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	<title>Child Safety Archives - Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</title>
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	<title>Child Safety Archives - Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</title>
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		<title>Striking a Balance: Child Protection in Sport and Effective Management of Allegations</title>
		<link>https://www.sportslawyer.com.au/child-protection-in-sport-and-effective-management-of-allegations/</link>
					<comments>https://www.sportslawyer.com.au/child-protection-in-sport-and-effective-management-of-allegations/#respond</comments>
		
		<dc:creator><![CDATA[Jen]]></dc:creator>
		<pubDate>Sun, 04 Dec 2022 20:00:53 +0000</pubDate>
				<category><![CDATA[Child Safety]]></category>
		<guid isPermaLink="false">https://www.sportslawyer.com.au/?p=2866</guid>

					<description><![CDATA[<p>This article is about drawing focus to the danger of going too far when managing allegations relating to child protection. As sports lawyers we work across a number of areas of law, including matters relating to child protection in sport and our position that no child participating in sport should be a victim of abuse, [&#8230;]</p>
<p>The post <a href="https://www.sportslawyer.com.au/child-protection-in-sport-and-effective-management-of-allegations/">Striking a Balance: Child Protection in Sport and Effective Management of Allegations</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
]]></description>
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							<p><span style="font-weight: 400;">This article is about drawing focus to the danger of going too far when managing allegations relating to child protection. As sports lawyers we work across a number of areas of law, including matters relating to </span><span style="font-weight: 400;">child protection in sport</span><span style="font-weight: 400;"> and our position that no child participating in sport should be a victim of abuse, is unwavering. While we’ve explored </span><span style="font-weight: 400;">child protection in sport</span><span style="font-weight: 400;"> in previous articles, including minimising the risk of </span><a href="https://www.sportslawyer.com.au/parents-sideline-behaviour-at-sport-how-to-manage-the-risk-at-the-sidelines/" target="_blank" rel="noopener"><span style="font-weight: 400;">poor sideline behaviour</span></a><span style="font-weight: 400;">, in this article, we wish to highlight careful management of allegations in circumstances where it is </span><b>not certain</b><span style="font-weight: 400;"> that a person accused of an offence is guilty of an offence.</span></p><p> </p><h2><span style="font-weight: 400;">The Big Risk</span></h2><p> </p><p><span style="font-weight: 400;">Given the impact that abuse has on children throughout their lives, there is no doubt that zero tolerance is required. However, what can arise in the management of child abuse allegations can result in an overcorrection of sorts. That is, that individuals alleged to be responsible for child abuse, are treated in a way that amounts to them being treated as ‘guilty until proven otherwise’. Those who might defend the alleged abuser may also be subject to criticism. </span></p><p><span style="font-weight: 400;">When we look at historical cases of abuse in sport, we know that more should have been done. While the policies and processes are now in place, the resulting response to ensure the abuse of children doesn’t happen on our watch, however, can also lead to inappropriate treatment of the accused.</span></p><p><span style="font-weight: 400;">How representatives of sporting organisations respond to allegations of child abuse, under a Member Protection Policy or Child Safety Policy, must be managed with caution.</span></p><p> </p><h2><span style="font-weight: 400;">Context is Everything</span></h2><p> </p><p><span style="font-weight: 400;">As explored in our article on </span><a href="https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/" target="_blank" rel="noopener"><span style="font-weight: 400;">high performance coaching and child safety</span></a><span style="font-weight: 400;">, the lines between what is acceptable coaching and what falls within the crimes of abuse, discrimination or harassment can sometimes be a very fine line.  </span></p><p><span style="font-weight: 400;">Coaches for example, in certain levels of sport, may be dealing with people of varying ages and abilities. Some athletes or participants in sport, particularly young athletes, may have very different reasons for participating. Some children are involved because they are passionate about the sport and want to reach the highest level. Some may be involved because their parents are pushing them into it, or it is a requirement of their education. Other children might be participating in sport for the social element. </span></p><p><span style="font-weight: 400;">Given the varied reasons why children find themselves in sporting contexts, what might be acceptable in the context of high performance coaching (e.g. pushing an athlete to close to their limits in the quest for the best result) might be considered abuse or harassment in the context of a 5 year old beginner swimming class. </span></p><p><span style="font-weight: 400;">Physical contact might be unnecessary and prohibited when coaching an under 12’s netball team but might be essential when teaching beginner ballet classes and making sure participants are performing the correct movements without injuring themselves. Actions which might otherwise be considered abuse might also be permissible in the context of unruly and unsafe behaviour of children.</span></p><p><span style="font-weight: 400;">So while context is relevant, along with your Member Protection Policy or Child Safety Policy, balancing zero tolerance for child abuse with the careful management of allegations is essential.</span></p><p> </p><h2><span style="font-weight: 400;">Responding to Allegations</span></h2><p> </p><p><span style="font-weight: 400;">All individuals should be accorded natural justice under the law during an investigation process. This is necessary for good governance, and to ensure that a decision or sanction is not appealable. There should not be a presumption of guilt, although temporary actions may need to be taken during the investigation stage to ensure that children are safe. In some circumstances for example, it may be suitable to suspend the coach with pay or require them to be supervised at all times, until the investigation is complete.</span></p><p><span style="font-weight: 400;">Confidentiality is also essential during an investigation for both the alleged offender and the alleged victim/s. Where confidentiality has not been maintained, this creates additional risks for the sporting club or organisation that received the complaint.</span></p><p> </p><h2><span style="font-weight: 400;">Managing Allegations Against a Coach, Volunteer or Official</span></h2><p> </p><p><span style="font-weight: 400;">What happens when a coach, volunteer or official unintentionally acts in a manner that results in an accusation of child abuse being levelled at them? </span></p><p><span style="font-weight: 400;">An allegation can be soul-destroying, especially if the accused feels as though the sports club or organisation is assuming that the allegations are true. These days most matters are dealt with by Sports Integrity Australia (</span><a href="https://www.sportintegrity.gov.au/what-we-do/safeguarding" target="_blank" rel="noopener"><span style="font-weight: 400;">SIA</span></a><span style="font-weight: 400;">), which can be an incredibly stressful and intimidating process.</span></p><p><span style="font-weight: 400;">We have seen coaches with complaints made against them by angry parents in situations where the coach has never had any previous allegations made against them. Coaches who have been working in the industry for many years and who have built up a first-class reputation over an extended period of time. Suddenly they are facing an allegation of child abuse as a result of conduct that may have previously not have been considered to constitute child abuse. </span></p><p><span style="font-weight: 400;">Even if they are ultimately cleared of wrongdoing, we know that the time spent waiting for a decision can be stressful for the accused. And, even if they are ultimately cleared, it may still be difficult to avoid some reputational damage if confidentiality isn’t maintained.</span></p><p><span style="font-weight: 400;">For these reasons, for anyone involved in managing allegations, it is vital to remember that you are dealing with human beings on both sides of any allegation. Human beings who will have all kinds of concerns, sensitivities and their own vulnerabilities. An accusation of wrongdoing, especially an unexpected one, will likely be devastating. It is important to take a balanced and objective approach, consider any applicable policies, and seek legal advice to ensure any interim decision making and actions undertaken will be  appropriate. </span></p><p><span style="font-weight: 400;">Sports organisations have obligations relating to the health and safety that extend to employees and volunteers too. </span></p><p><span style="font-weight: 400;">In addition to this, consider:</span></p><p><i><span style="font-weight: 400;">What does the treatment of the accused show to others who might hold the same or another role in that organisation in the future?</span></i></p><p> </p><h2><span style="font-weight: 400;">The Subsequent Risks</span></h2><p> </p><p><span style="font-weight: 400;">When an alleged offender is found not guilty, and it is viewed that the individuals representing the club, organisation or association responded too harshly, were too quick to punish or accuse, or should have handled it differently, it can affect the willingness of others to be involved or connected to the club or organisation. This is regardless of whether it is a paid or volunteer position they are filling.</span></p><p><span style="font-weight: 400;">Where there has been an ‘overcorrection’ in their management of an allegation, the risk is that you may end up losing valuable assets for your sport, including those who provide enormous benefits to numerous children. While the benefits or contributions of one person never cancel out or condone clear misconduct, abuse, harassment or discrimination, the handling of allegations and impact on culture should be contemplated.</span></p><p> </p><h2><span style="font-weight: 400;">Questionable Handling of Allegations</span></h2><p> </p><p><span style="font-weight: 400;">Where it is found that the accused is not guilty and it can be proven that their treatment during the process was inappropriate, this can present the risk of a civil case. Particularly where sanctions are brought against the accused before the ruling, or reasonable efforts to keep the allegations confidential were not maintained.</span></p><p><span style="font-weight: 400;">If the accusation was public knowledge, and the individual sustained psychological injury, then they may be eligible for a Worker’s Compensation claim, another employment related claim, and potentially a defamation claim.</span></p><p><span style="font-weight: 400;">For representatives of organisations having to walk the delicate line of managing both parties to the allegation, while ensuring they must maintain an appropriate level of comfort to bring forward accusations, they must also ensure there is no risk of inappropriately and unfairly treating the alleged offender.</span></p><p> </p><h2><span style="font-weight: 400;">A Delicate Balance</span></h2><p> </p><p><span style="font-weight: 400;">We have acted on all sides of matters relating to </span><span style="font-weight: 400;">child protection in sport</span><span style="font-weight: 400;"> and understand the gravity of these circumstances from all perspectives. We have helped coaches and administrators who have found themselves the subject of complaints of abuse, discrimination or harassment, with accusations from both children and adults. We have acted for athletes who have been subject to horrific abuse, discrimination and harassment. We have also conducted workplace investigations and provided advice to sporting organisations about the careful management of complaints, and subsequent actions.</span></p><p><span style="font-weight: 400;">It is very important that the alleged victims of abuse are given the opportunity to be heard and their complaints addressed. However, where the facts aren’t clear, and those involved in managing allegations are focused on only considering or fearing the worst, the risks can be great, in an entirely different capacity. </span></p><p><span style="font-weight: 400;">The safety of children is paramount. Nobody wants people within their sport that are harming children. These matters present difficult problems for all parties involved. Nobody wants to be in a situation where such accusations are made, however the handling of them is impactful on many levels.</span></p><p> </p><p style="text-align: center;"><strong>Article by <a href="https://www.sportslawyer.com.au/about-us/alexandria-anthony/" target="_blank" rel="noopener">Alexandria Anthony</a></strong></p><p> </p><p><i><span style="font-weight: 400;">Related Articles: </span></i><a href="https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">High Performance Training and Child Protection in Sport Coaching</span></i></a></p><p><a href="https://www.sportslawyer.com.au/parents-sideline-behaviour-at-sport-how-to-manage-the-risk-at-the-sidelines/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">Parents’ Sideline Behaviour at Sport | How to manage the risk at the sidelines</span></i></a></p><p><a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">It’s Not Child’s Play: Sports Organisations and Child Safety Offences</span></i></a></p><p> </p><p><i><span style="font-weight: 400;">Our team specialises in working with sporting organisations of all sizes, across all capital cities and regions of Australia. To enquire about our services,</span></i><a href="https://www.sportslawyer.com.au/contact-us/" target="_blank" rel="noopener"> <i><span style="font-weight: 400;">fill in this form</span></i></a><i><span style="font-weight: 400;"> or call our office on (03) 9642 0435.</span></i></p><p> </p><p><i><span style="font-weight: 400;">Disclaimer: Nothing in this article should be relied upon as legal advice. The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought. Please contact Paul Horvath on info@sportslawyer.com.au or phone (03) 9642 0435 to discuss any matter or to arrange an appointment.</span></i></p>						</div>
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		<p>The post <a href="https://www.sportslawyer.com.au/child-protection-in-sport-and-effective-management-of-allegations/">Striking a Balance: Child Protection in Sport and Effective Management of Allegations</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
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		<title>High Performance Training and Child Protection in Sport Coaching</title>
		<link>https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/</link>
					<comments>https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/#respond</comments>
		
		<dc:creator><![CDATA[Jen]]></dc:creator>
		<pubDate>Sun, 06 Mar 2022 20:00:00 +0000</pubDate>
				<category><![CDATA[Child Safety]]></category>
		<guid isPermaLink="false">https://www.sportslawyer.com.au/?p=1440</guid>

					<description><![CDATA[<p>Child protection in sport coaching is the responsibility of every individual involved in any sporting organisation. No parent, coach, board member or community member wants to wake up one day to learn that there needs to be an investigation into a coach’s or organisation’s conduct relating to child safety. Fortunately, there are some fundamental steps [&#8230;]</p>
<p>The post <a href="https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/">High Performance Training and Child Protection in Sport Coaching</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="font-weight: 400;">Child protection in sport coaching</span><span style="font-weight: 400;"> is the responsibility of every individual involved in any sporting organisation. No parent, coach, board member or community member wants to wake up one day to learn that there needs to be an investigation into a coach’s or organisation’s conduct relating to child safety. Fortunately, there are some fundamental steps that can be taken to minimise the risk of this occurring in your club or organisation.</span></p>
<p><span style="font-weight: 400;">While there will always be some clearly obvious child safety measures that all coaching staff and employees should adhere to and be alert to, there is no doubt that some elements can prove challenging for coaches. New research carried out in Europe and released in late 2021 showed that 44% of respondents experienced physical violence inside sport as children, 35% reported non-contact sexual violence and 20% reported contact sexual violence. Abuse was highest amongst those competing in international sport compared to recreational sport, and most commonly the perpetrator was the athlete’s coach. </span></p>
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<p><span id="more-1440"></span></p>
<h2><span style="font-weight: 400;">The challenge for coaches</span></h2>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">Coaches are largely employed on the basis that they have the skills to assist athletes to reach their sporting potential. In some environments, that might include shouting or getting angry at athletes to motivate them, in another touch will be essential. How coaches get their results varies.</span></p>
<p><span style="font-weight: 400;">Occasionally, this can lead to blurred lines between what is acceptable or not acceptable in terms of the treatment of athletes. It is a coach’s job to employ techniques to reach new levels, but not when those techniques may be considered a potential well-being and safety issue. For example, in the recent case of </span><i><span style="font-weight: 400;">Liddick v Gymnastics Australia and Sport Integrity Australia</span></i><span style="font-weight: 400;">, the National Sports Tribunal (</span><b>NST</b><span style="font-weight: 400;">) found that Liddick (former senior national coach for the Women’s Artistic Gymnastics Team) had committed two breaches of the relevant Member Protection Policy (</span><b>MPP</b><span style="font-weight: 400;">): one breach involved a threat to lock the complainant and her teammates in their rooms and feed them “peas and carrots under a door”; and a second involved telling the complainant and some of her teammates that they were overweight and this was the reason for their underperformance at the Olympic Games. </span></p>
<p><span style="font-weight: 400;">However, notably, the NST found that three of the five complaints heard by the NST did not amount to harassment or abuse under the MPP. In relation to one allegation, the NST found “as the national coach asking questions or making comments about the performance of the team as alleged in Allegation 5 does not amount to harassment, abuse or ridicule within the meaning of MPP Version 4” &#8211; that allegation was therefore dismissed. This case demonstrates the difficulties in differentiating between appropriate coaching behaviour and behaviour which constitutes harassment or abuse. </span></p>
<p><span style="font-weight: 400;">Given the varying coaching styles and athlete needs, how can an organisation truly ensure that its children and adult athletes are not put at risk? How can coaches be supported to know exactly what is and isn’t permitted in your organisation? What can be done to ensure the parameters are clear and still allow your organisation to maintain the levels of high performance that it is known for?</span></p>
<p><span style="font-weight: 400;">It is a coach’s role to find ways for individual athletes to reach their potential. How one athlete responds to training techniques will be different from another athlete. Coaching can be a difficult role to perform and as sport lawyers we empathise with the challenges that people in these roles face. However, we also want to ensure that coaches can be sufficiently supported to protect their own reputation and legacy in their sport and that sports organisations and clubs can feel secure in the knowledge that they are doing everything they can to protect their members, athletes and volunteers.</span></p>
<p><span style="font-weight: 400;">From a club or organisation perspective, the consequences of an investigation can be significant and long-term. For instance, most parents will think twice about having their children participate in a sport or environment, if there are concerns about children being harmed or if it could be an unsafe culture.</span></p>
<p>&nbsp;</p>
<h2><span style="font-weight: 400;">Drawing a line in the sand</span></h2>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">As you will be aware, harm can take many forms including physical, verbal, sexual, or emotional abuse. Overtraining also needs to be considered as part of this conversation. Even if your organisation only has adults, your organisation’s reputation can still be at risk when parents and children associate, for instance, a harmful diet culture or sexual abuse with a particular sport. </span></p>
<p><span style="font-weight: 400;">With high profile cases in gymnastics, women’s football (soccer) and more recently swimming, each involving varying forms of child abuse, the need for organisations at all levels to revisit and ensure their child safety policies and procedures are comprehensive, is essential. Even in organisations where children are not actively involved, it can still be important to ensure that a healthy culture is maintained within the sport to ensure continued participation.</span></p>
<p>&nbsp;</p>
<h2><span style="font-weight: 400;">Why child safety is relevant in all sport environments</span></h2>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">Participation from a young age is always crucial for any sport, even if it is not child-focused. </span><i><span style="font-weight: 400;">Why? </span></i><span style="font-weight: 400;">Because every sport requires a pool of talent coming through the ranks and not being pushed out of the sport due to an unsafe culture. Every sport is entirely reliant upon children participating at the grassroots level. If there are fewer children participating, then there will be fewer adults participating, fewer adults watching or supporting the sport at the elite level and less funding available to the sporting organisations involved in the sport.</span></p>
<p>&nbsp;</p>
<h2><span style="font-weight: 400;">Child protection in sport coaching</span></h2>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">In recent times, Swimming Australia issued an unreserved apology to the elite female swimmers who faced mistreatment and a toxic culture, at the hands of the coaching staff. We heard young swimmers discussing the critique of their body, with pressure on them to lose weight and restrict their food consumption to the point that it harmed their performance. In some cases, resulting in </span><a href="https://www.clearinghouseforsport.gov.au/kb/reds" target="_blank" rel="noopener"><span style="font-weight: 400;">Relative Energy Deficiency Syndrome (RED-S)</span></a><span style="font-weight: 400;">. Such revelations are likely to harm the sport. </span></p>
<p><span style="font-weight: 400;">As mentioned above, the Liddick case demonstrates that there have likely been similar issues occurring in the sport of gymnastics. A review of the sport in 2020 by the Australian Human Rights Commission revealed persistent use of highly authoritarian coaching techniques, the prevalence of inappropriate and harmful weight management and body shaming practices leading to eating disorders and disordered eating, and a sense amongst the gymnastics’ community that there was a “toxic” culture. Gymnastics Australia has responded to these findings by (amongst other things) adopting new procedures for dealing with complaints. </span></p>
<p><span style="font-weight: 400;">High profile cases like these have meant all sporting organisations and coaches need to reexamine if they have the balance right between pushing people to perform at their best, and ensuring child safety and athlete mental well-being are of equal importance.</span></p>
<p><span style="font-weight: 400;">There have also been revelations of child sexual abuse across a range of sports in Australia and internationally. </span></p>
<p><i><span style="font-weight: 400;">So, what is involved in making sure what you have in place currently, is adequate to assist coaches to do their job effectively as well as manage potential safety risks? </span></i></p>
<p><i><span style="font-weight: 400;">What is needed to ensure there is 100% clarity about guidelines for coaches to follow, and ensure that child protection and safety in general, is not compromised?</span></i></p>
<p>&nbsp;</p>
<h2><span style="font-weight: 400;">Minimising risk and consequences in your sporting environment</span></h2>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">Creating clear child safety policies and procedures is the starting point to help manage these risks. Policies that cover all sides including teachers, coaches and trainers, as well as the athletes. This likely means a need for separate policies and codes of conduct for coaches, volunteers, staff, club executives and athletes. </span></p>
<p><span style="font-weight: 400;">Having these policies is only one step in this process. The second piece is ensuring coaches are well-trained and have a clear understanding about what is and is not acceptable within your organisation or club. Additionally, making sure everyone is aware of the policies, has read them, and knows the consequences if any policies and procedures are not followed, is essential. </span></p>
<p><span style="font-weight: 400;">The education piece is often the most overlooked element, and yet it is one of the best ways to avoid these issues. Sitting alongside education is the general club culture on this issue &#8211; where there is broad knowledge that child abuse won&#8217;t be tolerated, members will be prepared to speak up and report early incidents they observe. The wrong type of members will move on or be moved on quickly.   </span></p>
<p><span style="font-weight: 400;">But all of this is only as good as the detail included in the policies and code of conduct that are put in place. </span></p>
<p>&nbsp;</p>
<h2><span style="font-weight: 400;">A satisfactory or comprehensive approach?</span></h2>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">You will likely already have some policies in place. Any policies you have in place should clearly detail what the process is if a concern is raised, and if these issues will be investigated internally or with the assistance of a third party.</span></p>
<p><span style="font-weight: 400;">A good child safety policy will also detail what duty of care each person has, and who any concerns should be flagged with. These policies should also provide details for what to do in the event there are concerns about an issue not being investigated properly.</span></p>
<p><span style="font-weight: 400;">If your club or organisation is serious about safety and avoiding these issues, then you also need to have good procedures in place. One example might be to ask an athlete, member or employee on their onboarding form if they have any previous sexual offence charges against them. In this instance, you would then need to have a policy in place detailing what action would be taken if someone were to answer ‘yes’ to this question. Would all parents, athletes, team members and management be notified? </span></p>
<p><span style="font-weight: 400;">There are a range of elements that can be included in these types of policies to significantly reduce risks for children, athletes and members as well as reduce the financial and reputational risks to your organisation.</span></p>
<p><span style="font-weight: 400;">Generic child safety policy and procedures will, most times, not go far enough in significantly reducing these risks. To be confident that you are doing the right thing by your coaches, athletes, members and the organisation at large, you should have these policies reviewed annually. They may need to be customised to ensure they will meet the unique needs of your sport, people, organisation and community. </span></p>
<p><span style="font-weight: 400;">As we have seen in many cases where safety has been compromised in sporting environments, it can sometimes take years for allegations to come to light. If years down the track it is ascertained that 2022 was the year that the alleged offence occurred, the child safety policies and procedures that your organisation has in place now, will be investigated. And if the alleged offences are proven, a decision will be made as to how culpable the coaches, management and organisations were. </span></p>
<p>&nbsp;</p>
<p style="text-align: center;"><strong>Article by <a href="https://www.sportslawyer.com.au/about-us/alexandria-anthony/" target="_blank" rel="noopener">Alexandria Anthony</a></strong></p>
<p>&nbsp;</p>
<p><i><span style="font-weight: 400;">Related Articles: </span></i><a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">It’s Not Child’s Play: Sports Organisations and Child Safety Offences</span></i></a></p>
<p><i><span style="font-weight: 400;"><a href="https://www.sportslawyer.com.au/performance-enhancing-technology-in-sport-considerations-for-decision-makers/" target="_blank" rel="noopener"><em>Performance Enhancing Technology in Sport: Considerations for Decision Makers at all Levels of Sport</em></a></span></i></p>
<p><i><span style="font-weight: 400;"><a href="https://www.sportslawyer.com.au/member-protection-policy-out-of-date/" target="_blank" rel="noopener"><em>Member Protection Policy: Could Yours Be Out of Date?</em></a></span></i></p>
<p><a href="https://www.sportslawyer.com.au/child-protection-in-sport-and-effective-management-of-allegations/" target="_blank" rel="noopener"><em>Striking a Balance: Child Protection in Sport and Effective Management of Allegations</em></a></p>
<p>&nbsp;</p>
<p><i><span style="font-weight: 400;">At SportsLawyer we are specialists in child safety policies and procedures. We partner with your club, membership group or sporting organisation to review effective policies that meet your organisational needs. We also assist with the delivery and education of these policies to ensure the policies are not just in place, but can be clearly followed. Get in touch with our team, discuss how we can work together for the success of your sporting club or organisation </span></i><a href="https://www.sportslawyer.com.au/contact-us/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">here</span></i></a><i><span style="font-weight: 400;">.</span></i></p>
<p>&nbsp;</p>
<p><i><span style="font-weight: 400;">Disclaimer: Nothing in this article should be relied upon as legal advice. The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought. Please contact Paul Horvath on info@sportslawyer.com.au or phone (03) 9642 0435 to discuss any matter or to arrange an appointment.</span></i></p>
<p>The post <a href="https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/">High Performance Training and Child Protection in Sport Coaching</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
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		<title>Getting Child Safe: An Overview of Australia’s Child Safe Principles for Sports Organisations</title>
		<link>https://www.sportslawyer.com.au/getting-child-safe-an-overview-of-australias-child-safe-principles-for-sports-organisations/</link>
					<comments>https://www.sportslawyer.com.au/getting-child-safe-an-overview-of-australias-child-safe-principles-for-sports-organisations/#respond</comments>
		
		<dc:creator><![CDATA[Jen]]></dc:creator>
		<pubDate>Mon, 07 Feb 2022 23:54:32 +0000</pubDate>
				<category><![CDATA[Child Safety]]></category>
		<category><![CDATA[#childsafety]]></category>
		<category><![CDATA[#sportslawfirm]]></category>
		<category><![CDATA[#sportslawyer]]></category>
		<category><![CDATA[sport law]]></category>
		<guid isPermaLink="false">https://www.sportslawyer.com.au/?p=1428</guid>

					<description><![CDATA[<p>In our previous child safety article, we discussed the obligations of sports organisations to protect against child sex abuse under Victorian criminal and civil laws. This article will explore how sports organisations can prevent child abuse in their organisations by implementing Australia’s various Child Safe principles and policies, which were implemented in response to the [&#8230;]</p>
<p>The post <a href="https://www.sportslawyer.com.au/getting-child-safe-an-overview-of-australias-child-safe-principles-for-sports-organisations/">Getting Child Safe: An Overview of Australia’s Child Safe Principles for Sports Organisations</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>In our <a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/" target="_blank" rel="noopener">previous child safety article</a>, we discussed the obligations of sports organisations to protect against child sex abuse under Victorian criminal and civil laws. This article will explore how sports organisations can prevent child abuse in their organisations by implementing Australia’s various Child Safe principles and policies, which were implemented in response to the 2018 Royal Commission into Institutional Responses to Child Sexual Abuse (<strong>Royal Commission</strong>).</p>
<p>It will briefly explore the 2011 National Principles for Child Safe Organisations (<strong>National Principles</strong>) and the Commonwealth Child Safe Framework.  It will provide a more comprehensive examination of the implementation of Victoria’s New Child Safe Standards through the Commission for Children and Young People (<strong>CCYP</strong>), before briefly highlighting similar schemes that apply in other states and territories across Australia.</p>
<p>The principles discussed in this article may apply to your sporting organisation, especially if you are based in Victoria, and even where they do not specifically apply, the approaches recommended in the principles are likely to be beneficial in preventing child sexual abuse and other forms of child abuse. Sporting organisations should be aware of the applicable principles and obligations that apply to them, and ensure that they are compliant and obtaining advice where issues are identified.</p>
<p><strong>The National Principles for Child Safe Organisations</strong></p>
<p>The Royal Commission recommended a set of 10 child safe standards for various organisations to adopt for the purpose of developing organisational cultures which foster child safety and wellbeing. The National Principles are intended to provide guidance and help all organisations which engage with children to develop a child safe culture. Each principle includes a set of key actions which will help organisations to implement the respective principle. The National Principles focus on embedding child wellbeing at all levels, raising awareness of child safety and rights and ensuring that proper procedures are implemented and reviewed.</p>
<p>To find out more about the National Principles, please read <a href="https://childsafe.humanrights.gov.au/sites/default/files/2019-02/National_Principles_for_Child_Safe_Organisations2019.pdf" target="_blank" rel="noopener">this</a>.</p>
<p><strong>Commonwealth Child Safe Framework</strong></p>
<p>The Royal Commission also emphasised the need for organisations to provide a child safe environment, and ensure that their staff and volunteers are equipped with the requisite skills, confidence and knowledge to keep children safe.</p>
<p>To implement this, the Federal government developed a Commonwealth Child Safe Framework (<strong>Framework</strong>). The Framework consists of a whole-of-government policy which sets the minimum standards for Australian government entities to “<em>create and maintain behaviours and practices that are safe for children</em>”. It is compulsory for all Commonwealth non-corporate entities and is strongly recommended for other Commonwealth entities. Examples of sports entities which may be affected by this are Sport Australia and the Australian Institute of Sport.  The Framework requires the organisations to adopt the National Principles.  To find out more about the Commonwealth Child Safe Framework, please read <a href="https://childsafety.pmc.gov.au/sites/default/files/2020-12/commonwealth-child-safe-framework-2nd-edition.pdf" target="_blank" rel="noopener">this</a>.</p>
<p><strong>Victoria’s New Child Safe Standards</strong></p>
<p>On 1 July 2022, Victoria will adopt a new set of 11 Child Safe Standards (<a href="https://www.premier.vic.gov.au/new-child-safe-standards-protect-young-people" target="_blank" rel="noopener"><strong>Child Safe Standards</strong></a>) to improve the safety of children and young people in specific organisations in place of the current 7 Child Safe Standards. These mandatory standards apply to all organisations defined as a relevant entity in section 3(1) of the C<em>hild Wellbeing and Safety Act 2005</em> (Vic). These organisations comprise any Category 2 entities, which include but are not limited to:</p>
<ol>
<li>Entities which provide coaching services specifically for children;</li>
<li>Any youth organisations in which children participate or that provides activities in which children participate;</li>
<li>Entities that provide sporting or recreational services specifically for children; and</li>
<li>Entities which employ children.</li>
</ol>
<p>The Child Safety Standards themselves largely mirror the National Principles, with the following exceptions:</p>
<ol>
<li>The Child Safe Standards feature an additional standard which requires organisations to:</li>
</ol>
<p>“…<em>establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued</em>”.</p>
<ol start="2">
<li>The second National Principle has been changed slightly in the Child Safe Standards so that children and young people are not only informed about their rights, but are empowered by their rights.</li>
<li>The Child Safe Standards are to be regularly reviewed and improved.</li>
</ol>
<p><em>The Commission for Children and Young People</em></p>
<p>Compliance with the Child Safe Standards is primarily regulated by Victoria’s CCYP. However, there may be other regulators and enforcement agencies which help ensure compliance with the Child Safe Standards in specific circumstances. This includes the Department of Human Services, and Victoria Police where suspected criminal behaviour has occurred.</p>
<p><em>Reportable Conduct Scheme</em></p>
<p>The CCYP runs a Reportable Conduct Scheme (<strong>Scheme</strong>). The Scheme requires the heads of organisations to: have systems in place which prevent child abuse, report to the CCYP any reportable allegations, ensure that investigations are conducted thoroughly and rigorously, and inform the CCYP of outcomes or findings.</p>
<p>Reportable allegations include allegations of sexual offences, sexual misconduct, physical violence, behaviour that causes significant emotional or psychological harm, and significant neglect.</p>
<p>Heads of organisations must report any reportable allegations to the CCYP within three business days, and provide the CCYP with certain information about the allegations and the organisation’s proposed response within 30 days.</p>
<p>A failure to comply with these 3-day and 30-day notification obligations without a reasonable excuse is a criminal offence. A person found guilty of an offence may be liable to a fine worth 10 penalty units ($1817.40). They may also be guilty of an offence under various other pieces of legislation, including the <em>Crimes Act 1958 </em>(Vic), which could result in significant fines or up to three years imprisonment.</p>
<p>To read more about reporting obligations, please read our <a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/" target="_blank" rel="noopener">previous article</a>.</p>
<p><em>Enforcement</em></p>
<p>The CCYP also oversees and enforces organisations’ compliance with the Child Safe Standards. It does this by:</p>
<ol>
<li>informing and educating organisations about the Child Safe Standards and requirements for compliance;</li>
<li>supporting organisations to comply with the Child Safe Standards where non-compliance is identified. It provides advice and guidance to organisations to understand what compliance looks like and to identify child safety risks;</li>
<li>monitoring compliance by investigating and responding to concerns about alleged non-compliance, observing any efforts made by an organisation to remedy non-compliance, and requesting and sharing information with co-regulators and Victoria Police; and</li>
<li>enforcing the law by:
<ol>
<li>issuing a Notice to Produce to gather information, or Notice to Comply with the Child Safe Standards;</li>
<li>requesting Victoria Police or other regulators to take action or investigate non-compliance with the Child Safe Standards;</li>
<li>publishing information about the Child Safe Standards, naming specific organisations where appropriate;</li>
<li>applying to the Court for a declaration of non-compliance with any notice and an order for the organisation to pay a civil penalty;</li>
<li>prosecuting the head of the organisation for failing to notify the CCYP of a reportable allegation within the 3-day period or failing to provide a 30-day update.</li>
</ol>
</li>
</ol>
<p><strong>Other Approaches to the National Principles and Child Safe Standards</strong></p>
<p>Other Australian states and territories have different approaches to the National Principles and Child Safe Principles.</p>
<ul>
<li>New South Wales has adopted the National Principles with its child safe standards.</li>
<li>Queensland has endorsed the National Principles, but they currently do not have any general child safe standards.</li>
<li>South Australia currently uses its own set of child safe standards called the “Child Safe Environments – Principles of Good Practice”. Organisations which provide services to children are required to comply with these standards.</li>
<li>Western Australia has a voluntary approach to the National Principles for organisations. Its Department of Communities, Department of the Premier and Cabinet, and Commissioner for Children and Young People are currently developing a framework for the effective implementation of the National Principles which will legally require organisations to follow them.</li>
<li>Tasmania does not currently have child safe standards. However, the <em>Child Safe Organisations Bill 2020</em> has been drafted and if passed will lead to the adoption of a set of child safe standards that largely align with the National Principles.</li>
<li>The Northern Territory does not have general child safe standards. While the National Principles have been endorsed by the Northern Territory government, compliance is not monitored.</li>
<li>The ACT currently requires organisations to comply with relevant streams of the Children and Young People Standards. For example, there are a different set of standards for childcare services compared with organisations which employ children or young people. In October 2019, the ACT government committed to regulating its child safe standards and develop its scheme. The government has stated that the wording of its standards would be similar to the National Principles, but that it would also look at the Victorian and New South Wales child safe standards.</li>
</ul>
<p><strong>Conclusion</strong></p>
<p>Sports organisations should be aware of the various child safety principles and policies in Australia. These child safety principles and policies may be compulsory for a sports organisation. If not, they would, at the very least, assist a sports organisation in devising an effective child safe policy which would prevent child abuse from occurring and, therefore, prevent the organisation from incurring any of the criminal or civil liabilities described in <a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/" target="_blank" rel="noopener">our previous child safety article</a>.</p>
<p>SportsLawyer understands that sports organisations may have further questions regarding their own child safety policy. If your sports organisation needs assistance, please contact our sports law team at SportsLawyer on (03) 9642 0435 or reach out to us at info@sportslawyer.com.au.</p>
<p><strong>Disclaimer:  </strong>Nothing in this article should be relied upon as legal advice. The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought. Please contact us on info@sportslawyer.com.au or phone (03) 9642 0435 to discuss any matter or to arrange an appointment.</p>
<p><strong>Sources</strong></p>
<p><a href="https://ccyp.vic.gov.au/assets/resources/New-CSS/New-Child-Safe-Standards-Information-Sheet.pdf" target="_blank" rel="noopener">https://ccyp.vic.gov.au/assets/resources/New-CSS/New-Child-Safe-Standards-Information-Sheet.pdf</a></p>
<p><a href="https://ccyp.vic.gov.au/assets/resources/Regulatory-Approach/CCYP-Regulatory-approach-Final.pdf" target="_blank" rel="noopener">https://ccyp.vic.gov.au/assets/resources/Regulatory-Approach/CCYP-Regulatory-approach-Final.pdf</a></p>
<p><a href="https://childsafe.humanrights.gov.au/national-principles/about-national-principles" target="_blank" rel="noopener">https://childsafe.humanrights.gov.au/national-principles/about-national-principles</a></p>
<p><a href="https://childsafe.humanrights.gov.au/sites/default/files/2019-02/National_Principles_for_Child_Safe_Organisations2019.pdf" target="_blank" rel="noopener">https://childsafe.humanrights.gov.au/sites/default/files/2019-02/National_Principles_for_Child_Safe_Organisations2019.pdf</a></p>
<p><a href="https://childsafety.pmc.gov.au/sites/default/files/2020-12/commonwealth-child-safe-framework-2nd-edition.pdf" target="_blank" rel="noopener">https://childsafety.pmc.gov.au/sites/default/files/2020-12/commonwealth-child-safe-framework-2nd-edition.pdf</a></p>
<p><a href="https://www.ngoservicesonline.com.au/blog/child-safe-standards-whats-happening-in-your-jurisdiction/" target="_blank" rel="noopener">https://www.ngoservicesonline.com.au/blog/child-safe-standards-whats-happening-in-your-jurisdiction/</a></p>
<p><em>Related articles:<a href="https://www.sportslawyer.com.au/member-protection-policy-out-of-date/" target="_blank" rel="noopener"> Member Protection Policy: Could Yours Be Out of Date?</a></em></p>
<p>The post <a href="https://www.sportslawyer.com.au/getting-child-safe-an-overview-of-australias-child-safe-principles-for-sports-organisations/">Getting Child Safe: An Overview of Australia’s Child Safe Principles for Sports Organisations</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
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		<title>It’s Not Child’s Play: Sports Organisations and Child Safety Offences</title>
		<link>https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/</link>
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		<dc:creator><![CDATA[Jen]]></dc:creator>
		<pubDate>Tue, 23 Nov 2021 22:28:00 +0000</pubDate>
				<category><![CDATA[Child Safety]]></category>
		<category><![CDATA[#child safety]]></category>
		<category><![CDATA[#sports law]]></category>
		<guid isPermaLink="false">https://www.sportslawyer.com.au/?p=1320</guid>

					<description><![CDATA[<p>The recent case of former Australian junior swimming coach John Wright has shone a light on child sex abuse within Australian sporting organisations. Mr Wright was recently remanded in custody and is facing charges of historical child sex abuse relating to his conduct against a number of prominent swimmers whilst he was coaching them as [&#8230;]</p>
<p>The post <a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/">It’s Not Child’s Play: Sports Organisations and Child Safety Offences</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The recent case of former Australian junior swimming coach John Wright has shone a light on child sex abuse within Australian sporting organisations. Mr Wright was recently remanded in custody and is facing charges of historical child sex abuse relating to his conduct against a number of prominent swimmers whilst he was coaching them as children in the 1980s.  Earlier this year, a review into gymnastics in Australia also showed that many young gymnasts were historically subjected to physical, psychological and sexual abuse.  A few months ago, three former gymnasts launched legal proceedings against Gymnastics Victoria in relation to historical sexual abuse claims relating to their former coach.  2021 also saw shocking allegations of a historic child sex abuse ring in the St Kilda Little League during the 1960s and 1970s involving coaches and administrators Darrell Ray, Albert Briggs and Gary Mitchell.</p>
<p>The impacts of such abuse can be long lasting for the young athlete victims and can lead to reputational damage to the sport.  Shane Lewis first opened up about the abuse he allegedly experienced at the hands of Mr Wright following a suicide attempt in 2010.  His death earlier this year prompted other alleged victims to speak out about the abuse they and others suffered.  The ABC earlier this year also reported on the devastating impacts of the St Kilda paedophile ring on certain of its young victims which in some cases led to years of drug abuse, addiction, mental health issues, and hardship.  Internationally, gymnastic great, Simone Biles, has recently commented that she may quit the sport because she continues to suffer as a result of USA Gymnastics’ failure to protect her and her fellow gymnasts against abuse by Larry Nassar.</p>
<p>These cases serve as a reminder of the risks of child abuse occurring in sport and that when it does occur, it can have devastating impacts for the athletes, the sporting organisations and the sport itself.</p>
<p>No sporting organisation wants to find itself in the news for failing to protect its participants from serious harm at the hands of sports administrators, coaches or medical staff, especially when the participants are vulnerable young athletes.  Reputational harm aside, sporting organisations may face lawsuits from victims, as in the case of USA Gymnastics, and in Victoria, there may now also be criminal consequences for failures to protect against risks to children.</p>
<p>This article will explain the obligations and potential liability under civil or criminal law which sports clubs in Victoria may face for failures to protect against child sex abuse under criminal and civil law.</p>
<p>In a separate article we will discuss the Commonwealth Child Safe Framework and National Child Safe Principles, the Sport Australia Child Safe Policy and Victoria’s new Child Safe Standards, which commence operation in July 2022.</p>
<p><strong>Liability for failure to protect against child abuse</strong></p>
<p>Sporting organisations and individuals within sporting organisations that fail to take steps to protect children under their care, supervision or authority from harm resulting from child abuse may also be liable under civil or criminal law.  Liability will arise where the abuse or risk of abuse arose from a person associated with the sporting organisation and the sporting organisation or an individual in a position of authority within the sporting organisation failed to take reasonable steps to protect against harm.  Persons that may be relevantly associated with a sporting organisation include any person who is an officer, employee, manager, owner, volunteer, contractor or agent of the sporting organisation.</p>
<p><strong><em>Criminal offence</em></strong></p>
<p>People with positions of authority within a sporting organisation should ensure that they are taking steps to protect children from known risks arising from persons associated with the sporting organisation.  A negligent failure to remove the risk resulting from such a person may be a criminal offence under s 49O of the Crimes Act.</p>
<p>Specifically, a person within a sporting organisation commits the offence of failing to protect a child from a sexual offence when that person:</p>
<ul>
<li>Is aware of a substantial risk that a child under the age of 16, that is or may come under the care, supervision or authority of the sporting organisation, will become a victim of a sexual offence committed in Victoria by an adult “person associated” with the sporting organisation;</li>
<li>occupies a position within that sporting organisation that gives them the responsibility or power to reduce or remove a substantial risk to child relating to sexual abuse; and</li>
<li>negligently fails to reduce or remove that risk.</li>
</ul>
<p>Such conduct will still constitute an offence regardless of whether a sexual offence has been proved to have been committed.  It will be negligent to fail to take steps where the failure to do so involves a great falling short of the standard of care that a reasonable person would have exercised in the circumstances.</p>
<p>A person found guilty of the offence is liable to up to 5 years imprisonment.</p>
<p><strong><em>Civil liability</em></strong></p>
<p>Victims of child sexual abuse may sue sports organisations for the organisation’s failure to take reasonable care to prevent the victim from child abuse by an individual associated with the sport organisation, as long the abuse occurred while the victim was under the care, supervision or authority of the relevant organisation.</p>
<p>If an individual sues a sporting organisation for a breach of its duty of care in relation to child abuse, the sporting organisation will be presumed to have breached its duty of care where proof of child abuse exists, unless it proves on the balance of probabilities that it took reasonable precautions to prevent the abuse.  Therefore, sporting organisations that do not actively take steps to reduce the likelihood of child sexual abuse may be liable for any harm that occurs to a child.</p>
<p><strong>Criminal offences where there is a failure to report child abuse</strong></p>
<p>There are two key criminal reporting obligations associated with child safety in Victoria. These obligations are “criminal” in the sense that a failure to report the child safety issue is a criminal offence which may lead to imprisonment or significant fines. The two reporting obligations are derived from:</p>
<ol>
<li>Section 327 of the <em>Crimes Act 1958 </em>(Vic); and</li>
<li>Section 38 of the <em>Occupational Health and Safety Act 2004</em> (Vic) (<strong>OHS Act</strong>).</li>
</ol>
<p><strong><em>Section 327 of the Crimes Act</em></strong></p>
<p>This provision imposes an obligation on all people over 18 years of age to report to Victoria Police an incident if they have a “reasonable belief” that child sexual abuse has been committed by another adult against a child under 16 years of age.  Child sex abuse includes, but is not limited to:</p>
<ol>
<li>rape of a child;</li>
<li>sexual assault of a child;</li>
<li>grooming of a child;</li>
<li>encouraging a child to engage or be involved in a sexual activity; and</li>
<li>causing or allow a child to engage or be involved in a sexual activity.</li>
</ol>
<p>A person must make this report as soon as it is practicable to provide that information unless they have a reasonable excuse for not doing so. A reasonable excuse includes fearing on reasonable grounds for the safety of any person other than the person reasonably believed to be the perpetrator of the child sex offence.  A reasonable excuse does not include protecting the perceived interests of the alleged offender or any organisation (including a sporting organisation).  In the absence of a reasonable excuse, a failure to report can result in up to three years imprisonment.</p>
<p>In the case of <em>PPA v Secretary to the Department of Justice and Community Safety (Review and Regulation) </em>[2019] VCAT 1962 (11 December 2019), it was established that a mother had committed an offence under section 327 because she had failed to report her daughter’s allegations of child sex abuse against her father to police.</p>
<p>The same offence would apply to anyone involved at a sporting organisation who witnesses an incident of child sex abuse or is informed of an account of child sex abuse by another person, including the victim</p>
<p>However, a person who is informed by a victim aged 16 years and above of their child sex abuse who does not wish for that information to be disclosed is generally not liable for an offence if they fail to report the allegations.</p>
<p><strong><em>Section 38 of the OHS Act</em></strong></p>
<p>This provision is different to the provision in the Crimes Act in that it concerns physical injuries to the child in a workplace rather than child sexual abuse, and is not specific to harm to children. It imposes an obligation on all workplaces covered by the OHS Act to report to WorkSafe Victoria (<strong>WSV</strong>) any safety incident which has occurred in the workplace and results in harm to the physical wellbeing of a person, including a child.  Harm to the physical wellbeing of the child includes, but is not limited to:</p>
<ol>
<li>Death of the child;</li>
<li>Injuries requiring hospitalisation; and</li>
<li>Injuries requiring immediate attention.</li>
</ol>
<p>The workplace must make this report immediately after becoming aware that the incident has occurred. A written record of the incident must also be provided to WSV, and kept for at least 5 years.  This record must be provided within 48 hours after becoming aware that the incident has occurred.</p>
<p>A failure to report a relevant incident under this provision is an indictable offence.  This can result in a fine of up to 240 penalty units (approximately $40,000) for natural persons or 1,200 penalty units (approximately $200,000) for body corporates, including sports clubs and organisations.</p>
<p>An example of where this may be relevant to a sports club or organisation is where a child is employed by a sports club and becomes injured at work.</p>
<p><strong>Conclusion</strong></p>
<p>Sports organisations should be aware of the risk of child abuse, and child sexual abuse in particular, and should be taking steps to prevent and report all instances of child abuse.  A failure to take steps may not only cause significant harm for any victims, but it may also result in criminal or civil liability for the sporting organisations or individuals within the sporting organisation who fail to take reasonable steps to report or protect against child abuse.</p>
<p>SportsLawyer understands that sports organisations may have further questions regarding their child safety reporting organisations. If your sports organisation needs assistance, please contact our sports law team at SportsLawyer on (03) 9642 0435 or reach out to us at info@sportslawyer.com.au.</p>
<p><strong>Disclaimer: </strong> Nothing in this article should be relied upon as legal advice.  The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought.  Please contact Paul Horvath on info@sportslawyer.com.au or phone (03) 9642 0435 to discuss any matter or to arrange an appointment.</p>
<p><em>Related article: <a href="https://www.sportslawyer.com.au/high-performance-training-and-child-protection-in-sport-coaching/" target="_blank" rel="noopener">High Performance Training and Child Protection in Sport Coaching</a></em></p>
<p><a href="https://www.sportslawyer.com.au/child-protection-in-sport-and-effective-management-of-allegations/" target="_blank" rel="noopener"><em>Striking a Balance: Child Protection in Sport and Effective Management of Allegations</em></a></p>
<p><strong>Sources</strong></p>
<p><em>Crimes Act 1958</em> (Vic)</p>
<p><em>Occupational Health and Safety Act 2004</em> (Vic)</p>
<p><em>Wrongs Act 1958</em> (Vic)</p>
<p><a href="https://www.abc.net.au/news/2021-10-05/swimming-coach-john-wright-accused-of-abusing-boys/100504054">https://www.abc.net.au/news/2021-10-05/swimming-coach-john-wright-accused-of-abusing-boys/100504054</a></p>
<p><a href="https://www.abc.net.au/news/2021-10-21/ex-swimming-coach-john-wright-extradited-on-child-abuse-charges/100556616">https://www.abc.net.au/news/2021-10-21/ex-swimming-coach-john-wright-extradited-on-child-abuse-charges/100556616</a></p>
<p><a href="https://www.abc.net.au/news/2021-10-20/swimming-coach-john-wright-accused-of-abuse-arrested/100555244">https://www.abc.net.au/news/2021-10-20/swimming-coach-john-wright-accused-of-abuse-arrested/100555244</a></p>
<p><a href="https://www.abc.net.au/news/2021-05-15/paedophile-coaches-turn-boyhood-dreams-into-nightmares-st-kilda/100080988">https://www.abc.net.au/news/2021-05-15/paedophile-coaches-turn-boyhood-dreams-into-nightmares-st-kilda/100080988</a></p>
<p><a href="https://www.abc.net.au/news/2021-05-19/advocate-peter-jess-st-kilda-little-league-paedophile-ring/100144382">https://www.abc.net.au/news/2021-05-19/advocate-peter-jess-st-kilda-little-league-paedophile-ring/100144382</a></p>
<p><a href="https://www.theage.com.au/national/victoria/gymnastics-victoria-sued-over-historical-sexual-abuse-by-independent-coach-20210722-p58c1n.html">https://www.theage.com.au/national/victoria/gymnastics-victoria-sued-over-historical-sexual-abuse-by-independent-coach-20210722-p58c1n.html</a></p>
<p><a href="https://www.abc.net.au/news/2021-05-03/gymnastics-australia-report-human-rights-commission-culture/100111962">https://www.abc.net.au/news/2021-05-03/gymnastics-australia-report-human-rights-commission-culture/100111962</a></p>
<p><a href="https://www.washingtonpost.com/sports/olympics/2021/10/21/simone-biles-still-scared-gymnastics/">https://www.washingtonpost.com/sports/olympics/2021/10/21/simone-biles-still-scared-gymnastics/</a></p>
<p>The post <a href="https://www.sportslawyer.com.au/its-not-childs-play-sports-organisations-and-child-safety-offences/">It’s Not Child’s Play: Sports Organisations and Child Safety Offences</a> appeared first on <a href="https://www.sportslawyer.com.au">Sportslawyer - Experts in Sports Law Melbourne &amp; Australia-wide</a>.</p>
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