, education, sporting or recreational, child care or residential services wholly or partly for children.

These people:

a) Are engaged in the actual delivery of those services to children; or
b) Hold a management position in the relevant organisation the duties of which include direct responsibility for, or direct supervision of, the provision of those services to children.

It is also an offence to prevent a person from discharging the obligation of mandatory reporting through threat, intimidation or unfavourable treatment.

NB: There is no legal requirement for a mandatory reporter to be trained. Rather, everyone in the above roles have a responsibility to report.

Chau Kaizen supports that all people engaged in activities associated with Chau Kaizen have a moral obligation to report any suspicion of child abuse or neglect.

Keeping children safe in recreation and sport resource:

https://dhs.sa.gov.au/__data/assets/pdf_file/0003/103179/CSE-Mandatory-notification-information-booklet.PDF

Further information can be found at: https://childprotection.sa.gov.au/report-suspected-harm

What changed in version 3

Version 3 keeps every requirement of version 2. It corrects mistakes inside the document, updates the agencies, Acts and web addresses that have changed since January 2024, and tidies wording left over from the template the policy was filled in from. Every change is listed here, so the difference between the two versions can be checked.

Corrections

The contents page listed section 6.4 as “Sexual relationships”, 6.9 as “Cyber bullying” and 7.2 as “Vexatious complaints and victimisation”. The body of the policy calls them “Intimate relationships”, “Bullying” and “Improper complaints and victimisation”. The contents now matches the body.
The contents page listed Attachment C3, “National Working with Children Check requirements”, which was not in the document. It has been removed from the contents. Part C already covers the South Australian requirements and the other states.
The contents page and the list inside Part E named an Attachment E4, “Confidential record of child abuse allegation”, which was not in the document, and numbered the reporting attachment E5 although the body called it E4. The attachments now run E1 to E4 with no gap, in the contents, in Part E and on the attachments themselves.
The lists of attachments inside Parts D and E gave them different names and punctuation from the headings on the attachments. They now match.
Section 9.1 was headed “Individual” in the body and “Individuals” in the contents. It is now “Individuals”.
Part A was headed “National Member Protection Policy” in the body, although it is this club’s own policy and the contents page called it the Chau Kaizen Member Protection Policy. It is now “Part A: Member Protection Policy”.
The review history showed version One as reviewed on 09/01/2024 but endorsed on 01/08/2016, eight years earlier. The history has been rewritten with one row per version.
Section 2 read “The policy updated on 09/01/2024 and will operate until replaced”. It now reads as a sentence and carries this version’s date.

Updates since January 2024

South Australia replaced relevant history assessments with Working with Children Checks when the current scheme started on 1 July 2019. Checks are done by the Department of Human Services Screening Unit under the Child Safety (Prohibited Persons) Act 2016 and the Child Safety (Prohibited Persons) Regulations 2019, and last five years.
Families SA no longer exists. Child protection in South Australia sits with the Department for Child Protection, which runs the Child Abuse Report Line on 13 14 78.
The web address www.families.sa.gov.au no longer works. It has been replaced with childprotection.sa.gov.au.
Non-urgent concerns can now be reported online through e-CARL. Anything serious must still be reported by phone.
The child safe environments compliance statement is lodged under section 114(3) of the Children and Young People (Safety) Act 2017, which the policy now says.
Section 2 pointed people at the home page for a copy of the policy. It now points at the policy’s own page, chaukaizen.au/member-protection-policy/.

Wording

The legal name was written out in full about sixty times, including in the middle of sentences where it broke the grammar. It is now defined once in the Preface and the club is called Chau Kaizen after that.
Three sentences left unfinished when the template was filled in have been completed: the purpose in section 1, the opening of section 2, and the Preface commitments.
Part D said the club provides “an informal and informal process”. It now says “a formal and informal process”.
Australian spelling throughout (behaviour, favouritism).

Still to check

The Children and Young People (Safety and Support) Act 2025 received assent on 12 June 2025 and is expected to commence around mid-2027. The Children and Young People (Safety) Act 2017 remains the law until then, so this policy should be reviewed when the new Act starts.
The footnote in section 6.1.3 cites a 2015 standards document issued by the Chief Executive of DECD. Check with the Department of Human Services whether it has been superseded.
Parts of Attachment D5 refer to state and national sporting organisations and to Member Protection Information Officers. Chau Kaizen is an independent club, so those steps may not apply. They have been left in because they are part of the Play by the Rules chart.
The date of birth, address and signature lines in Attachment C1 are for printing and signing.

What is in this policy

Preface

Review history

PART A: MEMBER PROTECTION POLICY

1. Introduction

2. Purpose of this policy

3. Who is bound by this policy

4. Organisational responsibilities

5. Individual responsibilities

6. Position statements

6.1 Child protection

6.1.1 Identify and analyse risk of harm

6.1.2 Develop codes of behaviour

6.1.3 Choose suitable employees and volunteers

6.1.4 Support, train, supervise and enhance performance

6.1.5 Empower and promote the participation of children

6.1.6 Report and respond appropriately to suspected abuse and neglect

6.1.7 Manage appropriately any allegation of misconduct towards children

6.2 Taking images of children

6.3 Anti-discrimination and harassment

6.3.1 Discrimination

6.3.2 Harassment

6.3.3 Prohibition against discrimination and harassment

6.4 Intimate relationships

6.5 Pregnancy

6.6 Gender identity

6.6.1 Gender identity discrimination and harassment

6.6.2 Participation in sport

6.7 Responsible service and consumption of alcohol

6.8 Smoke-free environment

6.9 Bullying

6.10 Social networking

7. Complaints procedures

7.1 Handling complaints

7.2 Improper complaints and victimisation

7.3 Mediation

7.4 Tribunals

8. What is a breach of this policy?

9. Disciplinary measures

9.1 Individuals

9.2 Factors to consider

10. Dictionary of terms

PART B: CODES OF BEHAVIOUR

PART C: EMPLOYMENT SCREENING / WORKING WITH CHILDREN ASSESSMENT REQUIREMENTS

PART D: COMPLAINT HANDLING PROCEDURES

PART E: REPORTING REQUIREMENTS AND DOCUMENTS/FORMS

Attachment C1: Member protection declaration

Attachment C2: Working with Children Checks

Attachment D1: Complaints procedure

Step 1: Talk with the other person (if safe, reasonable and appropriate)

Step 2: Contact the Director

Step 3: Decide how to address your concern

Step 4: Making a formal complaint

Step 5: Investigating the complaint

Step 6: Reconsidering a complaint or appealing a decision

Step 7: Documenting the resolution

Attachment D2: Mediation

Attachment D3: Investigation process

Attachment D4: Tribunal procedures

Tribunal hearing procedure

Attachment D5: PBTR Complaint Flow Chart

Club or local level

State level, if the matter is unresolved

National level, if the matter is still unresolved

Attachment E1: Record of informal complaint

Attachment E2: Record of formal complaint

Attachment E3: Procedure for handling allegations of child abuse

Step 1: Receive the allegation

Step 2: Report the allegation

Step 3: Protect the child and manage the situation

Step 4: Take internal action

Attachment E4: Reporting child abuse and neglect

What changed in version 3

Corrections

Updates since January 2024

Wording

Still to check

Visit us

When we are open