Section 0 - Grievance Policy & Procedure
PURPOSE
Te Roopu Atawhai Inc. (TRA) is committed to ensuring a fair and just environment by ensuring members on all levels have access to processes that allow them to resolve legitimate complaints in a supportive environment. These procedures are designed for the resolution of grievances about decisions or actions that adversely affect members on all levels or other Roopu matters about which they are aggrieved.
SCOPE
This policy applies to ALL members of TRA in situations related to their involvement, participation, membership, studies or undertaking any type of activity at or with TRA.
RESPONSIBILITIES
ALL members of Te Roopu Atawhai Inc.
POLICY STATEMENT
Conciliation and negotiation are the guiding principles of this policy and accompanying procedures. The objective is to resolve matters in a timely fashion and as close as possible to the source, while ensuring equity and due process in that resolution.
These procedures do not pre-empt, limit or delay the parties to the grievance rights to pursue other avenues for resolution of grievances such as direct application to the Australian Industrial Relations Commission and the Human Rights and Equal Opportunity Commission. Where alternative avenues are used, the staff member will no longer have access to these grievance procedures for that particular matter.
NB: Settlements reached through the grievance process shall not constitute precedent.
LEGISLATIVE CONTEXT
Te Roopu Atawhai Inc. has undertaken to comply with the requirements of the:
- Commonwealth Human Rights and Equal Opportunity Commission Act 1986,
- Victorian Equal Opportunity Act 1995.
GRIEVANCE PROCEDURE
Step 1
Before proceeding with a grievance procedure, the aggrieved party should attempt to resolve the matter with the other person(s) involved. If the grievance is in relation to a decision made by the TRA Executive Committee or the Committee of Management, the first contact should be with the Chairperson.
If the grievance cannot be satisfactorily resolved at that level, or if the grievance is about the Chairperson in particular, then the grievance should be directed to the Vice Chairperson of TRA.
Step 2
If the member still feels aggrieved, they shall inform the Executive Officer, or if the grievance is with the Executive Officer, the Chairperson. Mediation with a mutually agreed upon mediator should then commence between the concerned parties. Either party may request a representative to be present at this meeting.
Mediator Selection Criteria (see Constitution – 8. Disputes and mediation)
A member of the Association can be a mediator.
- The mediator cannot be a member who is a party to the dispute.
- The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
- The mediator, in conducting the mediation, must:
- give the parties to the mediation process every opportunity to be heard; and
- allow due consideration by all parties of any written statement submitted by any party; and ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
- The mediator must not determine the dispute.
- If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
Step 3
If the grievance is still unresolved after this meeting, the matter shall be referred to the Committee of Management who shall gather all relevance information, schedule a meeting between the aggrieved parties and representatives and arrange a Mediator to facilitate this meeting. At the conclusion of this meeting a final decision shall be made.
Step 4
It is expected that steps1, 2 and 3 shall take place within 10 working days.
Step 5
If either party is unsatisfied with the outcome of Step 3, They may take the matter to:
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Nauru House, Lvl 42
80 Collins St
Melbourne 3000
PH: 9653 8200
Section 1 - Disciplinary Policy & Procedure
PURPOSE
TRA is committed and is obliged to provide a supportive environment for its members in which feedback of a constructive nature is given. The member has an obligation to act upon feedback and perform accordingly to the requirements set.
This procedure aims at describing the steps to ensure that the member has been provided with clear supervision and direction and that the member has met these directions
SCOPE
This policy applies to ALL members of TRA in situations related to their involvement, participation, membership, studies or undertaking any type of activity at or with TRA.
RESPONSIBILITIES
ALL members of Te Roopu Atawhai Inc.
LEGISLATIVE CONTEXT
Te Roopu Atawhai Inc. Constitution Model Rules – Rule 7. Discipline, suspension and expulsion of members
DISCIPLINARY PROCEDURE
Sub-Rule (1)
If the Committee of Management is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of TRA, the Committee of Management may by resolution–
- fine that member an amount not exceeding $500; or
- suspend that member from membership of the Association for a specified period; or
- expel that member from the Association.
Sub-Rule (2)
A resolution of the committee under sub-rule (1) does not take effect unless–
- at a meeting held in accordance with sub-rule (3), the committee confirms the resolution; and
- if the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
Sub-Rule (3)
A meeting of the committee to confirm or revoke a resolution passed under sub-rule (1)
must be held not earlier than 14 days, and not later than 28 days, after notice has been given to
the member in accordance with sub-rule (4).
Sub-Rule (4)
For the purposes of giving notice in accordance with sub-rule (3), the Secretary must, as
soon as practicable, cause to be given to the member a written notice –
- setting out the resolution of the committee and the grounds on which it is based; and
- stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
- stating the date, place and time of that meeting; and
- informing the member that he or she may do one or both of the following-
- attend that meeting;
- give to the committee before the date of that meeting a written statement seeking the revocation of the resolution;
- informing the member that, if at that meeting, the committee confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
Sub-Rule (5)
At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (1),
the committee must-
- give the member, or his or her representative, an opportunity to be heard; and
- give due consideration to any written statement submitted by the member; and
- determine by resolution whether to confirm or to revoke the resolution.
Sub-Rule (6)
If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
Sub-Rule (7)
If the Secretary receives a notice under sub-rule (6), he or she must notify the committee and the committee must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
Sub-Rule (8)
At a general meeting of the Association convened under sub-rule (7)–
- no business other than the question of the appeal may be conducted; and
- the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
- the member, or his or her representative, must be given an opportunity to be heard; and
- the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
Sub-Rule (9)
A resolution is confirmed if, at the general meeting, not less than two-thirds of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.
Section 2 - Sexual Harassment Policy & Procedure
PURPOSE
To affirm Te Roopu Atawhai Inc. (TRA) commitment to providing and maintaining a healthy and safe environment free from Harassment, sexual or otherwise, and to ensure that appropriate arrangements are in place to manage allegations of Sexual Harassment.
SCOPE
This policy applies to ALL members of TRA in situations related to their involvement, participation, membership, studies or undertaking any type of activity at or with TRA.
DEFINITIONS
Sexual Harassment – is persistent, unwelcome sexual behaviour which may be physical, verbal or visual when any of the following occur:
- It is uninvited, unreciprocated or unwelcome;
- such behaviour creates an intimidating, hostile or offensive environment for one or more members
- submission to such conduct is implicitly or explicitly a term or condition of an individual’s membership opportunities
Some forms of sexual harassment include:
- Sexually offensive staring, leering or gesturing
- Sex oriented verbal suggestions
- Sexually based jokes, remarks or innuendoes directed at an individual
- Displays of offensive pictures and/or publications
- Physical contact of a sexual nature, such as pinching, patting or brushing against a person unnecessarily
- Demanding or offering sexual favours in exchange for a position or to keep a position
- Demeaning comments about appearance
- Persistent and unwelcome approaches
- More serious forms of sexual assault that could be matter for police proceedings
POLICY STATEMENT
Sexual Harassment is totally unacceptable at Te Roopu Atawhai Inc. and ALL financial members are expected to treat each other with respect. Sexual Harassment leads to individual distress and organisational disruption. It can cause physical and psychological harm.
Te Roopu Atawhai Inc. encourages the early reporting of any allegations of Sexual Harassment and is committed to implementing a prevention program which include the following measures:
- Creating awareness of this policy and procedure
- Informing, instructing and training for administrative staff and tutors
- Encouraging reporting
Our Sexual Harassment Policy
Copies of this Sexual Harassment Policy are available from the Te Roopu Atawhai Inc. Secretary
RESPONSIBILITIES
ALL members of Te Roopu Atawhai Inc.:
- Are responsible for their own behaviour and must not participate in or encourage Sexual Harassment;
- Are discouraged from using an intimidating interpersonal style characterised by disrespect, putdowns etc, although the behaviour may not constitute Sexual Harassment;
- Who believe they are being Sexually Harassed, or who are aware of or witness Sexual Harassment within TRA should report it promptly in accordance with the procedure;
- May face disciplinary action if they participate in or encourage Sexual Harassment.
Forms/Record Keeping
The Secretary of the Executive Committee is required to keep file notes of any complaint, witness report and action under the Informal or Formal Procedures. Such files notes are to be marked strictly confidential and held in a secure and restricted filing cabinet. Notes should be kept to a minimum stating only facts and relevant details (including names, dates, times etc) as described by the parties and the outcome of the interview.
At the conclusion of the process, the confidential file should be forwarded to the Chairperson for perusal. If the complaint is taken outside Te Roopu Atawhai Inc. this record may be used to demonstrate what steps were taken to settle the complaint.
LEGISLATIVE CONTEXT
Te Roopu Atawhai Inc. has undertaken to comply with the requirements of the:
- Commonwealth Human Rights and Equal Opportunity Commission Act 1986,
- Commonwealth Sex Discrimination Act 1984,
- Victorian Equal Opportunity Act 1995.
SEXUAL HARASSMENT PROCEDURE
Step 1
In the first instance, the person with a grievance shall contact the Chairperson, unless the complaint is against the Chairperson, in which case they shall contact the Vice Chairperson or another committee member of the preferred gender who is willing to assist in raising the matter with the Chairperson and the Committee.
Signed statements shall be obtained from both parties and kept by the Committee of Management for future references.
The Chairperson shall be notified of the complaint by the relevant committee member, who shall notify the respondent as fully as possible of the complaint and of what has been alleged against them. The respondent shall be asked to explain their case.
Step 2
The Chairperson shall call upon the services of a Mediator, acceptable to both parties and attempt reconciliation. The Chairperson shall also refer the complainant to appropriate counselling services.
Step 3
Should reconciliation prove impossible, the Chairperson shall advise the Committee of Management of this. The matter shall thin be referred to the Equal Opportunity Board or relevant Government Agency for adjudication. All Committee of Management discussions pertaining to this matter shall be in the strictest Confidence
Step 4
All records and matters pertaining to such a grievance will be kept in confidence
Step 5
All members who have been involved in a sexual harassment case will be monitored to ensure that:
- the complainant receives sufficient support and is not victimised in any way for having lodged a complaint or is harassed any further.
- the respondent does not repeat the behaviour, and/or if this occurs, the disciplinary procedure continues to be put into place.
Step 6
The Chairperson shall ensure that the complainant is made aware of all external avenues available as well as proceeding with internal policy proceedings – this means that disciplinary and instant dismissal procedures can be commenced if the circumstances warrant it.
The Equal Opportunity Office:
365 Collins St
MELBOURNE 3000
PH: (03) 9602 3222
Section 3 - Bullying & Prevention Management Policy & Procedure
PURPOSE
To positively influence the behaviour of Te Roopu Atawhai Inc. (TRA) members so that a safe and respectful environment is maintained and free from bullying. To ensure that appropriate arrangements are in place to manage allegations of bullying.
SCOPE
- This Procedure applies to ALL members of TRA in situations related to their membership, studies or activities at/with TRA.
- This Procedure is not intended to, and does not diminish, any managerial prerogative to direct and control how work is done for TRA, other than in terms of ensuring, so far as practicable, the health and safety of its members. It is not intended to apply to poor or bad management practices that do not constitute bullying.
- This Procedure does not cover situations where a member has a grievance about legitimate and reasonable:
- performance management processes
- disciplinary action
- allocation of work loads
- If a Complainant has a complaint, which could be considered under a number of different TRA grievance procedures, the Complainant must choose which procedure they would like to use to have the matter resolved. A Complainant is not able to make applications under different procedures in relation to the same subject matter or incident.
- TRA will be guided by the following principles in attempting to resolve bullying issues:
- ensure so far as reasonably practicable the health and safety of all parties
- be fair and equitable
- ensure the Principles of Natural Justice are upheld
- ensure privacy and confidentiality
- be aimed at resolving the problem rapidly
- ensure people are not victimised as a result of using this Procedure.
DEFINITIONS
Bullying – a form of persecution with these key features:
- Directed towards a specific person or persons;
- Unreasonable behaviour which causes harm to another person’s body, feelings, property or reputation;
- Distress for the recipient;
- Repetition of the harmful actions;
- A power imbalance (which can be obtained in a variety of ways such as numbers in a group, official position or stronger social influence)
- Inability of the targeted person(s) to easily leave or avoid the situation
Unreasonable behaviour
- Refers to behaviour that a reasonable person, having regard to all the circumstances, would expect to humiliate, intimidate, undermine or threaten. In this context, the hypothetical reasonable person does not require total knowledge of every aspect of the situation – rather this person knows as much as the alleged bully could reasonably be expected to know.
Repetition – refers to the persistent nature of the behaviour, not the specific form the behaviour takes.
1. Behaviour is considered “repeated” if an established and consistent pattern can be identified over a period of time.
Principles of natural justice – involves all of the following elements:
- The right to a fair and prompt hearing
- Presumption of innocence until proven guilty
- The right to attend hearings with a friend or support person, if required
- The opportunity for all parties involved to be heard
- The respondent having full knowledge of the nature and substance of the complaint
- The complainant not determining the outcome, but may be a party to it
- The right to an independent, unbiased decision-maker
- A final decision that is based solely on the relevant evidence
RESPONSIBILITIES
ALL members of Te Roopu Atawhai Inc.:
- Are responsible for their own behaviour and must not participate in or encourage bullying;
- Are discouraged from using an intimidating interpersonal style characterised by disrespect, putdowns etc, although the behaviour may not constitute bullying;
- Who believe they are being bullied, or who are aware of or witness bullying within TRA should report it promptly in accordance with the procedure;
- May face disciplinary action if they participate in or encourage bullying.
Tutor are expected to:
- Take reasonable steps to stop members behaving disrespectfully during practise or in other academic or teaching contexts; and
- Report member behaviour consistent with bullying in accordance with this procedure.
Project Managers are expected to:
- Take reasonable steps to stop any behaviour which is consistent with bullying or which is disrespectful, even if unreported; and
- Take seriously any reports of membership bullying and investigate them promptly, confidentially and impartially; and
- Publicise the terms of the policy and this procedure.
- Providing advice and suitable independent resolution officers and investigators in accordance with this Procedure.
The Executive Committee is expected to:
- Provide advice and procedural guidance to all parties in accordance with this Procedure and for providing suitable independent resolution officers and investigators in accordance with this Procedure.
- The Chairperson , has overall responsibility for the implementation and review of this Procedure.
Forms/Record Keeping
The Secretary is required to keep file notes of any complaint, witness report and action under the Informal or Formal Procedures. Such files notes are to be marked strictly confidential and held in a secure and restricted filing cabinet. Notes should be kept to a minimum stating only facts and relevant details (including names, dates, times etc) as described by the parties and the outcome of the interview.
At the conclusion of the process, the confidential file should be forwarded to the Chairperson for perusal. If the complaint is taken outside Te Roopu Atawhai Inc. this record may be used to demonstrate what steps were taken to settle the complaint.
LEGISLATIVE CONTEXT
Te Roopu Atawhai Inc. has undertaken to comply with the requirements of the:
- Commonwealth Human Rights and Equal Opportunity Commission Act 1986,
- Commonwealth Racial Discrimination Act 1975,
- Commonwealth Racial Hatred Act 1995,
- Commonwealth Sex Discrimination Act 1984,
- Victorian Equal Opportunity Act 1995,
BULLYING PROCEDURE
Preliminary Procedure – Advice
- A member who experiences bullying may seek advice from:
- An Executive Committee Member
- Tutor(s)
- Elder/ Kaumatua
- Parent(s)
Preliminary Procedure – Support
- Support a member who experiences bullying and may seek advice from:
- An Executive Committee Member
- Tutor(s)
- Elder/ Kaumatua
- Parent(s)
Preliminary Procedure – Personal Resolution
- A person who experiences bullying may resolve the issue directly with the other party concerned and if required with the assistance of an agreed upon Mediator. Any meeting with the person(s) who is/are allegedly bullying should be respectful, civil and where possible objective.
- Persons experiencing bullying may:
- Keep a diary of the alleged bullying
- Assemble, where practical, any objective evidence of the bullying, including the names of witnessesRequest to be removed from the situation, or request alternate arrangements, until the matter is resolved. This request should be in writing to the Chairperson of Te Roopu Atawhai Inc. or Secretary if a complaint is against the Chairperson , together with reasons for the request.
Secondary Procedure – Informal Procedure – Conflict Resolution
- While this stage is not compulsory, in many cases a meeting with an independent Mediator qualified to manage conflict resolution, can assist the parties in understanding their differing points of view and can lead to constructive resolution of the issue(s).
- A request for conflict resolution should be referred to the Chairperson if requested by a member, who will negotiate the appointment of an appropriate Mediator with all parties. The Mediator and person(s) involved should be provided with documentation outlining the instances of bullying, name(s) of person(s) involved and any other material (i.e. emails, letters etc) relevant to the allegations.
- The calling of a conflict resolution conference does not imply there is a case to answer or that any conduct complained of has occurred. It is not the Mediator’s role to make a formal finding but to assist the parties to reach a mutually agreed resolution to the problem, where possible.
Tertiary Procedure – Formal Procedures
- The Formal Procedure should be invoked where a complaint of bullying cannot be resolved promptly or locally or one or more parties has lodged a written complaint asking for formal resolution. The written complaint should be forwarded to the Secretary of the Executive Committee.
- Within 5 working days of receiving all relevant documentation pertaining to the complaint, the Chairperson or Secretary will determine whether the subject matter of the complaint, prima facie, falls within the bullying definition. If it is determined that the subject matter of the complaint does not constitute bullying in accordance with the Policy, the complainant will be referred to the Grievance Procedure.
- If the subject matter of the complaint, prima facie, falls within the bullying definition, the Chairperson or Secretary of the Executive Committee will formally notify any persons specifically mentioned in the complaint of:
- Any matters directly involving them;
- This process;
- Their right to an impartial investigator nominated by the Chairperson or Secretary of the Executive Committee;
- Their right to respond and the appropriate manner of response. This will usually be in writing and through cooperation with the investigator;
- The need to avoid any confrontation or actions that may be perceived to aggravate the situation and the need to act prudently, confidentially and sensitively in matters surrounding the complaint.
- If the complaint includes aspects which might constitute unlawful discrimination or harassment as defined under TRA’s Equal Opportunity Policy, the Policy Developer and the Secretary, must be consulted.
- The Chairperson or Secretary of the Executive Committee will promptly nominate a Mediator independent to the parties and the subject matter of the complaint, notify all the parties and act as the liaison point for the Mediator throughout the formal process.
- Where practicable, the Mediator will promptly advise all parties of the process to be used and the expected timeline and will within twenty (20) working days of being appointed:
- Interview the complainant, the person(s) who is/are allegedly bullying and any witnesses and seek any further information, documents or evidence the Mediator considers necessary. All interviews and the investigation will be conducted in accordance with Principles of Natural Justice and will be conducted in order to establish the facts as clearly as possible and to record the views of the relevant parties accurately;
- provide a report to the Chairperson or Secretary of the Executive Committee of the investigation and recommendations of appropriate action/resolution which may include:
- conciliatory action by the person(s) who is/are allegedly bullying, such as an apology and commitment to cease the inappropriate behaviour
- conflict resolution between the parties
- other organisational measures such as appropriate training for the alleged bully or area concerned
- disciplinary action against the bully
- disciplinary action against the complainant, if the complaint is found to be vexatious
- dismissal of the complaint with no action required.
- On receipt of the report, the Chairperson or Secretary of the Executive Committee will:
- take such action as the Chairperson or Secretary of the Executive Committee deems appropriate; and
- notify the parties in writing, conveying the results of the investigation, the reasons for the Chairperson or Secretary of the Executive Committees subsequent decision and specifying any action to be taken.
- The decision of the Chairperson is the final step in the grievance process and is not open to challenge via any other dispute settling procedures of TRA.
- If a complaint is against the Chairperson of the Executive Committee, for the purposes of the Formal Procedure, the Vice Chairperson will act in place of the Chairperson.
Section 4 - Social Media & Blogging
PURPOSE
Te Roopu Atawhai Inc. is committed to supporting your right to interact knowledgeably and socially in the blogosphere and on the Internet through blogging and interaction in social media such as YouTube, Bebo, Facebook and Twitter to name a few.
This policy is primarily designed to protect the privacy, confidentiality, and interests of Te Roopu Atawhai Inc. and our current and potential products, members, partners, customers, and competitors.
Note that these policies and guidelines apply only to membership related sites and issues and are not meant to infringe upon your personal interaction or commentary online.
SCOPE
This policy applies to ALL members of Te Roopu Atawhai Inc. in situations or circumstances related to their involvement, undertaking or participation of any activity for Te Roopu Atawhai Inc.
DEFINITIONS
Member Of Te Roopu Atawhai Inc.
- A person who has satisfied ALL financial fee requirements of Te Roopu Atawhai Inc. and also includes members of any committee or other body established by or constituted under Te Roopu Atawhai Inc. policies and procedures.
POLICY STATEMENT
Confidential Information
You may not share Video, images of Roopu members or information that is confidential and proprietary about Te Roopu Atawhai Inc.. This includes information about lyrics, composition, vocal arrangements, trademarks, upcoming product releases, sales, finances, number of products sold, number of members, organisation strategy, and any other information that has not been publicly released by Te Roopu Atawhai Inc.
These are given as examples only and do not cover the range of what TRA considers confidential and proprietary. If you have any question about whether information has been released publicly or doubts of any kind, speak with the Public Relations Officer or the Secretary before releasing information that could potentially harm our Roopu, or our current and potential products, members, partners, and customers.
Te Roopu Atawhai Inc. logo and trademarks may not be used without explicit permission in writing from TRA. This is to prevent the appearance that you speak for or represent the Roopu officially.
Respect and Privacy Rights
Speak respectfully about the Roopu and our current and potential members, customers, partners, and competitors. Do not engage in name calling or behaviour that will reflect negatively on Nga Manu Waiata Inc’s reputation. Note that the use of copyrighted materials, unfounded or derogatory statements, or misrepresentation is not viewed favourably by Te Roopu Atawhai Inc. and can result in disciplinary action up to and including membership termination.
TRA encourages you to write knowledgeably, accurately, and using appropriate professionalism. Despite disclaimers, your Web interaction can result in members of the public forming opinions about Te Roopu Atawhai Inc. and its members, partners, and products.
Honour the privacy rights of our current members by seeking their permission before writing about or displaying internal Roopu happenings that might be considered to be a breach of their privacy and confidentiality.
Competition
You may not sell any product or service that would compete with any of Te Roopu Atawhai Inc.’s products or services without permission in writing from the Chairman. This includes, but is not limited to Video sharing, video upload to YouTube, training, books, products, policies, procedures and freelance writing. If in doubt, please speak with a Committee of Management member.
If you are developing a site or writing a blog that will mention our Roopu and/or our current and potential products, members, partners, customers, and competitors, as a courtesy to the Roopu, please let the Secretary or the Chairman know that you are writing them. The Executive Committee may choose to visit from time to time to understand your point of view.
Legal Liability
Recognise that you are legally liable for anything you write or present online. Members can be disciplined by the Roopu for commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libellous, or that can create a hostile Roopu environment. You can also be sued by Roopu members, competitors, and any individual or company that views your commentary, content, or images as defamatory, pornographic, proprietary, harassing, libellous or creating a hostile Roopu environment.
Media Contact
Media contacts about our Roopu and our current and potential products, members, partners, customers, and competitors should be referred for coordination and guidance to the Secretary or Chairman. This does not specifically include your opinions, writing, and interviews on topics aside from our Roopu and our current and potential products, members, partners, customers, and competitors.
Website Etiquette
TRA asks that you do not:
- Use vulgar, profane, offensive or obscene language.
- Post or request sexually explicit images or other offensive content.
- Exploit a minor in any way.
- Use racially, religiously or sexually offensive language.
- Discuss illegal activity, such as how to get drugs and how to make bombs.
- Ask for or offer sexually explicit images, and/or material harmful to children.
- Harass, threaten, embarrass, or do anything else to another TRA user that is unwanted.
- Infringe anyone else’s intellectual property rights, including but not limited to any copyright, trademark, rights of publicity, or other proprietary rights.
- Impersonate or represent TRA.
- Link to content not allowed on TRA.com.
- Try and get a TRA member’s password or other account information.
- Post or request personal or other information from a minor (any person under the age of 18).
RESPONSIBILITY
ALL members of Te Roopu Atawhai Inc.:
- Are responsible for their own behaviour and conduct whilst online and must not participate in or encourage activities contrary to this policy;
- May face disciplinary action if they participate in or encourage activities contrary to this policy.
LEGISLATIVE CONTEXT
Te Roopu Atawhai Inc. has undertaken to comply with the requirements of the:
- Privacy Act 1988,
- National Privacy Principles included in the Privacy Act (Private Sector) Amendment Act 2000,
- Victorian Information Privacy Act 2000 (VIP Act).
- Commonwealth Human Rights and Equal Opportunity Commission Act 1986,
- Commonwealth Racial Discrimination Act 1975,
- Commonwealth Racial Hatred Act 1995.
Section 5 - Financial Policy & Procedure
PURPOSE
The Te Roopu Atawhai Inc. (TRA) is committed to responsible financial management. The entire organisation will work together to make certain that all financial matters of the organisation are addressed with care, integrity, and in the best interest of the TRA.
SCOPE
The policy and procedural guidelines contained in this policy & procedure are designed to:
- Protect the assets of TRA
- Ensure the maintenance of accurate records of TRA financial activities;
- Provide a framework of operating standards and behavioural expectations; and,
- Ensure compliance with federal, state, and local legal and reporting requirements.
DEFINITIONS
Indemnity Policy
- To the full extent that it shall have from time to time under applicable law and in the manner from time to time prescribed or permitted by applicable law, TRA may indemnify any past, present or future Director, Officer, Employee, Staff Volunteer or Agent of against all costs, expenses and liabilities, including solicitor fees, actually and necessarily incurred by or imposed upon them in connection with or resulting from their involvement with TRA.
- No such reimbursement or indemnity shall relate to any expense incurred or settlement made in connection with any matter arising out of their negligence or misconduct as determined either by a court of competent jurisdiction or, in the absence of such a determination, by TRA acting on the advice of counsel.
- TRA shall purchase and maintain insurance on behalf of any person who is or was serving at the request of TRA, as a Director, Officer, Employee, Agent, Staff Volunteer or other enterprise, against any liability asserted against him or her and incurred by him or her in any such capacity, or arising out of his or her status as such.
Investment Policy
The investment objectives of TRA, in order of importance, shall be the safety of principal, liquidity, and a competitive rate of return.
General Investment Guidelines
- TRA’s Committee shall have the responsibility for the administration of the investment policy and for establishing any specific guidelines as to the mix and quality of the investment account(s).
- Developing Investment Policies Delegation of Responsibility
- Should define who is responsible and what they are responsible for
- Should include internal groups/individuals, i.e., Committee, Treasurer, Finance Committee, and may include staff
- Should also include external groups such as investment managers, bank custodians and investment consultants.
Determining Mix and Quality of Investments
- Need to determine TRA ’s ability to assume risk (Risk Tolerance)
- Need to determine the TRA ’s attitude and expectations about investing (Risk Preference)
- The Risk Tolerance and Risk Preference should be compatible with each other to ensure long-term continuity in the investment program.
- Need to establish an investment time horizon – the amount of time you are willing to set aside for an investment to meet your objectives.
- Any investment restrictions should be explicitly stated in the Policy Statement. Investment restrictions often deal with issues related to prohibited securities, quality, diversification requirements, or social issues. The amount of risk the TRA is willing to assume will determine what types of investments are available to the TRA. In order to reduce the overall risk, an TRA may consider a mix of investments, which may include fixed-income
- Investments (low risk/lower returns) with some equity investments (investments with higher returns accompanied by higher risks).
POLICY STATEMENT
The Chairman of TRA has the responsibility for administering these policies and ensuring compliance with procedures that have been approved by the Committee of Management. Exceptions to written policies may only be made with the prior approval of the Committee. Changes or amendments to these policies may be approved by the Committee of Management at any time. A complete review of the policies shall be conducted every two years.
Every Administrative member with financial related responsibilities is expected to be familiar with and operate within the parameters of these policies and procedures.
FINANCIAL REPORTING
- Annual budgets are prepared by the Treasurer and Assistant Treasurer and approved by the Committee of Management.
- Budgets are reviewed mid-year (December) and are adjusted as necessary to reflect changing conditions.
- A Chart of Accounts is available and used to code receipts and disbursements to the proper accounts.
- Non-standard journal entries are discussed with the CPA to ensure proper accounting treatment.
- Detailed Financial Reports are provided to the Committee at each Committee meeting.
- Reference explanations for any and all budget variances of 10% or more are contained for the above referenced reports.
- Annual audits will be conducted by an independent CPA at the close of each fiscal year. Copies of these reports will be made available to the public.
- The Fiscal Period for the TRA shall be July 1 to June 30.
Safeguarding Assets
- The Chairman shall have primary responsibility for ensuring that proper Financial Management procedures are maintained and that the policies of the Committee are carried out.
- The Committee shall provide fiscal oversight in the safeguarding of the Assets of the TRA and shall have primary responsibilities for ensuring that all internal and external financial reports fairly present its financial condition.
- A proper filing system will be maintained for all financial records.
- Actual income and expenditures will be compared to the budget on a quarterly basis.
- All excess cash will be kept in an interest bearing account.
- Bank statements are promptly reconciled on a monthly basis.
- Documents on all securities and fixed assets will be kept in a locked fire-proof file. Inventory records will contain description, serial numbers, date of purchase or receipt, valuation, and date of valuation.
- Appropriate insurance for all assets will be maintained.
Computer Controls
- The Treasurer and the Assistant Treasurer are responsible for inputting the financial data into the computer for generating financial reports. Only the Treasurer and the Assistant Treasurer will have access to the password required to log onto the system.
- Batch totals are calculated prior to input and compared to batch totals calculated by the system. Any errors made during the inputting of information will be corrected.
- Detailed printouts of cash receipts and cash disbursements are to be obtained. The Treasurer and the Assistant Treasurer are responsible for comparing the detailed printouts to source documents for accuracy.
- All subsidiary account balances are reconciled to the control accounts monthly.
- A trial balance on the general ledger totals should be obtained and compared to detailed reports for accuracy of balances.
Policies On Disbursements
- Expenditure requests will be initiated from the Minutes and approved within specified authority by the Chairman.
- Pre-numbered cheque requests should be used and sequences accounted for monthly.
- The Chairman approves cheque requests after comparing to supporting documentation. The bookkeeper prints the pre-numbered cheques only with approved requests. The unsigned cheque, support and request are presented to authorized cheque signers for their signatures (information on cheques is compared to support for accuracy).
- Three signatures are required on all TRA cheques regardless of amount.
- All disbursements, except petty cash, are made by cheque.
- All cheques are pre-numbered and accounted for monthly.
- All voided cheques must be defaced and retained either on the cheque stub or with cancelled cheques.
- No cheques may be written to “cash” or “bearer”.
- Blank cheques are stored in a locked drawer.
- The Assistant Treasurer is responsible for invoices and cheque requests being marked “PAID” once they have been.
- A petty cash account is used. The amount of the petty cash account is $300.
- Vouchers are required for all petty cash disbursements. The petty cash fund is reconciled (beginning amount less voucher amounts) before the fund is replenished.
- The Chairman and two of the Committee are the three signatures which are required on all cheques. If the Chairman is absent, two Committee’ signatures are required.
- Blank cheques may never be signed in advance.
Policies On Receipts
- Two copies of all receipts are made; one for deposit file documentation and one for source file documentation (i.e., loan files or grantor files)
- All cheques are stamped with “Deposit only” stamp immediately upon receipt.
- All cash receipts are recorded on pre-numbered duplicate receipts.
- The Treasurer will be responsible for preparing the documentation on receipts for deposits and the Assistant Treasurer will be responsible for making daily deposits.
- Copies of all receipts are given to the Treasurer, who prepares the detailed cash listing to be posted to the general ledger (amount, date received, account number, etc.
- This listing is compared to the Assistant Treasurer’s cash journal to ensure all postings equal amounts deposited.
- A copy of the deposit slip from the Bank is compared and attached to the corresponding receipt copies and cash listing.
RESPONSIBILITY
Committee of Management:
- Has the authority to execute any policies it deems to be in the best interest of the TRA within the parameters of the TRA’s articles of incorporation, bylaws, or federal, state, and local law.
- Has the authority to amend the bylaws; adopt a plan of merger or consolidation; sell, lease, exchange, mortgage, pledge or make any other disposition of all or substantially all of the property and assets of the TRA.
Chairman:
- Has authority to recommend spending decisions within the parameters of the approved budget; employ and terminate personnel and Contractors; recommend salary levels; recommend the creation and amending of operating procedures and controls; recommend decisions regarding the duties and accountabilities of personnel and the delegation of decision-making authority; enter into contractual agreements within Committee designated parameters.
Treasurer:
- Has whatever authority as may be designated by the Committee to choose the auditor; perform regular, in-depth reviews of the TRA’s financial activity; oversee the development of the annual budget and determine the allocation of investment deposits.
- Has the authority to design the TRA’s accounting system; recommend spending decisions within the parameters of the approved budget; recommend decisions regarding the disposition of investments within the parameters of the investment policy; recommend fixed asset purchase decisions over a certain dollar amount and recommend decisions regarding the allocation of expenses
Project Managers:
- Have the authority to make spending decisions within the parameters of the approved portfolio or program budget subject to the approval of the Committee of Management.
FINANCIAL PROCEDURES
Cash Receipts
- All cheques and cash receipts received through the mail are restrictively endorsed immediately by the secretary and recorded in the cash receipts register, listing the date received, payer, cheque #, and amount received.
- The secretary will make two copies of each cash receipt, and deliver all cash received and copies to the Assistant Treasurer.
- The Assistant Treasurer shall prepare the bank deposit daily, attaching a copy of the deposit slip and deposit receipt to the cash receipts copies, and forward the entire package to the Treasurer.
- The Treasurer shall code all cash receipts according to the chart of accounts, and compare the cash deposit receipt with the secretary’s listing of cash receipts for that day, to ensure that all cash receipts are deposited in the bank account. The Treasurer then prepares a deposit summary sheet, attaching 1 copy of each cash receipt, the deposit slip copy, and the bank deposit confirmation slip. The second copy of the cash receipt is filed by type of revenue/support.
- The Assistant Treasurer prepares the cash receipts journal on a timely basis, using the cash receipts summary sheet.
- The Treasurer posts the cash receipts journal to the general ledger on a timely basis.
Cash Disbursements
- All invoices received are stamped with the date received by the secretary, and are directed to the Treasurer.
- The Treasurer obtains approval of all invoices and expenditures by authorised personnel.
- The Treasurer prepares pre-numbered cheque requests for the approved expenditures.
- The Treasurer prepares all cheques for the approved expenditures, using pre-numbered cheques.
- The cheques, with support documentation (approved invoices, cheque requests), are forwarded to the Chairman. The Chairman reviews all cheques and supporting documentation prior to signing cheques. The Treasurer will be responsible for obtaining the second and third signature from an authorised Committee member.
- After the cheques are signed, the Assistant Treasurer stamps the cheque request and all supporting documentation “PAID”, noting cheque number and date. The Assistant Treasurer will then make two copies of each cheque and cheque request. The cheque
- Copies and supporting documentation is then submitted to the Treasurer. The Assistant Treasurer is responsible for mailing all cheques.
- The Treasurer will file one copy of the cheque, with supporting documentation attached, in numerical order. The second copy of the cheque and cheque request is filed by vendor, in alphabetical order.
- The Assistant Treasurer prepares the cash disbursements journal on a timely basis, using the cheque file.
- The Treasurer posts the cash disbursements journal to the general ledger on a timely basis, using the cash disbursements journal.
Bank Reconciliations
- The Treasurer shall maintain a record of all bank transactions, listing all cheques disbursed and all receipts deposited on a daily basis. This “Bank Book” shall show the current bank balance for all bank accounts.
- On a monthly basis, the Treasurer will reconcile the bank statements to the Bank Book, and notify the Chairman of any discrepancies.
- The Chairman will resolve all discrepancies with the assistance of the Treasurer, Assistant Treasurer and the bank, if necessary. The Chairman will report the resolution of the discrepancies to the Treasurer.
- The Treasurer will adjust the Bank Book as needed.
- The Treasurer will reconcile the Bank Book to the general ledger cash accounts on a monthly basis.
Billings And Receivables
- All rates for services and prices for goods are established and approved by the Committee.
- All billings for services or goods are approved in advance by authorised personnel.
- The Assistant Treasurer prepares all billings and invoices on a timely basis. Prior to mailing the billing/invoices, the bookkeeper makes two copies of the billing/invoice. One copy is submitted to the Treasurer, and the other copy is placed in the open invoice file/receivables records.
- The Assistant Treasurer records the billing/invoice in the accounts receivable ledger on a timely basis.
- The Treasurer posts the accounts receivable ledger to the general ledger on a timely basis, utilizing the billing/invoice copies.
- The Treasurer reconciles the accounts receivable ledger to the general ledger on a monthly basis.
- The Treasurer prepares a status report on all outstanding receivables, on a monthly basis, and submits the report to the Chairman.
- The Assistant Treasurer initiates collection procedures on all invoices older than 30 days.
- All receivables records are maintained in a locked file cabinet.
Accounts Payable
- All approved invoices are submitted to the Treasurer promptly upon approval.
- The Treasurer records all invoices in the accounts payable ledger immediately upon receipt, and places the invoices in the unpaid open invoice file.
- All invoices from unfamiliar or unusual vendors must be reviewed by the Committee for approval.
- All payments are immediately recorded in the accounts payable ledger by the Assistant Treasurer.
- The accounts payable ledger is reconciled with the general ledger by the Treasurer on a monthly basis.
Petty Cash Fund
- The Petty Cash Fund is maintained on an imprested basis.
- The Assistant Treasurer will act as the custodian of the petty cash fund.
- Petty cash disbursements are limited to $300 in amount.
- Any Committee Member receiving petty cash must sign a petty cash voucher. The petty cash voucher must list the amount received, the purpose for which the cash is needed, and the date of the purchase. In addition, receipts for goods/services purchased must be attached to the petty cash voucher.
- The Assistant Treasurer must submit a cheque request for reimbursement of the petty cash fund to the accountant. All petty cash vouchers used must be attached to the cheque request as supporting documentation.
- All cheques for reimbursement of the petty cash fund must be made payable to the Assistant Treasurer.
- Periodically, the Treasurer and the Chairman will make surprise counts of the petty cash funds.
- The petty cash fund will be kept in a fire-resistant box, located in a locked file cabinet.
TREASURY POSITION HANDOVER
- At the AGM, the Treasurer will obtain a copy of the Constitution, minutes of the meeting, a letter from the committee stating and reaffirming the Treasury position handover and any other documents aiding in the speedy transition of the Treasury position.
- The Treasurer will ensure that all documentation pertinent to the administration of the TRA’s finances, are in a coherent, organised and auditable manner prior to the handover.
- The Treasurer and the new Treasurer will undertake several meetings, in which time the new treasurer will familiarise themselves with the scope and breadth of their financial accountabilities, organisational responsibilities, previous accounting methods, electronic records, use of financial software and database systems and all other manner of knowledge or expertise that may aid in the transition period for the new Treasurer.
- The Treasurer at the same time, will submit documentation to have the previous treasures deregistered from internet banking
- Prior to obtaining a copy of the file titled: Form – Elec. Banking Deregistration, ensure that the signatory information is current and correct. The Treasurer will also amend this information if necessary.
- The Treasurer will obtain all signatures from the signatories to the account and comply with any other directive implicit on the Deregistration Form
- The new Treasurer and the Assistant Treasurer will obtain a copy of the minutes of the AGM and submit this document, along with the Deregistration Form, to the bank in person. The new Treasurer and the Assistant Treasurer will also ensure to have at least 100 points worth of identification with them when submitting the above documents to bank personnel.
- Request any forms necessary for the speedy transition of the Registration process and ensure that there is a clear understanding of the purpose of this form and its submission date.
- If the new Treasurer or the Assistant Treasurer are not a banking constituent of the financial institution the TRA banks with, they may have to undergo a “Profile” registration process, whereby they provide 100 points of identification to validate the Deregistration Form and prove and authenticate the minutes with the handover of the Treasury positions.
- After lodging the Deregistration Form to the bank, it may take up to 3 days for it to be processed, the new Treasurer and/or the Assistant Treasurer will be duly notified by the bank that the previous Treasurer(s) have been successfully deregistered from electronic banking, and the system is ready to receive new registrations.
- The new Treasurer will submit any forms, documents or identification to the bank to aid in the speedy transition of the registration process.
Section 6 - Dress Code & Uniform Policy
PURPOSE
Te Roopu Atawhai Inc. is committed to ensuring a professional image at every performance, engagement, meeting or any other type of public outing by enabling clear identity of members and demonstrating a corporate image. This policy sets out the arrangements and standards in relation to the wearing of the approved Corporate, Travel and Traditional uniform to ensure that all members maintain public confidence in the services provided by Te Roopu Atawhai Inc.
This document sets out principles and policy in relation to Dress Code and Uniform and will require the Victorian Events project Manager and the Tutors to interpret it in light of local and current circumstances.
SCOPE
- This policy applies to ALL members of TRA in situations related to their involvement, participation, membership or undertaking any type of activity with Te Roopu Atawhai Inc.
- This policy & procedure excludes Kapa Haka practises.
DEFINITIONS
Visible Body Piercings
These should be kept to a minimum and the Victorian Events Project Manager in conjunction with the Tutors, should consider the appropriateness given the nature of the performance and the impact on audience and public confidence.
Clothing
All clothing worn must be clean, neat and in good repair. Short, revealing, or transparent clothing is NOT acceptable.
Footwear
Appropriate footwear (Black) must be worn for the environment and nature of the performance. Jandals, Sandals, Flip flops and/or similar footwear are inappropriate.
Jewellery
When performing in any context for TRA, only the following jewellery items are permissible to be worn:
- One pair of Mako earrings in earlobes;
- One Taonga around the neck;
Hairstyle
When performing in the approved TRA Traditional uniform, ALL WOMEN will be required to wear their hair in a bun. If a bun is not practicable as a result of the length of hair, all efforts should be employed to create the illusion of a bun hair style with whatever hair styling conventions deemed appropriate.
Dress/Travel Uniform
The approved Te Roopu Atawhai Inc. Dress uniform comprises of the following items:
WOMEN | MEN |
The Official TRA T-Shirt with the Official Logo | The Official TRA T-Shirt with the Official Logo |
The Official TRA Blazer with the Official Logo | The Official TRA Blazer with the Official Logo |
The Official TRA Jacket with the Official Logo | The Official TRA Jacket with the Official Logo |
Full length Black pants or | Full length Black pants |
Full length Black skirt | Black shoes |
Black shoes | Black Belt if worn |
Black Belt if worn |
Traditional Uniform
The approved Te Roopu Atawhai Inc. Traditional Uniform comprises of the following items:
WOMEN | MEN |
Official Pari with attached knee length Black Skirt | Official Tatua Band |
Correctly fitted Piupiu | Black under briefs |
One pair of Mako earring | Correctly fitted Piupiu |
Approved moko | One Mako earring |
One Harakeke hair piece | Approved moko and/or Puhoro |
One Taonga around the neck | One Taonga around the neck |
Korowai |
Corporate Uniform
The approved Te Roopu Atawhai Inc. Corporate uniform comprises of the following items:
WOMEN | MEN |
The Official TRA T-Shirt with the Official Logo | The Official TRA T-Shirt with the Official Logo |
Full length Black pants or | Full length Black pants |
Full length Black skirt | Black shoes |
Black shoes | Black Belt if worn |
Black Belt if worn | Approved side attached panels |
Approved side attached panels | |
Approved feather/Raukura arrangement in hair |
RESPONSIBILITIES
ALL members of Te Roopu Atawhai Inc.:
- Are responsible for their own Uniforms including the purchase of all necessary materials, laundering, dry cleaning, general upkeep and maintenance;
- May face disciplinary action if they wear clothing contrary to this policy.
Uniform Project Manager & Tutors are expected to:
- Take reasonable steps to enforce the approved Te Roopu Atawhai Inc. Uniform; and
- Report members and document any extenuating circumstances regarding their failure to adhere to this policy.
- To determine on a case by case basis and in conjunction with the Victorian Events Project Manager, the required uniform for any given performance.
- Ensure that each member has all the required information to purchase and construct their Traditional uniform.
- Provide appropriate training and supervision required to attain the set construction standard for the Traditional uniform.
Victorian Event Project Manager is expected to:
- Take reasonable steps to enforce the approved Te Roopu Atawhai Inc. Uniform; and
- Report members and document any extenuating circumstances regarding their failure to adhere to this policy;
- To determine on a case by case basis and in conjunction with the Tutors, the required uniform for any given performance.
POLICY STATEMENT
Te Roopu Atawhai Inc. is an equal opportunities advocate and respects the cultural and religious practices of all members. If there are issues that are not covered within this policy, they will be discussed with the Victorian Events Project Manager and the Tutors and advice should be sought from the Committee of Management.
Section 7 - Equal Opportunity Policy
PURPOSE
To confirm TRA’s commitment to equal opportunity for all members of Te Roopu Atawhai Inc. and to create an environment that values diversity and is free from discrimination, harassment and vilification and where allegations of breaches of this Policy are dealt with fairly and promptly.
SCOPE
This policy applies to ALL members of TRA in situations related to their involvement, participation, membership, studies or undertaking and type of activity at or with TRA.
DEFINITIONS
Discrimination
Refers to unfair or less favourable treatment based on the following actual or assumed personal characteristics as defined under Commonwealth and State laws: sex, gender identity, marital status, pregnancy, breastfeeding, status as a parent or carer, sexual orientation, lawful sexual activity, race, disability, age, industrial activity, physical features, religious beliefs or activities, political beliefs or activities, criminal record, medical record or personal association with a person who has, or is assumed to have, one of these personal characteristics. This concept includes Direct and Indirect Discrimination.
Direct Discrimination
Occurs if a person is treated less favourably than another person would be treated in the same or similar circumstances, on the basis of an attribute as listed above.
Indirect Discrimination
Occurs if there is an unreasonable requirement, condition or practice that someone with an attribute cannot comply with and that a higher proportion of people without that attribute can comply with.
Harassment
Refers to a wide range of deliberate and unintentional behaviours in the teaching, learning, research or membership environment which may humiliate, intimidate or offend and which are unwelcome and uninvited. It includes behaviour which may be written, verbal, non-verbal or physical (including transmission of inappropriate electronic communications and display of inappropriate material from the internet) and is of a sexual nature or is based on attributes listed under ‘Discrimination’ above. Harassment has the effect of offending, humiliating or intimidating the person at whom it is directed. It makes the TRA environment unpleasant and sometimes even hostile. If a person is being harassed, their ability to perform, practise and their ability to do it effectively is affected.
Racial and Religious Vilification
Occurs where a person engages in conduct that incites hatred, serious contempt, revulsion or severe ridicule against another person or group of people, because of their race or religious belief or activity.
Disability
Refers to a total or partial loss of the person’s bodily or mental functions; a total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness; the presence in the body of organisms capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. It includes a disability that presently exists; previously existed but no longer exists; may exist in the future; is imputed to a person.
Reasonable Adjustment
Is the term used to describe actions or changes which may be required to enable member participation on the same basis as other members. Lack of provision of reasonable adjustment might constitute discrimination. Adjustments might be necessary where the interaction between the performing and practising environment and certain members personal characteristics or circumstances has a negative impact on member participation or achievement. Such characteristics and circumstances include having a disability, carer responsibilities, cultural or religious obligations, being Indigenous, having English as a second language. There is no set definition of what is a ‘reasonable’ adjustment. Each situation needs to be considered in its own circumstances and on its own merits.
On the same basis
In relation to ‘reasonable adjustments’, is where a person with a certain personal characteristic or circumstance has opportunities and choices that are comparable with those offered to other people. Being treated “on the same basis” may mean being treated differently, particularly where it is necessary to provide reasonable adjustments.
Principles of inclusion
Is where performing, practising and physical environments are designed to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design, taking into consideration the variety of abilities, disabilities, racial/ethnic backgrounds, and other characteristics of the member and executive committee.
Governance Bodies
TRA Executive committees
RESPONSIBILITIES
This policy applies to ALL members of TRA and are ultimately responsible for:
- their own behaviour and may face disciplinary and/or legal action if they engage in, condone or collude with discriminatory, harassing or vilifying behaviour.
- the prevention of discriminatory, harassing and vilifying behaviour in the areas or activities for which they are responsible. This responsibility includes publicising the terms of this Policy to their members and taking appropriate action in the event of a concern(s) being raised about breaches of this Policy.
- Project Managers with responsibility for planning within their areas of jurisdiction are responsible for identifying areas of under-achievement in the participation and progression of groups of members and putting in place measures to positively address participation and progression of these identified groups.
- Project Managers with responsibility for engaging other individuals or groups (such as contractors) who will have interactions with TRA members, are responsible for putting in place measures to have those individuals or groups comply with the expectations of this Policy where appropriate to their activities.
- Members responsible for the design of activities, facilities and services, are responsible for ensuring the provision of reasonable adjustments to the learning and working environment as required, and for applying the principles of inclusion wherever possible.
- The Project Managers is responsible for the provision of information on this Policy, and for provision of information on ways to resolve complaints of breaches of this Policy.
- The Chairman, has overall responsibility for the implementation and review of this Policy.
POLICY STATEMENT
- TRA is committed to providing equal opportunity and freedom from discrimination, harassment and vilification for all members of TRA, and to creating an environment which reflects and values the social and cultural diversity within the TRA community and the communities it serves.
- TRA will not tolerate discrimination, harassment or racial or religious vilification, as defined in this Policy, in any Te Roopu Atawhai Inc. endorsed activities. Nor will it tolerate victimisation of any person who raises, or is involved in the resolution of, a complaint of a breach of this Policy.
- TRA will provide reasonable adjustments to the learning and membership environment as required, and will strive to apply the principles of inclusion in all of its activities, to ensure that all people have equal opportunity to access and participate in TRA activities.
- TRA will ensure that it has in place procedures to deal with any alleged breaches of this Policy fairly and expeditiously.
LEGISLATIVE CONTEXT
Te Roopu Atawhai Inc. has undertaken to comply with the requirements of the:
- Commonwealth Racial Discrimination Act 1975
- Commonwealth Sex Discrimination Act 1984
- Commonwealth Human Rights and Equal Opportunity Commission Act 1986
- Commonwealth Disability Discrimination Act 1992
- Commonwealth Disability Standards for Education 2005
- Commonwealth Racial Hatred Act 1995
- Commonwealth Equal Opportunity for Women in the Workplace Act 1999
- Commonwealth Age Discrimination Act 2004
- Victorian Equal Opportunity Act 1995
- Victorian Racial and Religious Tolerance Act 2001
- Victorian Charter of Human Rights and Responsibilities Act 2006
Section 8 - Risk Management Policy & Procedure
PURPOSE
Te Roopu Atawhai Inc. is committed to providing a systematic means of assessing risk for prioritising improvement plans, identifying whether any particular activity/condition requires action, or ensuring controls adequately reduce risk.
SCOPE
This policy applies to ALL members of TRA in situations related to their involvement, participation, membership, studies or undertaking and type of activity at or with TRA.
RESPONSIBILITIES
Primary responsibility of this policy belongs with the personnel who is/are charged with assessing the risk of a particular activity at or with TRA. Including, but not limited to: Chairman, Secretary, Senior Project Manager, Tutors or Risk Assessor.
RISK MANAGEMENT PROCEDURES
Step 1 – Initial Procedure
PERSONNEL | ACTION |
Chairman/Secretary/Senior Project Manager/Tutors/Risk Assessor |
|
Step 2 – Hierarchy of Controls
To establish the control measures use the following hierarchy:
- Elimination
- Substitution
- Engineering
- Administrative (procedures)
- Personal Protective Equipment
A combination of controls may be appropriate. Always work down this list using the higher level controls if possible.
Step 3 – Risk Assessment Matrix
LIKELIHOOD (HOW OFTEN) | Rare (Not likely to occur) |
Irregular (Unlikely to occur) |
Infrequent (Likely to occur) |
Frequent (Will probably occur) |
Constant (Certain to occur) |
MOST LIKELY CONSEQUENCES | |||||
Minor – very low or negligible cost, affect, impact, first aid only | 1 | 1 | 2 | 2 | 2 |
Moderate – potential cost, impact, medical treatment injury | 1 | 2 | 2 | 3 | 3 |
Serious – significant cost, impact, serious injury, lost time injury | 2 | 2 | 3 | 3 | 3 |
Major – extensive cost, reputation impact, permanent injury/death | 3 | 3 | 3 | 3 | 3 |
Risk Score Interpretation
Risk Score | Risk Level | Actions |
1 | Low Risk | No Action/Controls Required, possibly consider new controls if opportunity arises to reduce the risk (e.g. incorporate in a plant upgrade) |
2 | Moderate Risk | action required – time frame variable/controls required – may be low level, may be given a priority, action plan or implementation of controls may span weeks or months. Communicate risk to other Pioneer sites. |
3 | High Risk | immediate action required/specific controls must be implemented. Actions should be immediate, action plan and controls developed must reduce the risk. Communicate risk to other TRA sites. |
Risk Register
Please refer to Appendix 1.0
Risk Treatment Schedule Plan
Please refer to Appendix 1.1
Risk Action Plan
Please refer to Appendix 1.2
Section 9 - Website Terms of Use Policy
PURPOSE
The purpose of this document is to communicate clearly the terms and conditions (Terms) under which the Te Roopu Atawhai Incorporated (TRA) website is made available to visitors to our website.
DEFINITIONS
For the purpose of these Terms:
- TRA means all Members of Te Roopu Atawhai Incorporated
- Website means the TRA website and all Member websites hosted on the Justhost platform purchased by TRA.
- Member means a member of the Company in accordance with clause 5 of the TRA Constitution.
- Material the text, data, services, tools, facilities, images, photographs, videos, podcasts, graphics, design elements, features, tools and other features/content/information.
RESPONSIBILITIES
The Website is owned and operated by TRA. Its use and the use of any data, images, services, tools, facilities and other information (Material) regarding various programs, products, services and activities that are made available on the Website is governed by the law of the State of Victoria, Australia.
Material found on the Website is made available on the understanding that you will exercise caution with respect to its use. Before relying on Material found on the Website, you should carefully evaluate the accuracy, completeness and relevance of the information.
SCOPE
Your use of the Website constitutes your agreement to all such Terms.
ACCESS AND SECURITY
- Certain parts of the Website are available to all users of the Website. However, some parts of the Website include Material that is only available to Members or sub-sets of Members. Members will be provided with a username and password to access the restricted content.
- You are responsible for maintaining the confidentiality and security of your user name and password.
- You understand and agree that you are fully responsible for all actions and submissions made from your account.
- If you become aware of any unauthorised use of your account, you should notify TRA immediately.
- If you cease to be a Member, your access to Member only areas of the Website will be terminated.
USER PARTICIPATION
- As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or in a manner prohibited by these terms of use.
- In particular, you agree not to:
- use the Website for any activities that breach any laws or regulations or infringe a third party’s privacy or patent, trade mark, copyright or other proprietary rights
- publish, distribute, transmit or disseminate on the Website any Material which is unlawful, obscene, defamatory, indecent, offensive, vexatious, inappropriate or racially, ethnically or otherwise objectionable or discriminatory,
- undertake or promote any unsolicited or unauthorised advertising, promotional material, surveys, contests, pyramid schemes, requests for donations, chain letters, unsolicited emailing or spamming via the Website
- impersonate any person or entity
- upload, post, email or otherwise transmit any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
- undertake any conduct that, in TRA’s view, restricts or inhibits any other user from using or enjoying the Website.
- You are able to submit and, in some instances, post Material to the Website. By posting or submitting Material to the Website, you represent and warrant that:
- you own all the rights to that Material or are authorised to use and distribute the Material via the Website
- the Material does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
- TRA reserves the right to amend any Material submitted for publication on the Website. TRA may refuse to publish or remove Material that, at its sole discretion, does not meet its standards or does not comply with these terms of use. TRA is not responsible for any failure to publish or delay in removing such Material.
- TRA can publish, modify, adapt and retransmit to others any content submitted by you free of charge and without restriction, subject to the TRA Privacy Policy.
- You will indemnify TRA, its employees, agents and representatives from any loss or damage, including consequential loss or damage, which may arise from:
- the posting or deletion of content submitted by you
- for any breach of these Terms by you.
LINKS TO OTHER WEBSITES
- Links to third party websites contained within the Website are provided solely for your convenience.
- Links are designed to provide access to relevant and useful supplementary information and resources from other organisations. It is generally preferable to provide links rather than copying material from third party websites to ensure the material is current and to avoid breaching copyright.
- TRA does not sponsor, endorse, approve of or warrant the quality, accuracy, merchantability or fitness for purpose of the Material on those websites. Access to third party websites and use the Material or products and services offered on or through links is at your own risk.
- TRA reserves the right to remove links posted by you for any reason at any time, with or without notice.
LINKS TO TRA WEBSITE
- TRA welcomes links to the Website from other websites on condition that those websites and the Material on those websites is consistent with TRA’s values and purpose.
COPYRIGHT
- Material published on the Website is protected by the same laws of copyright that apply to print, music and other Material. The right to copy always remains with the owner of the Material.
- Unless otherwise expressly indicated in specific Material, copyright subsisting in the Material is owned or licensed by TRA to the full extent provided under Australian and international copyright laws.
- You may view the Website and the Material and you are permitted to save, print and reproduce the Material solely for your personal information, research or study. You must not modify this Material. If you quote Material from the TRA website, you must attribute the material to TRA and include the TRA copyright notice “© TRA” on all copies of the Material.
- You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Material for any other purpose without TRA’s prior written consent.
TRADEMARKS
- The Website contains trademarks of TRA and various third parties, which may be registered or otherwise protected by law. These include the TRA logo and the logos of various Members States, Associations and Clubs.
- You may not use these trademarks without the prior written consent of the owner of the relevant trademark
DISCLAIMER
- TRA will use its best efforts to ensure that the Website and all Material is correct at the time of publication, and of a high standard, accurate, complete and suitable for use. However, TRA makes no warranties or representations as to the quality, accuracy, completeness or suitability for any purpose of the Website or the Material.
- Further, TRA does not warrant or represent that the Material will not cause damage or is free from any computer virus or any other defects or errors.
- To the extent permitted by law, TRA and its employees, agents and consultants will not be held liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Website or the Material whether or not caused by any negligent act or omission.
- The Website and the Material are subject to change at any time without notice.
COMMENTS AND COMPLAINTS
- All comments and complaints about the Website and Material should be made through the feedback mechanism provided here
CHANGES TO THE TERMS OF USE
- TRA reserves the right to vary these Terms from time to time. We will notify users of any changes by posting the revised Terms on the Website. Your continued use of the Website after such notice will constitute acceptance of the variation.
WEBSITE TERMS OF BUSINESS SERVICES
ACCEPTANCE OF TRA PLATFORM TERMS AND CONDITIONS
These terms and conditions (“Terms”) govern your use of the TRA application program interface(s), sample software code, and other related materials provided or made available by TRA (the “Platform”) that enable you to implement the TRA live video chat software and services offered by TRA (the “Service”) on one or more website(s) or web applications owned and controlled by you (“Your Website(s)”).
In order to use the Platform, you are required to accept and to agree to be bound by these Terms. We reserve the right to limit or terminate your access to Platform at any time. We reserve the right to change, modify, update or terminate the Platform at any time, to impose additional restrictions or limitations on the Service or to impose a fee for all or a portion of the Service. TRA may decide what features to include in the Service and whether to make them optional or mandatory.
We also reserve the right to change, modify or update the Terms at any time. If we revise the Terms, we will post the revised Terms on our website at the same URL as the Terms that are being modified, and you consent to receiving notice of any changes through such posting. If required by law, TRA will also provide you notice of changes as provided in Section 16. If you do not agree to the revisions, you must cease to use the Platform and remove the Service from Your Website. Your continued use of the Platform or use of the Service on Your Websites for more than fifteen days after the posting of the revised Terms means that you have accepted the new Terms.
API KEY
You consent to the collection and processing of your personal information in order to provide you an application programming interface (“API”) key. If you share your API key with any person, you (and not TRA) are responsible for any actions that person may take. If you believe that someone has used your API key without your permission, contact us at (03) 9364 3680.
ELIGIBILITY AND AUTHORITY
If you are signing up for the Platform and the Service on behalf of a company, you represent that you are duly authorized to represent such company and accept the Terms on behalf of such company. If you are entering into these Terms on behalf of your company, the terms “you” and “your” in these Terms mean your company and all of its employees. If you are entering into these Terms on your own behalf, you agree that you are personally bound by these Terms. In such cases, the terms “you” and “your” mean you.
LICENSE
- TRA grants you a worldwide, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform in order to display the Service on your Websites, subject to your compliance with the terms and conditions of the Terms. You may not install or use the Platform for any other purpose without TRA’s prior written consent.
- You acknowledge that the Platform and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries and that all ownership and intellectual property rights in the Platform and the Service do and shall, as between you and TRA, belong exclusively to TRA. Without limiting the foregoing, TRA and OPENTOK and the related logos are trademarks of TRA. Except as expressly provided herein, these Terms grant you no right, title, or interest in any intellectual property owned or licensed by TRA, including (but not limited to) the Platform, the Service or the TRA trademarks.
- You will not sell, transfer, assign, rent, lease, or sublicense TRA’s code, the Platform, or the Service to anyone.
- Some of the features available through the Service are provided by other third parties. You may be required to agree to the Terms of Service of these third party services, and all such services are provided subject to those Terms of Service.
INTEGRATION OF THE SERVICE ON YOUR WEBSITE
- The Service includes branding for TRA and its third-party partners. You agree not to remove, alter or change any branding contained in the Service. You may not display TRA marks on your site (or otherwise) other than (i) through the display of the Service in accordance with the Platform and TRA’s branding guidelines located atwww.TRA.com/branding and (ii) solely for the purpose of disclosing that Your Website has implemented the Service in a manner that does not suggest any further relationship or endorsement of your Website by TRA.
- Other than through the API configuration options provided by TRA, you will not alter, change or modify any user interface, feature or functionality of the Service without the express written consent of TRA.
- You agree not to copy, reverse engineer, decompile or disassemble TRA’s code, the Platform, or the Service, or build alternative methods to access the Service other than as provided through the Platform (except to the limited extent such restrictions are expressly prohibited by applicable statutory law).
- Notwithstanding the foregoing paragraphs of this section 5, TRA licenses certain components of the Platform (e.g. the TRA HTML Embed) under a permissive software license. In these cases, you agree not to use any TRA name, logo, trademark or service mark (“Mark”), including those originally built into the code we provide, in any modified version of that code unless (i) it follows the branding guidelines located at www.TRA.com/branding or (ii) you have entered into a separate written trademark license agreement with TRA.
- You agree to update code provided by TRA in connection with modifications to the Service or Platform in a reasonable and timely fashion after TRA makes them available.
- TRA may update files on our servers that will automatically change the functionality of the Platform or Service, and you consent to those updates.
- You will not obscure or cover any graphical element of the Service or otherwise interfere with the operation of the Platform or Service.
- When users interact with the Service, TRA receives and stores certain personally non-identifiable information as well as aggregated user information and statistics, such as number of unique users, number of sessions and total minutes streamed. TRA may store such information itself or such information may be shared with TRA affiliates, agents, service providers and current and prospective business partners. TRA uses the foregoing information to provide, improve, market and enhance its products and services and for other lawful business purposes.
- TRA reserves the right to place volume limitations on access to the Platform or Service. TRA may throttle the Service if concurrent video chat sessions conducted via your Website exceeds 2,500.
- These Terms do not entitle you to any support for the Platform or the Service, unless you make separate arrangements with TRA and pay all fees associated with such support (if any). Any such support provided by TRA shall be subject to the Terms as modified by the associated support agreement.
- You agree that TRA shall have the right to use your trademarks to identify you as an Platform licensee on its website and in other marketing materials.
ADVERTISING AND PROMOTIONS
- TRA retains the exclusive right to include and to sell advertising, promotions and sponsorships in the Service that is displayed on Your Websites (the “Advertising”) and will retain all revenue derived from any Advertising. You will not obscure, alter or interfere with the display of the Advertising and will respect all TRA policies and procedures regarding the display of Advertising.
- You may not display any Advertising or third-party logos within the Service.
- Subject to the foregoing, you may create advertising opportunities around the Service. In cases where the Service is the primary basis of the advertising sale, you agree to notify and compensate TRA in a manner to be mutually agreed upon by the parties. For example, you may sell sponsorships or branding in areas around the live video streams, provided that you and TRA agree in advance on appropriate compensation to be paid to TRA. Please contact us for questions and information at teroopuatawhai@gmail.com, or to notify us of an advertising opportunity.
PROHIBITED WEBSITES AND CONTENT
You are solely responsible for all content, services and advertising available through your Website or that you incorporate into or promote through the Service. You may not incorporate or use the Service in connection with your Website if your Website or any of the content, services or advertising available on your Website (or if your use of the Service otherwise) falls within any description below:
- Is primarily directed to children aged 13 or under or that has children aged 13 or under as a significant proportion of its users;
- Uses the Platform in, or to develop, a product or service that competes with products or services offered by TRA;
- Contains adult entertainment, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
- Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
- Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality);
- Constitutes, promotes or is used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance /interception/descrambling equipment; libellous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons.
In addition, TRA reserves the right to terminate the Service for any Website for any reason, including if TRA determines that the Website is harmful to or inconsistent with TRA’s reputation and goodwill. If your Website meets any description above (or you are unsure), but you are interested in incorporating the Service, please email us atbizdev@TRA.com so we can discuss whether your proposed use is acceptable.
YOUR COMPLIANCE OBLIGATIONS
- Privacy. If Your Website collects, displays or transmits any personal information about your users, you will prominently display a privacy policy that complies with all applicable laws and that makes it clear to users what data you collect and how you will use, display or share that data. You will collect and use user data on Your Websites only in accordance with your privacy policy.
- Data Disclosure. Without limiting your obligations under these Terms, you will not disclose any user data that you derive from any user’s usage of the Service (including without limitation chat logs, registration information, contact information or IP addresses) other than in compliance with your privacy policy and all applicable legal requirements (including Title 18, Part I, Chapter 121 — Stored Wire and Electronic Communications and Transactional Records Access).
- Monitoring and Abuse. TRA does not monitor the Service and will not be responsible for any claim based on any commentary or content posted in the Service by any user or any actions taken by any user of the Service, including any claim that the user content violates any person’s rights or is defamatory, libellous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behaviour in the Service in connection with Your Website. You will regularly monitor and respond to reports of abuse, including by terminating user accounts where appropriate. You will also ensure that Your Websites that implement the Service are at all times subject to terms and conditions no less protective of TRA and the Platform than these Terms.
- DMCA. You will maintain a policy for removing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- Recording. You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded.
SECURITY
- Contact and Cooperation. You must be reachable during reasonable business hours for security questions or concerns through the contact information that you provided upon requesting your Platform key.
- Your Network. You will ensure that all networks, computer and operating systems, software and other systems used to operate Your Websites employ security measures to prevent unauthorized access to or use of any user data and the Service. You must promptly report any security deficiencies in or intrusions to your systems to TRA at teroopuatawhai@gmail.com.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content or data on Your Websites or that is used or incorporated with the Service in the manner contemplated under these Terms, and that neither
Your Website nor the content available through it violate the rights of any third party (e.g. copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available; - you have all necessary rights and authorizations to agree to these Terms and to use the Platform and the Service as contemplated by these Terms; and
- your agreement and compliance with these Terms and use of the Platform and the Service will not violate any law, regulation or contractual obligation.
TERM
- TRA may terminate your access to the Service at any time, with or without notice. You may remove the Service form your Website at any time.
- Upon any termination of these Terms or your access to the Service, (a) all rights and licenses granted by either party to the other party herein shall terminate and (b) you shall immediately remove the Service from Your Websites and remove all copies of the Platform from all computers, hard drives, networks, and other storage media. Notwithstanding anything to the contrary in these Terms, the following provisions shall survive and remain in full force and effect following any termination of the parties’ obligations under these Terms: Sections 10, 12 and 14-16.
NO TRA WARRANTIES; LIMITATION OF LIABILITY
No TRA Warranties.
TRA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR THE SERVICE COMPLIES WITH ANY LEGAL REQUIREMENTS, IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.THE PLATFORM AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND TRA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGALITY, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM AND THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THEIR USE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability.
TRA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) (i) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PLATFORM OR THE SERVICE, OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT TRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR ANY AMOUNT IN EXCESS OF $100 OR, IF GREATER, THE FEES PAID BY YOU TO TRA IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.
Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 (a) AND (b) MAY NOT APPLY TO YOU.
INDEMNITY AND WAIVER
- You agree to indemnify, defend, and hold TRA and its affiliates, officers, directors, agents, service providers, partners, and employees harmless from any claim, demand or allegation made by any third party, and all related losses, damages, liabilities, costs and expenses (including attorneys’ fees), that it is any way related to:
- your use of the Platform or the Service;
- use of the Service by the users of your Websites;
- your Websites, including any content, services or advertisements on your Websites or that you incorporate with the Service;
- any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service; and
- your breach of any representation, warranty or covenant included in these Terms.
DISPUTES
You agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the your use of the Platform or the Service, including any disputes under these Terms, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts located in San Francisco in the State of California, USA. Both you and TRA irrevocably consent to personal jurisdiction in such courts and agree to appear in such courts in connection with any claim arising hereunder.
GENERAL INFORMATION
These Terms govern your use of the Platform and the Service and constitute the entire agreement between you and TRA regarding the subject matter hereof. These Terms supersede any prior agreements between you and TRA relating to your use of the Platform and the Service (including, but not limited to, any prior versions of these Terms). The failure of TRA to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision, and a waiver of any default is not a waiver of any other default. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties’ original intentions as reflected in the provision, and so that the other provisions of the Terms remain in full force and effect. All headings in the Terms are for convenience only and have no legal or contractual effect.
The Terms are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without TRA’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. TRA expressly reserves and shall have the right to assign the Terms and to delegate any of its obligations hereunder.
NOTICES
We may send you any notices, including those regarding changes to these Terms, to the email address you provided when you requested your API key or through any other reasonable means. Any notices to TRA must be sent to teroopuatawahi@gmail.com or 10 Currunghi Court, St Albans Victoria, 3021 via first class or airmail or overnight courier and are deemed given upon receipt.
Section 10 - Recruitment & Selection Policy
PURPOSE
The Staff Recruitment Policy has been established to ensure TRA has the opportunity to attract the best available staff / volunteers for all vacant positions. This policy relates to employment of staff other than the Executive Director.
POLICY STATEMENT
TRA is committed to providing high quality programs and services to our community. To support the achievement of this objective we recognise the importance of employing the most suitable applicant for all vacant positions.
TRA will ensure it has the best opportunity to attract the best available staff by broadly advertising all vacant remunerated positions and volunteer vacancies.
TRA will also internally advertise all vacant positions to current staff and volunteers to encourage career advancement, promote local opportunities and increase participation.
PROCEDURES
- All permanent remunerated positions will be advertised through relevant networks, on relevant websites, through local employment services, and in at least one local newspaper. Volunteer positions will be advertised as widely as deemed reasonable.
- All advertisements must be approved by the Executive Director and, if the cost exceeds the allocated budget, by the Board.
- All contact regarding the position is to be directed through reception, with all applications marked “Confidential” and posted to the Executive Director.
- Basic records of the recruitment process are to be maintained. Records should include information about position descriptions sent, applications received (including applicants’ names, addresses and contact numbers), a list of applicants short-listed and interviewed, and a record that applicants have been notified of outcomes.
- Letters of acknowledgment will be posted to all written applications prior to the short-listing of final suitable applicants.
- Applicants who do not meet the key selection criteria and are not suitable to be short-listed for an interview will be sent a written rejection letter.
- The short-listing and interview process will be conducted by a panel which will include the Executive Director. If an applicant is a family member or friend of staff then the panel will be selected accordingly to protect the process and declaration of interest.
At the conclusion of the recruitment process, all applications will be filed for five years in the Staff Recruitment File in the Executive Director’s office.
Section 11 - Media Relations Policy
PURPOSE
Local, state, national and international media are vital partners in achieving the goals of TRA. In order to maximise the advantages of media presentation and minimise the risks of media misrepresentation it is necessary to establish guidelines for how media contacts on TRA’s business will be conducted.
It is not the intention of this policy to curb freedom of speech or to enforce strict rules and regulations. Rather, the intention is to establish a framework for achieving an effective working relationship with the media. The organisation welcomes the opportunity to talk to the media and, through them, to debate issues in the public arena.
PRINCIPLES
TRA operates on the values of:
- Honesty; TRA will never knowingly mislead the public, media or staff on an issue or news story.
- Transparency; TRA will promote openness and accessibility in our dealings with the media, whilst complying with the law and maintaining confidentiality when appropriate.
- Clarity; all communications with the media will be written in plain English
- Balance; information provided to the media by TRA will as far as humanly possible be objective, balanced, accurate, informative and timely.
PURPOSE
TRA works with the media in order to:
- advocate for the goals of TRA
- promote the work of TRA
- inform the public of the details of TRA
- assist in fundraising for TRA
In order to ensure that these purposes can be fulfilled this policy regulates the choice of people entitled to speak for TRA.
The media themselves have a vital role to play on behalf of the community in holding TRA to account for its policies and actions. It is important that they have access to officers and members and to background information to assist them in this role. To balance this, TRA must have the capacity to defend itself from any unfounded criticism, and will ensure that the public are properly informed of all the relevant facts (if necessary using other channels of communication).
It is the responsibility of all staff, board members and volunteers to ensure that effective media relations are maintained in order to achieve the aims of TRA.
The policy deals with the day-to-day relationship between TRA and the media and does not address how TRA will work with the media in a crisis, for which separate guidelines are available as an Our Community Helpsheet on What to do in a Media Crisis.
POLICY STATEMENT
It is important that TRA works with the media to communicate important public information messages about its work and its goals.
It is not possible to provide hard and fast rules about who will speak to the media on behalf of TRA in particular situations. Where possible, staff, board members and other volunteers should speak to the media on any significant matter in the name of or on behalf of TRA only if:
- They have consulted the communications officer nominated by the board
- They have the required expertise to speak on the issue under discussion
- They have some experience in media relations
and where any of these criteria do not apply are recommended to exercise extreme caution.
Where, however, media inquiries concern straightforward provision of information on uncontentious issues responses may be made by any officer or member who knows the facts.
Staff, board members and other volunteers, and third parties are encouraged to deliver public presentations that discuss TRA’s work and its goals, provided that they make it clear where such presentations are or are not authorised by TRA.
Staff, board members and other volunteers must observe TRA’s confidentiality policy in relation to client records.
Staff, board members and other volunteers are advised to ensure they are properly briefed and guided by relevant staff before talking to the media on any issue related to TRA.
In dealing with the media staff, board members and other volunteers should be conscious that they may be seen as representatives of TRA and should therefore avoid making comments or participating in photo opportunities that may damage the long-term reputation of TRA.
Any filming or taping on TRA property or of TRA proceedings by the media is subject to prior permission of the board or its nominee.
PROCEDURES
Significant statements on behalf of TRA shall be made as authorised by the board or its nominee in reference to the principles listed above.
It should always be made absolutely clear whether the views put forward regarding any issue relating to TRA are those of TRA or of an individual. At all times consideration should be given as to how the correspondence may affect the reputation of TRA.
The Board shall nominate a Communication Officer for TRA.
- The Communications Officer will produce and update a list of key contacts for distribution to local press and radio and TV stations. The Communications Officer can also be contacted for preliminary discussions on any story or if a journalist or researcher is unsure who to approach for a comment.
- The Communications Officer shall be responsible for the production of TRA’s annual public relations plan, which shall be consistent with the organisation’s business plan and marketing plan.
- The Communications Officer shall coordinate all media conferences for TRA. All such conferences shall be videotaped by TRA.
- The Communications Officer shall authorise all media releases from TRA and be responsible for mounting them on TRA’s website.
- All news releases must also be approved by staff in charge of the relevant area before distribution.
- The Communications Officer should, where feasible, be involved in any approaches to the media to feature TRA’s work.
- Approaches from all national press, radio or TV stations or specialist press should be directed to the Communications Officer who will discuss the nature of the story and then contact the appropriate officer or member asking them to respond.
- It is important to obtain advice from the Communications Officer (preferably before the issue becomes public knowledge) on any issues that are likely to be complex or contentious or to be sustained for any length of time. In such a situation the Communications Officer will work with the relevant staff and board members to produce a communications plan which will ensure that balanced, timely information is provided to keep all parties informed.
- No photos of clients, patients, employees, or students should be released to the public via advertising, news media, or web without the approval of the Communications Officer, who shall satisfy themselves that TRA’s confidentiality policy has been observed.
- Where a staff member, board member or volunteer has had any significant interaction with media representatives on issues related to TRA, it is the responsibility of the person concerned to notify the Communications Officer and to provide the name of the reporter or writer and the media outlet they represent.
Any significant media contacts with TRA’s staff or members on any issue likely to prove contentious shall, where possible, be videotaped.
Every effort should be made to assist the media in their inquiries. Where media queries involve requests for information that will require substantial staff work to produce, such work must be authorised by the President. It will usually be necessary to provide information in addition to that which is requested in order to set the facts and figures in context. Requests for detailed information of this nature, whether from the local or national media, should be referred to the Communications Officer.
TRA reserves the right to withhold certain sensitive information concerning, say, commercial transactions or governmental negotiations. Any such information will be clearly labelled and clearly notified to relevant staff.
If any unauthorised releases of confidential information do occur, an investigation will take place to establish who was responsible and appropriate action will be taken.
Section 12 - Access and Equity Policy
PURPOSE
The Access and Equity Policy set out in this document is drawn up on the model of the Federal Government’s Charter of Public Service in a Culturally Diverse Society. The Charter is the key document guiding the Australian Government’s Access and Equity strategy. It helps to ensure that government programs (and those programs funded by the government but delivered by contractors, including not-for-profits) meet the needs of our culturally and linguistically diverse society.
The Charter integrates a set of service delivery principles concerning cultural diversity into the strategic planning, policy development, budget, and reporting processes of service delivery, irrespective of whether these services are provided by government agencies, community organisations, or commercial enterprises.
PRINCIPLES
The principles underlying the Charter, which have been taken into account in the formation of this Access and Equity Policy, are:
- Access – As a service provider, TRA will make services available to everyone who is entitled to them, free of any form of discrimination on the basis of a person’s country of birth, language, culture, race or religion.
- Equity – As a service provider, TRA will develop and deliver services on the basis of fair treatment of all those clients who are eligible to receive them.
- Communication – As a service provider, TRA will use all necessary strategies to inform eligible clients of the services available, their entitlements, and how they can obtain them. Providers shall also consult with their clients regularly about the adequacy, design and standard of services.
- Responsiveness – As a service provider, TRA will be sensitive to the needs and requirements of clients from diverse linguistic and cultural backgrounds, and be responsive as far as practicable to the particular circumstances of individuals.
- Effectiveness – As a service provider, TRA will be focused on meeting the needs of clients from all backgrounds.
- Efficiency – As a service provider, TRA will optimise the use of available public resources through a user-responsive approach to service delivery that meets the needs of clients.
- Accountability – As a service provider, TRA will have a reporting mechanism in place which ensures it is accountable for implementing access and equity objectives for its clients.
POLICY STATEMENT
TRA acknowledges that its legal and moral responsibilities cover the areas of:
- access in the provision of services offered by TRA
- access in employment by TRA
- access in the provision of information offered by TRA
- access to any training and development offered by TRA
- access to events hosted by TRA
- All TRA staff shall wherever feasible have adequate support and training to provide services and information accessible to all people.
- TRA will ensure its programs are designed and constructed to provide equal access for all users.
- TRA, in its role as an employer, will ensure all people have equal access to advertised positions, interviews, equipment, office accommodation, staff training and promotion.
- TRA shall wherever feasible assess proposals for any new (or substantially revised) policies or programs for their direct impact on the lives of people from a range of cultural and linguistic backgrounds prior to any decision to pursue such proposals.
- Any new (or substantially revised) policies or programs that impact in different ways on the lives of people from different cultural and linguistic backgrounds shall wherever feasible be developed by TRA in consultation with people from those backgrounds.
- TRA shall wherever feasible for any new (or substantially revised) policies or program initiatives have a communication strategy developed and sufficiently resourced to inform people from relevant cultural and linguistic backgrounds of these changes.
- TRA shall provide resources so that publicly available and accessible information on its policies and programs is where necessary communicated appropriately to people from a range of cultural and linguistic backgrounds, and especially to those identified as having a high level of non-compliance.
- TRA shall institute complaints mechanisms that enable people (regardless of cultural and linguistic backgrounds) to address issues and raise concerns about its performance.
- TRA shall require that any agents, contractors, or partners of TRA deliver outcomes consistent with this policy, and shall in bidding for tenders or contracts budget where appropriate for special provision for linguistic and cultural diversity.
PROCEDURES
- TRA shall where necessary provide for the special needs of clients from diverse cultural and linguistic backgrounds by English or other language assistance through the use of interpreters or facilitators.
- TRA shall where necessary and feasible provide for the special needs of clients in remote areas through developing outreach and community liaison arrangements.
- TRA shall incorporate cultural diversity issues in any training programs it provides.
- TRA staff shall where necessary receive ongoing cultural diversity training so that they develop knowledge and skills to work effectively from a cultural framework.
- TRA shall where necessary provide information in languages other than English, and through print, electronic media, and disability-appropriate methods of communication.
- TRA shall where appropriate consult with other providers and government agencies to ensure co-ordination of services appropriate to clients’ needs.
- TRA shall promote diversity in the membership of its boards, committees and working groups.
- TRA shall in its client data collection record, where appropriate, such data as birthplace; whether a person’s first language spoken was English; Aboriginal or Torres Strait Islander background; Australian South Sea Islander background; date of birth; year of arrival in Australia; birthplace of parents; sex; and religion (the collection of data will not always include all these items, as the relevance of these data items will vary depending on the service delivery context).
- TRA shall protect the privacy of individual clients when collecting this data. Consideration will be given to:
- collecting only data essential to the particular service delivery or evaluation purpose;
- guaranteeing anonymity; and
- ensuring that all data collection proposals are non-intrusive.
- TRA shall, where appropriate, keep records on the proportional take-up rates of clients categorised by their country of birth or their cultural or linguistic background compared with their percentage composition of the total population in the service target group or catchment area.
- TRA shall maintain client satisfaction data.
RESPONSIBILITIES
It shall be the responsibility of the TRA Executive Committee to ensure that the requirements of these procedures are complied with. This policy and these procedures shall be reviewed every year by the TRA Executive Committee to ensure that it continues to comply with relevant state or federal legislation or regulation.
Section 13 - Conflict of Interest Policy
PURPOSE
The Executive Committee of TRA is committed to high standards of ethical conduct and accordingly places great importance on making clear any existing or potential conflict of interest. This policy has been developed to provide a framework for all TRA Members in declaring conflicts of interest.
RESPONSIBILITIES
POLICY
The Executive Committee places great importance on making clear any existing or potential conflicts of interest. All such conflicts of interest shall be declared by the member concerned and documented in The Executive Committee Conflicts of Interest Register. A Executive Committee member who believes another Executive Committee member has an undeclared conflict of interest should specify in writing the basis of this potential conflict.
PROCEDURE
- Members shall declare any conflicts of interest either at the start of The Executive Committee meeting concerned or when a relevant issue arises. The nature of this conflict of interest should be entered into the meeting minutes. The interest should also be documented in the Conflict of Interest: Checklist for the Chair.
- Where a conflict of interest or potential conflict of interest is identified and/or registered, The Executive Committee member concerned shall leave the room as soon as that item comes up for discussion.
- The concerned Executive Committee member shall not vote on that issue, nor initiate or take part in any Executive Committee discussion on that topic (either in the meeting or with other Executive Committee members before or after the Executive Committee meetings), unless expressly invited to do so by unanimous agreement by all other members present.
- If a person declares themselves to have existing or potential conflict of interest confidentiality will be respected. If a person alleges that another person has a conflict of interest, whether existing or potential, and if The Executive Committee cannot resolve this allegation to the satisfaction of both parties the matter shall be referred to the Ethics Sub-Committee.
This Sub-Committee will make a recommendation to The Executive Committee as to what action shall be taken.
Examples of conflict of interest could be (but are not limited to):
- When a Executive Committee member or his/her immediate family or business interests stands to gain financially from any business dealings, programs or services of the organisation.
- When a Executive Committee member him or herself offers a professional service to the organisation.
- When a Executive Committee member stands to gain personally or professionally from any insider knowledge if that knowledge is used to personal advantage.
- Where a Executive Committee member or the ex/officio member of the Executive Committee has a role on the governing body of another organisation, where the activities of that other body may be in direct conflict or competition with the activities of TRA.
Section 14 - Internet & Email Policy
INTERNET USEAGE
PURPOSE
This document outlines the policies for connecting to and using the TRA Internet system. The purpose of this policy is to ensure that:
- use of the Internet is focused on productive activities for the TRA,
- the system remains responsive enough to allow users to undertake their inquiries in a timely manner, and
- TRA has the confidence that the Internet is being managed as a cost-effective business tool.
SCOPE AND CONDITIONS OF USE
Access to the Internet is granted on the basis that:
- Staff and Volunteers have read, understood and agreed to the policies set out in this document.
- There is a valid business reason for requesting a dedicated connection to the TRA Internet system and this reason is understood, supported and approved by the committee.
- The Internet is primarily for work related purposes. However a small amount of personal use is acceptable as long as usage complies with the TRA Internet Policy guidelines.
- Users of the Internet understand and agree that (a) the names of web sites visited and (b) the time spent on the Internet, will be electronically recorded for each employee. This data will be regularly analysed and reported to the committee.
Getting Access
To gain a dedicated link to the TRA Internet, staff, volunteers and all other manner of personnel must:
- Complete the “Internet Application Form” at the end of this policy document and e-mail the completed form to their immediate Coordinator.
- If the Coordinator supports the application, the Coordinator should forward the approved “Internet Application Form” to the relevant committee members for final approval.
Prohibited Practices
Any employee granted access to the TRA Internet link uses the system under the following conditions:
- All employees, other than Information Systems Department personnel (who use the Internet as a source for software ‘patches’ and drivers etc. for supporting the network) are prohibited from down-loading any software from the Internet.
- Access to web sites that exceed the bounds of generally accepted standards of good taste, is strictly prohibited.
- No Personnel shall use the Internet to engage in any activity that may bring discredit to TRA or its personnel.
- No Personnel shall engage in personal commercial activities on the Internet, including offering services or merchandise for sale.
- No Personnel shall enter into conversation on behalf of TRA on any Internet chat rooms, news groups or discussion groups without the express approval of the committee.
Usage Audit
Computer software is installed as part of the TRA Internet connection to monitor Internet usage. The primary purpose of this software is to monitor web sites visited and time spent on the Internet. The usage of the TRA Internet by an employee is based on the condition that the employee understands and agrees that all activities they undertake on the Internet will be recorded and reported upon. Accessing ‘inappropriate’ web sites will be reported to the committee and disciplinary action will be taken.
Unsupported Services
Many Internet applications consume large amounts of network capacity in their operation. For this reason Digital Audio, FTP, and video streaming are restricted from operating on the TRA Internet. While it is highly unlikely that these applications would be required for a business inquiry, should the exclusion of these services create a business difficulty, the issue should be referred to the Regional IT support team.
Active-X controls are often used to create presentation highlights (moving objects etc.) on web pages. There are network security problems involving the detection of viruses’ embedded Active-X controls. For this reason Active-X controls on web pages will not be allowed into the TRA network. The result will be missing ‘bells and whistles’ on some web pages.
ELECTRONIC MAIL
TRA provides Electronic Mail Systems to support all business and administrative. Personnel must be mindful that the use of E-mail systems is a privilege, not a right, and it should be treated as such.
Since confidentiality is not readily attainable when using E-mail and, because many E-mail communications are public records, personnel must never use E-mail to send any message or attachment that would be a source of embarrassment to the sender, to the recipient, or to the Te Roopu Atawhai Inc. if it were to be seen by others.
Many countries have laws relating to the use of E-mail. This policy is a TRA policy and does not override any provisions in local law.
PURPOSE
This document is the policy statement on the use of all E-mail Systems currently implemented throughout TRA.
This policy is aimed at all personnel and defines their rights and responsibilities with respect to the proper use of TRA E-mail Systems.
BACKGROUND
E-mail has become an essential business tool, easing communications, enhancing workflow, increasing productivity and performing a variety of other business related functions such as file transfer.
E-mail has provided a foundation for fostering and improving communication within TRA and encourages the business use of E-mail for all personnel, however internal and external events have prompted the need to create a formal policy on the appropriate use of E-mail, and to inform employees of their rights and responsibilities associated with its use.
Additionally, a formal policy aids TRA in communicating appropriate procedures, in protecting against potential disclosure of sensitive information or litigation arising out of potential violation of fiduciary responsibility or invasion of privacy.
DEFINITIONS
Electronic Mail System.(E-mail System) An integrated set of computer and communications hardware and software which provides for the capability of sending messages and files between users connected to the system, either directly or indirectly. E-mail systems provide for storage and later retrieval of messages and attachments.
E-mail. Any message which is sent electronically through one or more computers and/or communications networks, and which in most cases has a human originator and receiver. This policy applies to any E-mail System which is accessible by TRA personnel, whether it be LAN based or available to personnel through subscription services.
Attachment. Any file included with or attached to an E-mail message.
Address Book. The standard E-mail directory used to store details relating to users of TRA E-mail Systems. The Address book is the complete and definitive addressing mechanism for all TRA E-mail Systems.
SCOPE
This policy applies to:
- All TRA personnel including permanent, temporary, part-time, and contract personnel, and to all other users of any TRA E-mail Systems regardless of their association with TRA.
- All TRA owned or operated E-mail Systems, or E-mail services which are subscribed to and paid for by TRA.
- All E-mail messages, attachments, and associated files.
POLICY
It is the policy of TRA that all E-mail Systems must only be used for business related communications.
The standards for use of electronic mail are the same as for other business media, as follows:
- No information should be accumulated or used in the workplace that does not have a clear business purpose;
- The business purpose should be easily understood by third parties;
- No information should be collected and maintained if it is not carefully checked for accuracy;
- No information should be released to anyone without a clear need for that party to know the information.
PRIVACY
E-mail Systems and all E-mail generated using these systems, including their associated backups, are considered to be an asset owned by TRA, and are not the property of the users of TRA E-mail Systems regardless of whether they are personnel of TRA or not.
TRA does not monitor individual E-mail messages; however TRA reserves the right to do so for the performance of operation, maintenance, auditing, security, or investigative functions.
Requests to monitor E-mail must be submitted in writing to the Information Technology Manager, and employees involved in the monitoring activity are obligated to keep information observed in the monitoring process in confidence.
System administrators and others charged with the administration, maintenance, security, or operation of any TRA owned system will be responsible for safeguarding employee E-mail messages. System administrators are not authorised, without the permission of a user, to delete a user’s password so that E-mail can be read, unless they receive written instructions from the Information Technology Manager to do so.
Employees should be aware that E-mail messages which have been sent to others can potentially be forwarded by the recipients to other users of E-mail systems, they can be printed and read by anyone who sees the printed message, they can be inadvertently routed to an individual(s) other than the intended recipient, and they can be potentially accessed by others when personal computers are left unattended.
Therefore, nothing written in an E-mail message can be guaranteed privacy and should be considered as part of the public record.
PROHIBITED E-MAIL PRACTICES
- Sending obscene, offensive, libellous, slanderous, intimidating, threatening, harassing or abusive E-mail, or any message that may be construed as such.
- Intercepting, disrupting or altering E-mail communication without written authorisation.
- Accessing, copying or modifying E-mail messages not addressed to the recipient.
- Misrepresenting the identity of the source of an E-mail message.
- Allowing others to use an E-mail account for fraudulent purposes
- Sending unsolicited “junk” mail or mass mailings, either on the internal mail network or via external E-mail gateways.
- Subscribing to external mailing lists, except where such subscriptions are business related.
- Using E-mail for commercial purposes unrelated to TRA business.
- Reproducing or distributing copyrighted material without appropriate authorisation.
- Using E-mail for any purpose that violates individual country, state and/or federal laws or TRA policies such as EEO and OHS.
- Sending or participating in chain letters.
RESPONSIBILITIES
Under this policy, TRA is responsible for:
- Informing all new employees about TRA’s E-mail policy, and ensuring they understand their rights and responsibilities with regard to the use of E-mail under this policy. The Information Technology Manager will be responsible for disseminating this information. The E-mail policy is available upon request.
- Training System Administrators, and other privileged users charged with the operations, security, and maintenance of TRA E-mail Systems and their associated hardware and software in how to carry out their duties properly without violating any of the policy provisions.
- The IT Manager is responsible for the currency of the E-mail address book. The E-mail address book is widely used as a directory; any changes to information stored in the address book must be reviewed monthly.
- Keeping abreast of changes in laws which may create a need for the revision of this policy, and making the appropriate changes if and when necessitated by these changes. The Information Technology manager will liaise with appropriate Legal representation for this function.
E-mail User
Under this policy, users of any TRA provided E-mail Systems are responsible for:
- Reading and understanding this policy and its provisions, and making sure that they abide by them.
- Using TRA E-mail System only for correspondence related to the business function and not for personal gain, or for non-business related correspondence.
- Understand TRA will not be liable for any disclosure of personal information in the event that that the personnel member chooses to send such information in violation of this policy.
- Knowing how to classify information which should not be sent through E-mail due to its sensitivity.
- Accessing E-mail files only as authorised in the performance of their job function.
- Respecting the rights of other employees provided under this policy.
- Informing management of any abuses of this policy.
Disciplinary Action
Employees, systems administrators, users or managers who wilfully or knowingly violate or otherwise abuse the provisions of this policy may be subject to disciplinary action. Appropriate disciplinary action will be determined by management in accordance with TRA HR provisions.
Additional information
Questions regarding this policy should be referred to the Information Technology Portfolio Manager.
Section 15 - Tangihanga Policy & Procedure
(Please be advised that this Policy & Procedure is currently being reformatted for the website)
PURPOSE
SCOPE
RESPONSIBILITIES
POLICY STATEMENT
LEGISLATIVE CONTEXT
LEGAL REQUIREMENTS PROCEDURES
Section 16 - Travel Policy & Procedure
(Please be advised that this Policy & Procedure is currently being reformatted for the website)
PURPOSE
SCOPE
RESPONSIBILITIES
POLICY STATEMENT
LEGISLATIVE CONTEXT
LEGAL REQUIREMENTS PROCEDURES
Section 17 - Disclaimer Policy
(Please be advised that this Policy & Procedure is currently being reformatted for the website)
PURPOSE
SCOPE
RESPONSIBILITIES
POLICY STATEMENT
LEGISLATIVE CONTEXT
LEGAL REQUIREMENTS PROCEDURES
Section 18 - Logo Usage Policy & Procedure
(Please be advised that this Policy & Procedure is currently being reformatted for the website)
PURPOSE
SCOPE
RESPONSIBILITIES
POLICY STATEMENT
LEGISLATIVE CONTEXT
LEGAL REQUIREMENTS PROCEDURES
Section 19 - Letterhead Usage Policy & Procedure
(Please be advised that this Policy & Procedure is currently being reformatted for the website)
PURPOSE
SCOPE
RESPONSIBILITIES
POLICY STATEMENT
LEGISLATIVE CONTEXT
LEGAL REQUIREMENTS PROCEDURES
Section 20 - Sports Policies & Procedures
SPORTS POLICIES & PROCEDURES
Please be advised that the following Policies and Procedures are in direct relation to ALL sports teams and clubs that are currently auspiced under the Te Roopu Atawhai Inc. banner.
The Te Roopu Atawhai Inc. Sporting Policy and Procedure Standards (TRASPPS) have been established as the minimum standards for all Te Roopu Atawhai Inc. Sporting club events at all levels during competition and training. The intention of these standards is to achieve uniformity in the conduct of the Te Roopu Atawhai Netball Club (TRANC) to establish practices that minimise the risk of injury occurring.
Developing these standards required appropriate consultation with commercial and community involvement so that a single and consistent set of guidelines could be established and agreed to by the contributors. The process provides clarity to TRANC and all external stakeholders interested in safe and sustainable practices in Netball.
LEGAL DISCLAIMER
The information contained in this publication has been gathered through widespread consultation with sporting groups throughout Victoria, sporting clubs, coaches, referees and players. All reasonable attempts have been made to ensure that it is accurate, relevant and current at the date of publication. Nevertheless, the Sports Standards are only advisory and general in nature and should not be relied upon to meet individual or specific requirements. They are not binding on any person or club and have no legal force.
The Sports Standards will not cover each and every circumstance that occurs during a sporting related activity. Nor can they, when adhered to, entirely eliminate the risk or possibility of loss or injury. Consequently they should be used as a guide only.
If necessary, advice should be obtained from a suitably experienced and qualified professional person. This publication and the information the Sports Standards contains are made available on the express condition that the authors, consultants and advisors who have assisted in compiling and drafting this publication are not rendering professional advice to any person or organisation. No warranties with respect thereto are made, and to the maximum extent permitted by law, disclaim all liability and responsibility for any direct or indirect loss, damage or liability which may be suffered or incurred by any person as a consequence of reliance upon anything contained in or omitted from this publication.
These guidelines for best practice in Sport Injury Risk Management are not statutory standards by law.
LEGAL LIABILITY – DUTY OF CARE
It is important for sports groups under the TRA auspice to understand that there is no automatic legal protection, and that they can be held legally responsible for injuries that occur in the conduct of activities under their control.
Negligence is one area of particular concern. It does not require an intention to actually cause harm or damage, and whilst sporting injuries generally do not come about as a result of a desire to injure, they can involve a careless disregard for another’s safety, so negligence can be an appropriate action for a damages claim.
When undertaking an activity associated with TRA should consider the following questions:
- Do I owe a duty of care to the participant and if so is the risk of any injury reasonably foreseeable?
- A duty of care depends on establishing some relationship between the parties. If an injury occurs, the courts will ask whether the relationship between the parties was such that the defendant (or TRANC`) should have foreseen that his, or her act would lead to the damage suffered by the participant.
- What is the standard of care that must be achieved?
- The test for the required standard of care is how a reasonably prudent person would behave in the same situation. The law has developed this reasonable person test but what is reasonable will depend on the particular circumstances existing at the time. The standard may vary depending upon:
- The type of activity. Generally the more hazardous or risky the activity is deemed to be, the greater the duty of care that is owed to the participants.
- The age of the participant. Generally the younger the participant, the greater the duty of care that is owed. Similarly, frail or aged adults may place greater demands on supervision.
- The ability of the participant. Age should not be considered in isolation but considered along with the ability of the participant. ‘Beginners’ in any program need greater supervision than more experienced and skilled participants.
- The coach’s/instructor’s/administrator’s level of training and experience. The more highly trained and experienced a person is, the greater the standard of care that is expected. For example, a higher standard of care would be expected from a trained and highly skilled instructor that from someone who is volunteering and who may have undertaken only a little training.
- What steps can I take to avoid the foreseeable risk of harm or injury?
- Administrators may not be able to take all possible steps to avoid causing injury but the law requires them to take all reasonable steps. To help establish those ‘reasonable steps’ the administrator should develop a risk management plan for the organisation and the programs or activities it conducts.
ACTIVITY DESCRIPTION
1. PRE-PLANNING
The planning section of these standards contains the documented policies, which should be reviewed before and during Netball training sessions or matches to reduce the risk of preventable injury to players, coaches, officials and spectators.
- Ensure the activity is appropriate for the skills and experience of the participants;
- Ensure the intended activity is appropriate given the known, expected and forecasted conditions;
- Provide adequate supervision;
- Provide competent and appropriately trained coaches and officials;
- Provide a safe playing environment;
- Provide safe and properly functioning equipment;
- Provide reasonable water and safe shelter;
- Provide reasonable guidance, instruction and direction to participants; and
- Provide reasonable first aid.
1.1 WEATHER CONDITIONS
Sports are played all year round in Australia and extremes in temperature and weather changes can affect the player, coach, official and spectator and also change the conditions of the playing area.
Temperature
[IN] = Indoor Sports
[ON] = Outdoor Sports
When engaging in any type of physical activity, high temperatures increase the risk of dehydration, heat exhaustion and heat stroke. Further, very low temperatures may increase the risk of injury.
It is important that organisers are mindful of the temperature to ensure it falls within a range conducive with the promotion of a safe environment for participation in Sport. If a participant is adversely affected by heat, lay them down, remove unnecessary clothing, advise sips of water and seek medical advice.
- Sports clubs should check 24 hours in advance of activity for forecasted temperature on days of training and competition.
- Precaution should be established when the temperature reaches over 36ºc during the time of play. The following steps can be taken to minimize the risk of heat illness:
- Adjusting training and competition intensity, duration and conditions.
- Increase amount of breaks/timeouts.
- Schedule training and competition involving moderate to high intensity exercise to avoid the hottest part of the day (11am – 3pm).
- Encourage Hydration.
- Very high temperatures (above 38ºc) may be deemed unsuitable for playing Sport.
- Low temperatures (below 10ºc) may be deemed unsuitable for playing Sport.
- Sports clubs and the Sport Association may determine if the weather conditions are suitable for training sessions or matched on the day. If in doubt contact the Sports Administrator.
Hydration
- Players should be encouraged to sip on a drink bottle for the hour leading up to their training or match.
- All participants in any Sport training or a match situation should have a filled drink bottle they can easily access throughout the session.
- Coaches should be conscious of allowing regular drink breaks, particularly in warmer weather.
- It is advisable that participants only drink water or a sports drink.
- Individuals should not share drink bottles.
- Players should be encouraged to continue drinking after their training session or match.
Sun Protection Policy [ON]
- Sun Safety should be promoted in a positive manner. Information must be made available through newsletter, posters and information brochures.
- All players, coaches, officials and spectators should be encouraged to wear sun protective clothing where appropriate.
- The club should provide SPF 30+ sunscreen, whether it is for TRAe or supplied. The use of this sunscreen should be strongly promoted to everyone in attendance. Players should also be encouraged to apply sunscreen before play commences.
- Zinc also provides protection from UV. However, this should not be used as an alternative to sunscreen.
- Natural shade should be maximally utilised.
- Where natural shade is not adequate, the club should provide shade structures for use by players, coaches, officials and spectators.
- Outdoor training times should ideally be scheduled before 11am and after 3pm
- Hats and sunglasses are recommended as supplementary protection against the sun for beach Sports players.
- SunSmart has developed a UV Radiation Alert, which is shown in the daily weather section of the Herald Sun and The Age newspapers. The higher the UV index the greater the potential for damage to the skin. If the UV index is greater than 3, individuals need to ensure they have followed the Sun Protection guidelines to decrease the risk of skin cancer. Contact SunSmart to obtain an UV Alert Brochure, which outlines further information.
Rain/Hail/Wind [ON]
- Excessive rain that creates an unsafe playing environment is not appropriate for playing Beach Sports.
- It is advised that hail and wind will cause the training session or match to be postponed or cancelled.
Electrical Storms [ON]
- Electrical storms can create an unsafe playing environment, which is not appropriate for playing beach Sports. If thunder is heard or lightning seen the Tournament Manager, referees and captains are to discuss whether the playing environment has become unsafe.
- If these individuals are unable to come to an agreed decision they are to contact Netball Victoria for further advice.
- All players, coaches, officials, and spectators should be aware of the closest structure or location to the field or playing area where everyone can retreat to if an electrical storm develops.
- Avoid standing near tall objects.
1.2 PLAYING ENVIRONMENT & EQUIPMENT
Playing Surface [IN]
- Indoor surface should be checked for cracks, holes and debris and defects remedied prior to play.
- All hard surfaces should be cleaned of dust prior to play and maintained according to manufacturer’s instructions.
- Playing surface should be uniform and constructed of the same material throughout the playing area and free space.
- The playing surface and surrounding area should be free of obstructing materials such as personal belongings, bags and equipment.
- Hard surfaces are likely to be slippery when wet. Surfaces should be free of moisture before the commencement of the game and dried during the course of play, especially in warmer weather when players are more likely to perspire.
- The Tournament Manager is to check whether the local Council has completed racking duties within the week of a Beach Netball tournament.
- Beach Sports courts and surrounding free space should be thoroughly checked so that sand is clean and free from damaging/dangerous objects.
- Participants should regularly check the playing area throughout their session for any debris that may have surfaced as a result of the agitation of sand.
- In particularly hot weather, monitoring of sand temperature may be necessary. In cases of extreme heat the sand should be lightly watered to assist in reducing the surface temperature.
- Watering cans should be available to complete this process.
- Players should be advised that the wearing of socks (or AVF endorsed sand shoes) may be advisable on hot days. Effort to keep socks dry will prevent heat conduction and reduce potential to burn feet.
Playing Surface [ON]
Gymnasium Area [IN]
- Roof height for indoor Sports should be a minimum of seven metres.
- Lighting should conform to Australian standards of a minimum of 300 lux for ball training and grade competition.
- All lights and scoreboards should be adequately protected for an environment where it may come into contact with balls due to the dangers of breakage.
Free Space
- Ideally there should be a minimum area of 3 metres of free space around the court boundary (for beach and indoor Netball).
- This space should remain free of equipment, chairs, debris and spectators for the duration of the Sports match or training session.
- All net posts and referee stands should be secure and padded.
- Levers attached to the posts, used to tighten the net, should be removable and stored safely prior to activity.
- The ball and net should be in good working order and of regulation size and shape.
- Indoor Sports balls should be constructed of a flexible leather or synthetic leather case with a bladder inside made of rubber or a similar material and be inflated to 4.264.61psi.
- Beach Sports balls should be made of a flexible material (leather, synthetic or similar), which is resistant to humidity absorption and with a bladder inside made of rubber or similar. The ball should be inflated to 2.483.20psi.
- Fully enclosed suitable sporting shoes must be worn at all Indoor Sports training sessions and matches.
- All jewellery is to be removed before the commencement of training sessions or matches. Wedding bands and medical bracelets are exempt, however, both items must be tapped in a manner unlikely to cause any injury to another player. Before matches the game official is responsible for checking these things are removed.
Equipment
- Equipment is maintained and checked before each set up to ensure it is safe for use in training sessions and matches.
- The referee must ensure that the net posts are padded prior to a Netball match.
- The equipment is to be used for the purpose for which it was designed.
- Equipment is maintained and checked every three months to ensure it is safe for use in training sessions and matches. The equipment is to be used for the purpose for which it was designed. If club equipment needs repair it should be tagged and logged in an ‘Equipment Log’ and signed off when it is fixed.
Suspension/Cancellation of play
Cancellation and suspension of play of Indoor and Beach Sports training sessions and matches may be deemed appropriate by consultation between the Tournament Manager, referees and coaches if the playing environment is unsafe. Cancellation of training sessions or matches should be discussed if:
- The temperature is above 38ºc.
- Rain, hail or wind has adversely affected the playing environment.
- The lighting is inappropriate.
- The playing surface is inappropriate.
- The equipment is unsafe.
(Please view each related area for minimum standards)
1.3 EMERGENCY PLAN
A comprehensive emergency plan to cover fire, violence, environmental threats and medical emergencies should be in place at all Netball clubs to ensure prompt resolution is achieved to decrease the negative effects of the event.
- All clubs and sports service providers should have their own documented emergency procedures. This includes the name/position of the person responsible for contacting the emergency services.
- Stadium exits must be signposted according to legal standards.
- In the event of an emergency, (e.g. fire, violence or natural disaster) each coach must be responsible for congregating his or her team at a safe evacuation point and accounting for attendance.
- Coaches are responsible for informing all team members of the evacuation point. If travelling, the coach should consult the home team of the appropriate evacuation point.
- First Aid equipment must be accessible at all times. All individuals should be aware of its location.
- Travelling teams should carry first aid equipment to all training sessions and matches.
- The first aid equipment should be checked regularly and used stock recorded and replaced as soon as possible using the ‘First Aid Maintenance Form’ and ‘First Aid Order Form’.
- Coaches or appointed club official are responsible for informing parents (if under 18) or next of kin of all victims if an emergency occurs.
- Ensure appropriate access is available for an ambulance.
- Each club/team should nominate an individual who is responsible for contacting emergency services. All other individuals should be aware of this person and no one else should complete this role, unless told to do so by the nominated first aid officer.
- All individuals should know the location of the telephone and all emergency contact phone numbers should be listed at this location.
- When calling emergency services, the emergency personnel will ask for the following information:
- Location of the emergency
- Cross street of landmark
- Call back phone number
- Nature of emergency
- Number of people involved
- Is the patient conscious?
- Is the patient breathing?
- Do not hang up the telephone until the operator instructs you to do so.
1.4 PHYSICAL PREPARATION
- Warm-up’s are an essential element in participation in both training sessions and matches. Warming up increase the heat throughout the body, reducing the risk of tearing or straining muscles by increasing their suppleness. The warm up should be performed at a gradual intensity and well within the participant’s capabilities. It should not be strenuous and should not hurt.
- Participants should hydrate prior to warm up.
- A combination of both aerobic activity and modified Netball activities as a warm up is recommended.
- It is also preferable to include a balanced stretching routine as part of the warm up in aid of both physical and psychological preparation for Netball activity.
1.5 FIRST AID
- It is recommended that all clubs and teams nominate a First Aid Officer at all training sessions and matches.
In the event of an individual becoming injured the following steps should be taken:
- It is recommended that all players complete an ‘Athlete Medical Profile – Personal Record Form’ before commencing participating in any Sports activities. These forms are confidential and will be stored securely and only viewed by relevant staff.
- The nominated First Aid Officer should control the care of the injured participant.
- There is access to a clean and hygienic first aid area.
- Providing it is safe to do so, the injured player should be moved to an area off the court they will not cause further risk to themselves or others.
- Under no circumstances should the player by administered a drug of any kind.
- If required on instruction from the First Aid Officer, an ambulance or transport arrangements should be made immediately to enable the injured player to seek medical assistance.
- The parents/guardian (if under 18) or next of kin should be notified of injury as soon as possible.
- First aid equipment must be accessible at all times. All individuals should be aware of its location.
- A stretcher/wheelchair of good condition is available for use by the First Aid Officer.
- Ice is required at all training sessions and matches.
- A stretcher/wheelchair of good working condition is available for use by the First Aid Officer.
- Travelling teams should carry first aid equipment to all training sessions and matches.
- The first aid equipment should be checked regularly and used stock recorded and replaced as soon as possible using the ‘First Aid Maintenance Form’ and ‘First Aid Order Form’.
1.6 INFECTIOUS DISEASES
A number of blood-borne infectious diseases can be transmitted during Sport. Even if defined as a noncontact sport, injured or bleeding participants may come into contact with their teammates at any time and hence transmit infectious diseases.
- All open cuts and abrasions must be reported to the first aid officer and treated immediately.
- It is recommended that all players be vaccinated for Hepatitis A and B and influenza.
- Players with a history of infectious disease (such as Hepatitis A and B, HIV etc.) shall obtain clearances from a doctor prior to participation.
- All blood and body fluids should be treated as though they are potentially dangerous.
Blood Rule
- If a player is bleeding they must exit the game or training until the bleeding has stopped and the wound adequately covered.
- Play must cease until all blood on the ground or on object has been cleaned and sanitized.
- The bleeding must be stopped, the wound dressed and blood on the player’s body or clothing cleaned off before they can return to the game.
- When cleaning up blood and body substances:
- Disposable gloves must be worn, these must be changed and discarded as soon as they are torn or punctured, and after contact with a player.
- Clean the spill site with a detergent solution.
- Wipe the site with disposable towels soaked in a 1:10 solution of bleach to water.
- All contaminated materials (e.g. gloves and paper towels) should be placed in a plastic bag and disposed of in the bin.
- If bleeding cannot be controlled and the wound securely covered, the player must not continue in the training session or game.
1.7 QUALIFICATIONS
Coach
- Coaches are the primary person responsible for the well being of Sports participants. Coaches are also responsible for the delivery of safe and effective training and playing environments.
- It is recommended that all coaches are required to attain a minimum of Level 1 coaching accreditation as a measure to assist coaching in basic rules and strategies of Sports.
- It is preferable that all coaches undertake basic first aid training.
- All coaches must comply with the Australian Netball Federation Member Protection Policy and be aware of the Codes of Behaviour.
Referee
- Referees are responsible for a safe playing environment before and during a Sports match.
- It is strongly advised that all referees posses a minimum accreditation of District Referee to ensure their officiating knowledge and ability to facilitate appropriate practices.
- Pursuing higher accreditation levels of Regional and State referee is encouraged and are awarded by the Victoria Referees applicable Association
Commission based on assessment of competence and fulfilment of stipulated practical criteria.
- All referees should undertake basic first aid training.
- All referees must comply with the Australian Netball Federation Member Protection Policy and be aware of the Codes of Behaviour.
First Aid Officer
- Any person holding a valid Senior First Aid Accreditation is eligible for nomination as the First Aid Officer of a Sports club or team.
- It is recommended that a First Aid Officer is present at all Sports training sessions and matches.
Working with Children Checks (Effective 01.07.2008)
- All employees and volunteers who work in, or in direct or unsupervised contact with, any children under the age of 18 may be required to obtain a Working with Children Check (WWC Check). The WWC Check helps to protect children from sexual or physical harm by checking a person’s criminal history for serious sexual, violence or drug offences and findings from professional disciplinary bodies. The introduction of the WWC Check creates a mandatory minimum checking standard across Victoria.
Member Protection Policy
- All coaches, officials, administrators and club managers should read and understand the TRA Member Protection Policy. This document aims to ensure the core values, good reputation and positive behaviours and attitudes of TRA are maintained. It assists in assuring that every person involved in Sports is treated with respect and dignity, and is safe and protected from abuse. The policy outlines procedures for eliminating discrimination, harassment, child abuse and other forms of inappropriate behaviour in Netball.
- All coaches, officials, administrators and club managers who are in direct and unsupervised contact or work with people under the age of 18 years will be required to complete a Member Protection Declaration or a Release And Waiver Of Liability Agreement as outlined in the Member Protection Policy.
1.8 ACTIVITY SPECIFIC ISSUES
Chasing ‘in play’ out of control balls
- In the event of a ball becoming out of control, players are required to act sensibly and responsibly when chasing the ball, particularly in an environment that has more than one court in operation.
- It is prohibited to put your safety or the safety of others at risk when chasing the ball. It is not acceptable to chase a ball into the stands or audience area surrounding the court.
Shared Foot Space
- During match play, effort should be made by players and officials to minimise the risk of lower limb injury.
- This can be achieved by ensuring players do not land, or cross over into the centre line foot space area of the opponents court.
- The same precautions should be taken during training sessions. Coaches are advised to construct drills that minimise risk of players sharing foot space beneath the net.
2. POST TRAINING SESSION OR MATCH
The post play section of these standards contain the documented policies which should be adhered to after indoor and beach Netball training sessions or matches to reduce the risk of injury to players, coaches, officials and spectators.
2.1 COOL DOWN
- As with a warm-up, all players should have a routine cool down following participation in both indoor and beach Sports.
- To encourage compliance it is advised that this program is simple, and is enforced by the coaching staff for player injury prevention. Specific needs relating to individual player rehabilitation should be addressed in the cool down.
- Cooling down is important to help remove muscle waste products acquired during exercise. It reduces muscle soreness and stiffness and will enable the same level of performance to be attained within a short period.
- Cooling down should include a low intensity jog immediately after exercise, and ten minutes of stretching, again targeting major muscle groups used during exercise.
2.2 REPORTING
It is recommended that the following information be recorded in the appropriate documentation:
- Physical Preparation Athlete Medical Profile – Personal Records Form
- Injuries Incidence Reporting Form
- Emergencies Incidence Reporting Form
- Equipment failure Equipment Maintenance Form
- Playing Area Maintenance Facility Evaluation & Maintenance List
- First Aid Equipment First Aid Equipment List
- First Aid Equipment Orders Australian Red Cross – First Aid Order Form
2.3 PACK UP
- All indoor and beach Sport courts should be cleared of any waste or mess after use.
- The net and poles should be taken down and stored appropriately if necessary.
- Change facilities, including shower and toilet facilities are cleaned after each period of use and kept in a clean and hygienic state.
- Ensure all spectator areas are cleaned and all rubbish removed.
3. ALCOHOL AND DRUGS
Alcohol
- TRA discourages the consumption of alcohol before, during and immediately after participation in Sports training sessions and matches.
- In the interests of health, comfort and safety TRA actively encourages a responsible service and consumption of alcohol.
Drugs
- TRA advises that all participants must comply with the AVF Anti-Doping policy.
- The use of illegal substances is not permitted before, during or immediately after all Sports training sessions and matches.
Smoking
- Smoking is prohibited in areas within five metres of the entrance to any sporting facility.
- Smoking is prohibited in spectator areas.
- Smoking is prohibited in all indoor areas.
- All players are prohibited to smoke for the duration of the training session or match.
4. RULES & VARIATIONS
4.1 RULES
- All players, coaches and officials are expected to have read and have an understanding of the Official Sports Rules.
4.2 FEMALES
- TRA recommends pregnant women seek medical advice before continuation in Sports training and competition.
4.3 JUNIORS
- The Australian Sports Federation ‘Junior Sport Policy’ outlines further guidelines for junior Sports participants.
Weather
Sports Associations and Clubs should check 24 hours in advance of activity for forecasted temperature on days of training and competitions.
Precaution should be established when the temperature reaches over 34ºc. The following steps can be taken to minimise the risk of heat illness:
- If temperature on playing area reaches above 30ºc, measure the temperature every 30 minutes after commencement of activity to ensure there is no increase.
- Modify rules to reduce workloads/activity time i.e. shorter activity sessions, game time etc.
- Schedule training sessions and matches outside of the warmest part of the day (11am – 3pm)
- Encourage increased rotation of players.
- Increased drink breaks and rest periods.
- Ensure access to water, shade and sunscreen.
- Communicate regularly with officials, coaches, players and parents to monitor the well being of players.
If the temperature on the field reaches over 36ºc at the time of play, Sports Associations and Clubs have the ability to postpone or cancel activity. [/togglebox][togglebox title=”Code of Conduct”]
PURPOSE
The purpose of the TRA Sports Code of Conduct is to provide all participants with some simple rules concerning the standard of behaviour that is expected at all matches, functions and events.
GENERAL PRINCIPLES
Participants in Sport include:
Registered players;
- Accredited persons (coaches, first aid officers, league safe officers, referees and touch judges);
- Officials (club, league or association staff and volunteers, ground managers and duty officials);
- Parents/carers of players, sponsor representatives and club supporters;
- Members of the general public attending as spectators.
Every participant should:
- Discourage all instances of unsportsmanlike behaviour, foul or illegal play, or acts of violence, both on and off the field;
- Respect the rights, dignity and worth of every person regardless of their gender, ability/disability, sexual orientation, cultural background or religion;
- Condemn the use of recreational and performance enhancing drugs and doping practices; their use endangers the health of players and is contrary to the concept of fair play.
CODE OF CONDUCT – PLAYER
- Be a good sport. Respect all good play whether from your team or the opposition and shake hands with and thank the opposition players and officials after the game – win, lose or draw.
- Participate for your own enjoyment and benefit.
- Always respect the referee’s decision.
- Never become involved in acts of foul play.
- Honour both the spirit and letter of the competition rules and live up to the highest ideals of ethics and sportsmanship; avoid gamesmanship and respect the traditions of the game.
- Never engage in disrespectful conduct of any sort including profanity, sledging, obscene gestures, offensive remarks, trash-talking, taunting or other actions that are demeaning to other players, officials or supporters.
- Care for and respect the facilities and equipment made available to you during training and competition.
- Safeguard your health; don’t use any illegal or unhealthy substances.
- Recognize that many officials, coaches and referees are volunteers who give up their time to provide their services. Treat them with the utmost respect.
- Do not bet or otherwise financially speculate, directly or indirectly, on the outcome or any other aspect of a Sports match or competition in which you are involved.
In addition to TRA Sporting values and general Code of Conduct, as a player or participant in any activity held by or under the auspices of TRA, must meet the following requirements in regard to your conduct during that activity.
- Be a positive role model for softball at all times and value the individual.
- Participate within the competition conditions and rules and in the spirit of fair play.
- Accept victory and defeat with dignity.
- Comply with umpires’ decisions in a professional and respectful manner.
- Cooperate with all official requests to promote softball in a professional manner.
- Respect the rights, dignity and worth of all people, and refrain from any discriminatory practices against any person regardless of age, gender, ethnic origin, religion or ability.
- Refrain from making derogatory, demeaning or discriminatory remarks about any administrators, players, coaches or other players.
- Be professional in your appearance and manner and accept responsibility for your actions.
- Display high standards in language, manner, punctuality, preparation and presentation
- Display control, respect, dignity and professionalism to all involved with softball, including opponents, coaches, officials, umpires, scorers, administrators, the media, parents and spectators
- Maintain high standards of personal appearance and behaviour
- Encourage others to demonstrate the same qualities
- Refrain from any form of sexual innuendo or harassment towards any player, coach or official. This includes explicit, implicit, verbal and non-verbal sexual harassment.
- Refrain from initiating a relationship with your coach.
- Do not tolerate acts of aggression.
- Perform any duties and responsibilities where you are a representative of Sports Australia in a mature, fair and professional manner.
- Refrain from engaging in any behaviour that is in breach of Sports Australia’s Member Protection Policy.
CODE OF CONDUCT – COACHES
Qualified coaches are vital to safe participation in junior sport and active recreation.
Coaches MUST have:
- at least an entry level coaching accreditation
- completed a safety focused course such as sports trainer or sports first aid courses.
Coaches should:
- create an environment that encourages fair play and playing within the rules
- plan all coaching sessions and keep records
- be aware of child protection responsibilities
- ensure that key medical information about the participants is collected and taken into account before participation
- conduct a warm up before activity
- include activities that are appropriate for the participants’ physical and skill levels
- progress activities at a rate suitable for all participants, and match participants in physical contact situations
- set and enforce rules for activities
- check playing areas, facilities and equipment to ensure they are suitable for use
- ensure that safety equipment and protective devices are used during training and competition
- take the environmental conditions into account and modify activities if necessary (e.g. hot/humid or cold/wet conditions)
- provide adequate instruction and supervision
- consider individual needs and adapt/modify activities if required
- consider different athlete growth rates and maturation when planning activities
- undertake ongoing professional development.
Officials, in partnership with coaches and parents, can provide a safe environment to protect young participants from physical injury and emotional abuse by:
- rule management (game safety and fairness)
- rule education (participant development and sportsmanship).
This involves identifying, managing, and reviewing risks. For example, being prepared to make the hard decisions and cancel games if safety is compromised. Officials should practise safety in sport and recreation by:
- checking that facilities and equipment are safe
- canceling the contest or event if safety is compromised
- ensuring the spirit of participation is observed, i.e. fun and inclusion
- enforcing the rules of the sport
- controlling the conduct of participants
- keeping records of any incidents that may occur
- being aware of child protection responsibilities.
CODE OF CONDUCT – PARENTS
Parents support and contribute to their children’s safe participation in sport and active recreation. Parents are key role models to promote safety and provide their children with the correct safety equipment.
Children and young people should be encouraged and allowed to try a number of sports and activities for a long time before they become ‘specialists’ in individual sports. ‘Talent’ in one particular sport or activity usually doesn’t emerge until adolescence or early adulthood. Experience in a number of sports and activities may prevent injuries by:
- providing whole body strength and development
- helping to develop confidence and competence to safely participate in new tasks
- decreasing the potential of overuse injuries.
Parents should look for opportunities to promote safety by:
- focusing on their children’s and team’s efforts and enjoyment rather than winning or losing
- providing appropriate protective equipment (e.g. mouthguards, head gear, hats and water bottles) ask the teacher, coach or club what is needed
- supporting fundraising efforts for protective equipment and working bees to make grounds and facilities safe
- participating in programs such as the Good Sports Monitor and Play By the Rules
- abiding by the code of conduct
- dropping off and picking up on time and notifying the coach who will pick up your child
- filling in forms in detail
- providing appropriate nutrition and encouraging healthy practices
- working with their child and their coaches and teachers to monitor activity load and intensity and plan appropriately to avoid overtraining.
Parents should support and contribute to their children’s safe participation in sport and active recreation by:
- Understanding what is expected of them and their children from coaches, clubs, schools and associations.
- Talking to the coach about their child and the activity program.
- Asking questions before they join a club to make sure it is the right place for their child.
- Being involved.
Talking about safety, fulfilling your roles and responsibilities, keeping qualifications up to date and furthering your attending education and training will help you continue to maintain a safe sporting environment for children and young people.
CODE OF CONDUCT – SAFETY PERSONNEL
When coaches, officials, sports trainers, sports first aiders, other safety personnel, parents and participants follow safety guidelines the risk of serious injury is minimal.
If an injury occurs the golden rule in managing it is “do no further damage”.
Inadequate or inappropriate first aid may aggravate the injury and cause an increase in the time necessary before returning to participation. It is important that the injured participant is assessed and managed by an appropriately qualified person such as a sports first aider, sports trainer or medical professional.
An appropriately qualified first aider should be on hand at all sporting and recreation events, including training and practice sessions. Sports Medicine Australia recommends that a sports first aid or sports trainer course from the Safer Sport Program is the most appropriate training for the sporting environment due to its emphasis on the prevention of injury. It also covers in depth, the recognition and initial management of the common soft tissue, hard tissue, and skin injuries that occur in sport.
The course provides a distinct practical emphasis on managing these situations in the sporting environment. Sports Medicine Australia also offers regular workshops to update knowledge and practices for sports trainers. The role of sports trainers is about risk management and injury prevention, as well as treatment. Risk management strategies extend to the acquisition and maintenance of appropriate equipment including a well-stocked first aid kit, mobile phone, tape, and an emergency action plan.
It is recommended that a first aider should be present at all sporting events with participants under 16 years of age. A sports trainer should be present at all sporting events with participants over 16 years of age. Any complaint of pain, tenderness, limitation of movement or disability should be promptly referred to a qualified sports first aider, sports trainer or medical professional for management.
An appropriately qualified first aid provider should be on hand at all sporting and recreation events, including training and practice sessions.
CODE OF CONDUCT – SUMMARY OF OFFENCES
No person(s) attending a match, function or event shall:
- Use offensive or obscene language to any participant;
- Enter the Field of Play during the course of a match without the prior approval of the Ground Manager appointed by the home club and/or league;
- Excessively dispute the decision of a referee or touch judge either during or after a match;
- Assault or act with aggression to any person/s;
- Behave in a way contrary to the Code of Conduct and/or the spirit of the game;
- Behave in a way which disturbs the enjoyment of a match, function or event by any other person/s, or brings discredit to the home club and/or league;
- Act in such a way as to exhibit racial intolerance, by language or other conduct, to any person/s;
- Refuse to accept the reasonable direction of the Ground Manager, official of the team/club which that person is supporting, or official of the home club and/or league.
Clubs are responsible for the conduct of their players, parents/carers of players, coaches, officials and club supporters.
Breaches of the TRA Sports Code of Conduct may result in penalties, including but not limited to:
- Suspension of a match and/or
- Termination of a match (including potential forfeiture of competition points) and/or
- Monetary fines and/or
- Suspension of a participant on a temporary or permanent basis and/or
- Suspension of a club, league or association on a temporary or permanent basis.
These penalties are in addition to any penalty which may be imposed by the home league’s judiciary.
[/togglebox][togglebox title=”Code of Conduct Procedures”]
PURPOSE
The purpose of the TRA Sports Code of Conduct Procedures is to provide administrators with details of the procedures that are to be followed in the case of a breach of the Code as well as information regarding penalties, appeals and notices.
DEFINITION
For the purposes of this Code, participants include:
- Registered players;
- Accredited persons (coaches, first aid officers, league safe officers, referees and touch judges);
- Officials (club, league or association staff and volunteers, ground managers and duty officials);
- Parents/carers of players, sponsor representatives and club supporters;
- Members of the general public attending as spectators.
PROCEDURES
Section (A) Breaches of the Code – Ground Manager on Match Day
- Any person/s committing an offence, as listed under the TRA Sports Code of Conduct Summary of Offences, may be reported by the Ground Manager, or an official of the home club/league, to the Team Manager or other representative of the team which that person/s is supporting. Where a team does not have a Team Manager present, a request or direction from the Ground Manager, or official of the home club/league, to any representative/official of the team or the team’s club, shall be regarded as a direction to the Team Manager for the purposes of this Code.
- The Ground Manager and/or the Team Manager/official must advise the offending person/s of the relevant breach of the Code. The Ground Manager and/or the Team Manager/official should complete a Code of Conduct Incident Report form and endeavour to obtain the name/s and contact details of the offending person/s.
- In the event that the inappropriate conduct continues, the Ground Manager and/or the Team Manager/official may request the offending person/s to immediately leave the venue or facility. This should also be noted on the Code of Conduct Incident Report form.
- In the event that the offending person/s refuses to obey the direction of the Ground Manager and/or Team Manager/official, the Ground Manager may seek the assistance of the venue/facility security staff to request the offending person/s to immediately leave the venue or facility.
- If the offending person/s continues to refuse the direction of the Ground Manager and/or Team Manager/official and/or venue/facility security staff, the Ground Manager may ask the referee to stop the match. If the offending person/s either ceases the inappropriate behaviour or leaves the venue or facility, the match may be resumed. If not, the match may be terminated. In the event that the match is so terminated, the home league may, at its absolute discretion, award the competition points to the non-offending team, or declare that neither side shall be awarded competition points for that match.
Section (B) Breaches of the Code – Any League Official on Match Day
- Any person/s committing an offence, as listed under the TRA Sports Code of Conduct Summary of Offences, may be reported to the Ground Manager by a referee, touch judge, club and/or league official. The Ground Manager or the referee, touch judge, club and/or league official should complete a Code of Conduct Incident Report form and endeavour to obtain the name/s and contact details of the offending person/s.
- Breaches under this clause 3, B, (i) may be dealt with under the match day provisions listed above in clause 3, A, (i) to (v) or be the subject of a separate report. In either case, a Code of Conduct Incident form must be completed.
Section (C) Breaches of the Code – Club and/or League Official at Function or Event
- Any person/s committing an offence, as listed under the TRA Sports Code of Conduct Summary of Offences, may be reported by a club and/or league official. The club and/or league official should complete a Code of Conduct Incident Report form and endeavour to obtain the name/s and contact details of the offending person/s.
- Breaches under this clause 3, C, (i) should be the subject of a separate report.
Section (D) Lodgement of the Code of Conduct Incident Report
All Code of Conduct Incident Reports must be lodged with the home league’s General Manager by 12 noon on the first working day after the breach occurred.
The league should maintain a register of Incident Reports.
After reviewing the Incident Report, the General Manager shall decide whether any further action under the Code is warranted.
If no action is to be taken, the General Manager shall write to the offending person/s and/or the person/s club, if known, and advise them that a breach has occurred, but no action is being taken at this time.
Section (E) Code of Conduct Breach Notice
If the General Manager decides that a breach has occurred, and a penalty is warranted, he shall issue a Code of Conduct Breach Notice to the person/s and/or the person/s club by no later than 5:00pm on the first working day after the breach occurred, normally Monday. The Breach Notice shall clearly state the details of the breach (as per the Code of Conduct Summary of Offences); the proposed penalty; and a date and time by which a written response is due, normally by no later than 5.00pm on the third working day after the breach occurred, normally Wednesday.
Once the offending person/s and/or the person/s club have responded to the Breach Notice, the General Manager shall determine if the charge is sustained and if so, whether a penalty applies.
The General Manager shall write to the offending person/s and/or the person/s club and advise them of the result of the charge and the penalty imposed, normally by no later than 12 noon on the fourth working day after the breach occurred, normally Thursday.
If the person/s and/or the person/s club accept the penalty, no further action is necessary and the penalty will take effect immediately.
Section (F) Code of Conduct Appeal
The offending person/s and/or the person/s club may request an appeal against the penalty. An appeal may only be lodged on the basis of new evidence not previously presented (E.g. new video evidence, new witness statements, etc). A non-refundable fee of $100 must accompany any request for appeal.
The General Manager will refer the request for appeal to a director of the home league who will review the new material and determine if an appeal may go ahead.
If an appeal is approved, the General Manager will convene a tribunal consisting of up to two officials nominated by the league, one of whom may be a lawyer, to hear the appeal. The proposed penalty will be set aside until the Appeal Hearing has been completed.
An Appeal Hearing shall not proceed, and the proposed penalty will be in force, where the offending person/s and/or the person/s club representative fail to appear.
The General Manager will fix the date, time and place for the Appeal Hearing as soon as practicable after the appeal is approved and will advise all relevant parties.
The Appeal Tribunal may regulate any proceedings brought before it in such a manner as it thinks fit provided that it must give all persons entitled to be heard by it the opportunity to be heard and to make submissions in respect of the issue of penalty.
The Appeal Tribunal may confirm, reverse or modify the proposed penalty and make such orders and give such directions as in its absolute discretion it thinks fit.
The General Manager shall advise all parties of the Appeal Tribunal’s decision as soon as is practicable after the Appeal Hearing.
PENALTIES
- Low Range Offence
- A fine of up to $500.00, and/or loss of competition points, and/or suspension of the coach, first aid officer, referee, touch judge, official or spectator from attending future matches.
- Mid Range Offence
- A fine of up to $1,000, and/or suspension of the coach, first aid officer, referee, touch judge, official or spectator, and/or team and/or club from the competition on a temporary basis.
- High Range Offence
- A fine of up to $2,500 and/or suspension of the coach, first aid officer, referees, touch judge, official or spectator, and/or team and/or club from the competition for the remainder of the season, or permanently.
These penalties are in addition to any penalty which may be imposed by the home league’s judiciary.
- A fine of up to $2,500 and/or suspension of the coach, first aid officer, referees, touch judge, official or spectator, and/or team and/or club from the competition for the remainder of the season, or permanently.
GENERAL
- Generally speaking, Code of Conduct matters will involve incidents that happen outside of the Field of Play. Likely instances are:
- Being abusive to match officials
- Refusing to obey directions
- Being under the influence of alcohol and/or drugs at a match, function or event
- Being abusive to club and/or league staff and volunteers
- Misbehaviour by participants on a tour, camp or tournament
- Misbehaviour on any form of transport on the way to or from any match, function or event
- The following persons are liable to be dealt with under the Code of Conduct:
- Accredited persons (coaches, first aid officers, league safe officers, referees and touch judges);
- Officials (club, league or association staff and volunteers, ground managers and duty officials);
- Parents/carers of players, sponsor representatives and club supporters;
- Members of the general public attending as spectators.
- Any incident involving a registered player during a match will handled by the league’s judiciary.
The provisions of the Code of Conduct relating to breaches can apply to both individuals (whether they support a particular club or not) or a club.
- A Breach Notice can be sent to a person/s that is identified on the Incident Report Form. Any subsequent penalty will apply directly to that person/s.
A Breach Notice can be sent to a club where it is believed that their supporters have breached the Code, whether they are identified or not. In this case, any subsequent penalty will apply directly to that club.
A Breach Notice can also be sent to a club where an individual has been identified, for example a coach or first aid officer. In this case, any subsequent penalty will apply to the identified person.
[/togglebox][togglebox title=”First Aid Policy”]First aid is an important aspect of Occupational Health and Safety. In recognition of this, TRA is committed to providing suitably trained First Aid Officers, together with First Aid Facilities to administer First Aid treatment.
This policy applies to all employees, volunteers, contractors and visitors of TRA.
PURPOSE
The purpose of this document is to provide an overview for TRA to establish first aid facilities and services for their organisation.
POLICY
TRA is committed to providing a safe and healthy work environment for employees, volunteers, contractors and visitors. TRA will endeavour to provide appropriate and adequate First Aid treatment in the event of a person sustaining a work-related injury or illness.
TRA will systematically identify causes of work injury and work-related illness and assess the risk of work injuries and work-related illness occurring. The appropriate First Aid Facilities and training will be determined, evaluated and provided.
TRA will meet First Aid Legislative requirements as a minimum standard.
TRA will give all designated First Aid Officers the opportunity to be vaccinated against Hepatitis B.
First Aid Facilities will be maintained on a regular basis.
DEFINITIONS
First Aid is the provision of emergency treatment for people suffering injury or illness at work.
First Aid Facilities refers to the First Aid Kit and/or First Aid Room.
RESPONSIBILITIES
It is the responsibility of Managers to ensure that:
- adequate and appropriate First Aid Facilities are provided;
- appropriate and adequate training is arranged for First Aid Officers;
- First Aid Officers’ training is up to date and certificate current.
It is the responsibility of First Aid Officers to:
- inspect and maintain First Aid Facilities;
- assess if medical assistance is required;
- administer appropriate First Aid in accordance with their training;
- maintain First Aid records as outlined in this procedure;
- maintain confidentiality with regard to information obtained as part of their role.
PROCEDURE
Managers are required to determine the number of First Aid Officers required for each worksite. This should be done through discussions with the Human Resources Department who will advise what legislative requirements exist.
First Aid Officers
If First Aid Officers are deemed necessary for the site, Management should determine which Employees would like to be trained as the site First Aid Officer.
The appropriate Manager or Supervisor will then arrange training for First Aid Officers.
A copy of the First Aid Officers’ qualifications are to be filed on their personnel file.
First aid emergency drills should be included as part of the emergency evacuation drill process.
Where First Aid Officers exist, the name, photograph and extension number of the First Aid Officers is to be located next to the First Aid Facilities.
First Aid Facilities
The level of First Aid Facilities should be determined through discussions with the Human Resources Department, which will determine the type of facility required by law, to assist in determining the level of First Aid Facilities.
Where First Aid Facilities are deemed necessary, they are to be located at points convenient throughout the workforce and where there is a significant risk of an injury occurring. The First Aid Facilities must be identified with a sign hung directly above the First Aid Facility. The sign must have a white cross on a green background. The sign must be Australian Standard Compliant (AS1319).
First Aid Kit
The contents of the First Aid Kit must be protected from dust and damage, and be kept in a container which clearly identifies the contents and purpose. The container must be easily recognisable (for example, a white cross on a green background prominently displayed on the outside) and should not be locked.
The following items should be included in a basic First Aid Kit:
- emergency services telephone numbers and addresses;
- name, photograph and telephone number of First Aid Officers (should be displayed on the outside of kit);
- basic first aid notes;
- individually wrapped sterile adhesive dressing;
- sterile eye pads;
- sterile covering for serious wounds;
- triangular bandages;
- safety pins;
- small sterile un-medicated wound dressing;
- medium sterile un-medicated wound dressing;
- large sterile un-medicated wound dressing;
- adhesive tape;
- elastic or crepe bandages;
- scissors;
- disposable latex gloves;
- approved resuscitation face mask fitted with a 1-way valve;
- eye wash (once-only use container) & guidance notes;
- disposable face masks;
- protective eye glasses;
- disposal bags marked “Caution – Biological Hazard”
The First Aid Kit, and where appropriate First Aid Facilities, must be inspected by the First Aid Officer every month. The First Aid Facilities checklist must be completed and filed by the First Aid Officer following each inspection.
The First Aid Officer must notify the appropriate Manager or Supervisor if stock needs to be replenished.
The appropriate Manager or Supervisor will ensure the stock is ordered, delivered and given to the First Aid Officer to restock the facilities.
First Aid Treatment
If a person requires First Aid treatment the nearest First Aid Officer must be contacted to administer First Aid treatment.
The First Aid Officer must record the following information:
- name and location of person;
- type of injury, if known;
- urgency of matter; and
- determination if another First Aid Officer is required.
The First Aid Officer will attend to the injured or ill person and provide assistance that they consider the most appropriate. First Aid Officers must only provide assistance in accordance with their training.
Where an injury is of a more serious nature and requires the person to be referred to a doctor or taken to hospital, the First Aid Officer will determine the appropriate transport. The First Aid Officer will ask the injured employee’s Manager or Supervisor to arrange the transport.
First Aid Records
When using supplies from the First Aid Kit the ‘First Aid Kit Log Book’ must be completed. The log book is to be kept inside the First Aid Kit. The following details must be entered into the log:
- date and time;
- name of injured person;
- nature of injury/illness;
- treatment provided;
- supplies used;
- name of attending First Aid Officer.
The First Aid Officer must record details of all injuries using an Injury/Incident Report Form.
The First Aid Officer must complete an Incident Report Form and file on site, sending a copy to the TRA Sport & Fitness Portfolio Manager.[/togglebox][togglebox title=”Anti Doping Policy”]
BACKGROUND
Under a referral dated 16 March 2006 Te Roopu Atawhai Inc. (TRA) referred the following anti-doping functions, powers and responsibilities (anti-doping functions) to the Australian Sports Anti-Doping Authority (ASADA):
- investigating possible anti-doping rule violations within the sport of Sports
- issuing infraction notices or other matters under the determined results management process
- convening hearings before the Court of Arbitration for Sport (CAS).There is no other hearing body for anti-doping matters in Sports
- presenting allegations of anti-doping rule violations and all relevant, incidental matters in hearings before CAS, and
- notifying the results of investigations and hearings and all relevant, incidental matters to relevant bodies including TRA. Any notification will be subject to the Australian Sports Anti-Doping Authority Act 2006 (ASADA Act) and privacy legislation.
TRA and ASADA acknowledge and agree that under the ASADA Act, ASADA has the function of supporting and encouraging the development and implementation of comprehensive programs and education initiatives about sports drug and safety matters. TRA will assist ASADA with such matters and will provide education and information regarding anti-doping rules and matters to persons within the sport of Sports within the framework established by ASADA.
ASADA will perform and conduct the anti-doping functions in accordance with this referral and the ASADA Act. ASADA will use its best endeavours to ensure the anti-doping program is recognised.
SAL refers the above anti-doping functions to ASADA on the basis that:
- ASADA will as soon as practicable, subject to the ASADA Act and privacy legislation, provide to SAL copies of relevant documents including but not only test results, infraction notices and hearing documents
- TRA retains the right to appear in anti-doping hearings before CAS as an interested party. TRA will determine whether it wishes to exercise this right upon notification of a hearing by ASADA. If SAL wishes to appear at any anti-doping hearing before CAS it will pay its own costs of such appearance
- all costs of any investigation and hearing (including but not only CAS application costs and any legal costs associated with any investigation and/or hearing) undertaken by ASADA will be paid by ASADA
- SAL will immediately advise ASADA of any alleged anti-doping rule violation in Sports and will provide assistance to ASADA in any investigation that ASADA might reasonably request, and
- ASADA will, subject to the ASADA Act and privacy legislation, provide such reports to SAL on ASADA’s conduct of the above anti-doping functions as may be agreed between ASADA and TRA.
TRA will recognise and enforce any sanction determined by CAS in respect of an anti-doping rule violation in the sport of Sports and in any other sport.
TRA will use its best endeavours to ensure its Members, Athletes and Athlete Support Personnel are aware of this referral of the anti-doping functions to ASADA and assist and co-operate with ASADA in the conduct of the anti-doping functions. TRA otherwise recognises ASADA’s powers and functions under the ASADA Act.
TRA has amended its Anti-Doping Policy (Policy) to reflect the roles and responsibilities under the referral. The Policy adopts and reflects the World Anti-Doping Code (Code) which is annexed to and forms part of this Policy.
Where an Athlete or Athlete Support Personnel is bound by anti-doping program as well as this Policy, that Person shall be bound to, and have obligations in respect of, both policies.
WHAT IS TRA’S POSITION ON DOPING?
TRA condemns doping as fundamentally contrary to the spirit of sport. The purpose of this ADP is to protect Athletes’ fundamental right to participate in doping-free sport and to ensure harmonised, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping.
WHO DOES THIS ADP APPLY TO?
This ADP applies to Athletes and Athlete Support Personnel as defined under the Code. It also applies to Members, employees and contractors of TRA and any other Person who has agreed to be bound by it.
OBLIGATIONS
The persons identified in clause 3 are bound by this ADP as a condition of their membership, participation and/or involvement in TRANC. Athletes and/or Athlete Support Personnel must comply with this ADP and the anti-doping rules as prescribed in the NAD scheme under the ASADA Act. In particular:
Athletes must:
- know and comply with all anti-doping policies and rules applicable to them. These include, but may not be limited to this ADP and the NAD Scheme
- be aware of whether they are in ASADA’s Registered Testing Pools and comply with the requirements of any such membership
- read and understand the Prohibited List as it relates to them
- be available for Sample collection and provide accurate and up-to-date whereabouts information for this purpose when identified for inclusion in a Registered Testing Pool
- take full responsibility, in the context of anti-doping, for what they ingest, Use and Possess
- inform medical personnel of their obligations not to Use or Possess Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate anti-doping policies and rules applicable to them
- immediately refer information about possible anti-doping rule violations to ASADA
- assist, cooperate and liaise with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation
- act in a discreet and confidential manner in discharging their obligations under this ADP
- be available for Sample collection and provide accurate and up-to-date whereabouts information on a regular basis, even if not a regular Member of TRA, if required by the conditions of eligibility established by any applicable Anti-Doping Organisation
- attend anti-doping education as directed by TRA and/or as appropriate. Failure to attend an anti doping education session shall be no excuse for an alleged anti-doping rule violation, nor shall it mitigate culpability of the Athlete in determining sanction, and
- accept that ignorance of this ADP, the Code or the Prohibited List is not an excuse from an alleged anti-doping rule violation, and shall not mitigate culpability in sanction.
Athlete Support Personnel must:
- know and comply with all anti-doping policies and rules applicable to them or the Athletes whom they support. These include, but may not be limited to this ADP and the NAD Scheme
- support and assist Anti-Doping Organisations, including ASADA to conduct Doping Control
- use their influence on Athletes’ values and behaviour to foster anti-doping attitudes
- immediately refer information about possible anti-doping rule violations to ASADA
- assist, cooperate and liaise with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation, and
- act in a discreet and confidential manner in discharging their obligations under this ADP.
DEFINITION OF DOPING
Doping is defined as the occurrence of one or more of the anti-doping rule violations set out in Article 2 of the Code.
- The full text of the Code can be found at (www.wada-ama.org).
- International-Level Athletes or Athletes entering an International Event should seek guidance on the process for seeking a TUE from the WADA webiste or National level Athletes should seek guidance from the ASDMAC website.
- Unless provided otherwise by the rules of TRA or an agreement with ASDMAC does not have the authority under the Code to grant TUEs to International-Level Athletes or for International Events.
Proof of doping
Article 3 of the Code applies.
Anti-doping rule violations
Article 2 of the Code applies.
The prohibited list
This ADP incorporates the Prohibited List and otherwise applies Article 4 of the Code.
Therapeutic use
Athletes with a documented medical condition requiring the Use of a Prohibited Substance or a Prohibited Method must first obtain a Therapeutic Use Exemption (TUE) in accordance with the Code, the International Standard for TUEs and this ADP.2
Athletes who have been identified as included in NV’s Registered Testing Pool may only obtain TUEs in accordance with the rules of NV.3
Athletes who are not in NV’s Registered Testing Pool but are in ASADA’s Registered Testing Pool or Domestic Testing Pool with documented medical conditions requiring the Use of a Prohibited Substance or a Prohibited Method must request a TUE from ASDMAC.
Athletes who are not in NV’s or ASADA’s Registered Testing Pool, Domestic Testing Pool or have not otherwise been notified by ASADA, in accordance with the NAD Scheme, that they require TUEs prior to Use of a Prohibited Substance or a Prohibited Method, may submit applications to ASDMAC for approval of a TUE in accordance with the procedures of ASDMAC.
Athletes should submit applications for TUEs no less than 21 days before they require the approval (eg prior to a National Event), except for retroactive TUEs under clause 9.6.
An application for a TUE will not be considered for retroactive approval except in cases where:
- emergency treatment or treatment of an acute medical condition was necessary; or
- due to exceptional circumstances, there was insufficient time or opportunity for an Athlete to submit, or a TUE committee to consider, an application prior to Doping Control; or
- ASDMAC procedures, in accordance with the Code and the International Standard for TUEs, provide for retroactive approval.
An Athlete may not apply to more than one body for a TUE at the same time. Applications must be in accordance with the International Standard for TUEs and the procedures of NV or ASDMAC as appropriate.
The granting of a TUE by ASDMAC for an Athlete in ASADA’s Registered Testing Pool shall be promptly reported to WADA.
WADA, on its own initiative, may review at any time the granting of a TUE to any International Level Athlete in NV’s Registered Testing Pool or national-level Athlete who is included in ASADA’s Registered Testing Pool. Further, upon the request of any such Athlete who has been denied a TUE, WADA may review such denial. If WADA determines that such granting or denial of a TUE did not comply with the International Standard for TUEs, WADA may reverse the decision.
An Athlete who is denied a TUE by ASDMAC must seek review by WADA of the decision before any appeal may be commenced under Article 13.4 of the Code. If, contrary to the requirements of the Code, NV does not have a process in place where Athletes may request TUEs, an International-Level Athlete may request WADA to review the application as if it had been denied.
TESTING
All Athletes subject to Doping Control agree to submit to In-Competition Testing and Out-of-Competition Testing (at any time or place, with or without advance notice) by an Anti-Doping Organisation. ASADA may test any Athlete, any time, anywhere.
All Testing shall be conducted in conformity with the International Standard for Testing in force at the time of Testing.
Athletes must comply with their obligations under the ASADA Act (including but not only the NAD Scheme), the NV anti-doping program, this ADP and under the Code and any International Standards in respect to providing accurate whereabouts information to ASADA and/or NV. Whereabouts information may be released in accordance with the NAD Scheme.
Retirement and return to competition International-level Athletes
An Athlete who has been identified by NV for inclusion in its Registered Testing Pool shall be subject to NV’s retirement and return to Competition requirements, to the exclusion of clause 11.3.
Athletes wishing to retire should contact TRA to determine if they are in NV’s Registered Testing Pool and therefore are required to follow NV’s procedures. TRA shall immediately notify ASADA of the retirement or reinstatement of any Athlete in NV’s Registered Testing Pool and provide copies of the correspondence from NV confirming this retirement/reinstatement.
National-level Athletes
Athletes in ASADA’s Registered Testing Pool or Domestic Testing Pool shall be subject to the following requirements:
- An Athlete who wants to retire from Competition must do so by notifying ASADA by fully completing and forwarding to ASADA the ASADA Retirement Notification Form (retirement notification)4. Retirement notifications that are not fully completed will not be accepted and will be returned to the Athlete. An Athlete’s retirement date will be the date ASADA receives the fully completed retirement notification.
- Upon receipt of a notification under clause 11.3.3(a) ASADA will, as soon as reasonably practicable, provide the Athlete and TRA with written confirmation of the Athlete’s retirement.
- Retirement does not:
- excuse the Athlete from giving a Sample requested on or before their retirement date, or a Sample required as part of an investigation commenced prior to their retirement date
- excuse the Athlete from assisting, cooperating and liaising with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation
- prevent the analysis of a Sample given by the Athlete on or before their retirement date
- affect the results of Testing under clause (a) or (c) above
- exempt the Athlete from this ADP in relation to an anti-doping rule violation committed on or before their retirement date; or
- affect ASADA’s power to conduct results management (see clause 15).
- The ASADA RETIREMENT NOTIFICATION FORM is accessible on the internet through the website of the Australian Sports Anti-Doping Authority (www.asada.gov.au).
An Athlete who has retired in accordance with clause 11.3.3(a), and who wishes to return to Competition, can only do so by notifying ASADA by fully completing and forwarding, the ASADA Reinstatement Request Form (reinstatement request)5. Reinstatement requests that are not fully completed will not be accepted and will be returned to the Athlete. The Athlete’s reinstatement request date will be the date ASADA receives the fully completed reinstatement request. Reinstatement will be at the discretion of TRA in consultation with ASADA.
Upon receipt of notification under clause 11.4, ASADA will, as soon as reasonably practicable:
- provide the Athlete with written confirmation of the outcome of the Athlete’s reinstatement request, and
- if the reinstatement request is approved, provide TRA with written confirmation of the Athlete’s reinstatement.
If reinstatement is granted then this ADP will apply to the Athlete from the date of their reinstatement request. An Athlete who is reinstated under clause 11.4 may not compete in Competitions and Events conducted by or under the auspices of TRA or NV for a period of 6 months from the date of the reinstatement request.
An Athlete must be available for unannounced Out-of-Competition Testing in accordance with this ADP from the date of their reinstatement request. Being available for Out-of-Competition Testing means that an Athlete has provided current and accurate and up-to-date whereabouts information as required under the reinstatement request and clause 10.3 and has complied with any request by an Anti-Doping Organisation to provide a Sample.
A decision regarding reinstatement of an Athlete may be appealed to CAS by TRA, the Athlete or ASADA.
The ASADA REINSTATEMENT REQUEST FORM is accessible on the internet through the website of the Australian Sports Anti-Doping Authority (www.asada.gov.au).
New Members
Any new Member of TRA who is an Athlete subject to Doping Control in accordance with the NAD Scheme (including any Athlete in ASADA’s Registered Testing Pool) must also be available for unannounced Out-of-Competition Testing in accordance with this ADP for a period of 6 months from the date of their membership request prior to competing in national or international Competitions and Events.
Athletes who have been available for unannounced Out-of-Competition Testing in accordance with the anti-doping policy of any NSO (provided that such anti-doping policy complies with the Code) for a period of 6 months immediately prior to the date of their membership request (to become a Member of TRA) will be considered to have been available for Out-of-Competition Testing as required under clause 12.1.
Analysis of samples
Samples collected under this ADP must be analysed by WADA-accredited laboratories or as otherwise approved by WADA. Laboratories shall analyse Samples and report results in accordance with the relevant International Standards.
Investigations
ASADA may conduct an investigation to determine whether an anti-doping rule violation may have occurred under this ADP. ASADA will conduct investigations in accordance with the Code, the ASADA Act and the NAD Scheme as published from time to time. TRA may, with the prior agreement of ASADA, conduct its own investigation to determine whether an anti-doping rule violation may have occurred under this ADP, provided that TRA does so in coordination with any investigation being undertaken by ASADA.
All persons bound by this ADP and TRA must assist, co-operate and liaise with ASADA in relation to any investigation into an alleged anti-doping rule violation.
Results management
Results shall be managed in accordance with Article 7 of the Code, the ASADA Act and the NAD Scheme.
ASADA will conduct any follow up investigation in accordance with the Code, the ASADA Act and the NAD Scheme.
ASADA shall be responsible for notification of an alleged anti-doping rule violation and all matters incidental thereto in accordance with the ASADA Act and the NAD Scheme.
ASADA will issue an infraction notice. ASADA will advise TRA and any other relevant parties that ASADA is issuing an infraction notice prior to issuing the infraction notice.
The infraction notice shall:
- notify the Person of the anti-doping rule/s which appear/s to have been violated and the basis for the violation
- enclose a copy of this ADP and the Code or the web site addresses where these documents may be found
- state that ASADA will refer the matter to a hearing within 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act), unless the Person gives a written waiver under clause 15.7, and
- state that if the Person does not respond within 14 days (or other period in accordance with the Code, the NAD Scheme and the ASADA Act) a hearing can be held in absentia or sanction can be applied in accordance with clause 17.
Any relevant party will only disclose or use information about a Person who is alleged to have, or has committed an anti-doping rule violation as permitted under the ASADA Act and the NAD Scheme.
ASADA will refer the matter to hearing in accordance with clause 16. ASADA may decide not to refer the matter to hearing if the Person in writing:
- acknowledges they have admitted the anti-doping rule violation; and
- waives the right to a hearing in relation to:
- whether they have committed an anti-doping rule violation, and
- what sanction will apply.
If the Person does not respond within 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act) a hearing can be held in absentia or sanction can be applied in accordance with clause 17.
If an Athlete or other Person retires while a results management process is underway, ASADA retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun, so long as ASADA would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, ASADA will have jurisdiction to conduct results management.
TRA must, after consultation with ASADA, impose a Provisional Suspension on any Person whose A Sample is the subject of an Adverse Analytical Finding of a Prohibited Substance other than a Specified Substance.
TRA may, after consultation with ASADA, impose a Provisional Suspension on any Person whose A Sample is the subject of an Adverse Analytical Finding of a Specified Substance or who is issued with an infraction notice or who is subject to an investigation.
TRA may, after consultation with ASADA, impose the following Provisional Suspension. TRA may suspend:
- financial or other assistance to the Person
- the Person from Competition in Events and Competitions conducted by or under the auspices of TRA, and
- the Person’s licence or participation permit (if relevant).
TRA may, after consultation with ASADA, apply the Provisional Suspension:
- from the date of the infraction notice
- following the 14 day submission period, or
- as deemed appropriate by TRA or NV
- until the determination of the hearing or a determination by ASADA not to refer the matter to hearing.
If a Provisional Suspension is imposed, the hearing under clause 16 shall be advanced to a date that avoids substantial prejudice to the Athlete.
ASADA will convene any Provisional Hearing and will present the case at any Provisional Hearing unless otherwise agreed.
As a general rule, the Provisional Suspension of a Person will not be publicly disclosed. A Provisional Suspension may however be publicly disclosed so long as such disclosure will not be unfairly prejudicial to the interests of the Person. ASADA must be consulted prior to any such disclosure.
HEARING
Article 8 of the Code applies.
ASADA will wait 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act or a period less than 14 days as agreed between ASADA and the Person) after sending an Infraction Notice above and then will convene CAS to conduct the hearing. ASADA will prosecute the alleged anti-doping rule violation.
CAS will determine:
- if the Person has committed a violation of this ADP
- if so, what sanction will apply
- how long the sanction will apply, and
- any other issues properly brought before it for determination.
CAS will give to the Athlete, ASADA and TRA a written statement of:
- the findings of the hearing and brief reasons for the findings
- what sanction (if any) will apply
- for how long the sanction (if any) will apply, and
- any other issues determined by it.
Sanctions will be applied under clause 17.
ASADA will report the outcome of all anti-doping rule violations in accordance with the Code, the ASADA Act 2006 and the NAD Scheme.
Hearings under this Article shall be completed expeditiously as reasonably practicable.
Australian Sports Commission (ASC), TRA, NV and WADA and any other relevant body (for example, Australian Olympic Committee, Australian Paralympic Committee or Australian Commonwealth Games Association) shall have the right to attend hearings as an observer or affected party.
Decisions by CAS under this Article may be appealed as provided in clause 19.
Decisions by CAS under this Article shall not be subject to further administrative review at the national level except as required by applicable national law.
If, during a hearing, a party to the hearing process implicates a third party to an anti-doping rule violation, ASADA may use any information that arises as a result of the CAS process without having to first seek the permission of the parties. This clause expressly ousts Rule 43 of the CAS Code of Sports-related Arbitration.
SANCTIONS
Articles 9 and 10 of the Code apply.
CAS or another relevant body may require the Athlete or other Person to repay all funding and grants received by the Athlete from that body subsequent to the occurrence of the anti-doping rule violation. However, no financial sanction may be considered a basis for reducing the period of Ineligibility or other sanction which would otherwise be applicable under this ADP. Repayment of funding and grants may be made a condition of reinstatement.
CAS may also determine, in addition to applying the sanctions under the Code, that a Person who has committed an anti-doping rule violation, is required to go to counselling for a specified period.
Where CAS determines that an employee or contractor of TRA has committed an anti-doping rule violation, TRA will take disciplinary action against the employee or contractor.
Once the period of a Person’s Ineligibility has expired and the Person has fulfilled the conditions for reinstatement, then provided that the Person has paid all forfeiture penalties in full and has satisfied in full any award of costs made against the Person by CAS and any other requirements determined by CAS, the Person will become automatically re-eligible and no application for reinstatement will be necessary. If, however, further forfeited amounts become due after the Person’s period of Ineligibility has expired then any failure by the Person to pay all outstanding amounts on or before their respective due dates shall entitle TRA to deny the Person’s access to further Competitions and Events or any other TRA activity until the amounts due are paid in full unless otherwise agreed by both parties.
Consequences to teams
Article 11 of the Code applies.
Appeals
Decisions made under clause 16 of this Policy may be appealed to the CAS Appeals Division in accordance with this Policy, Article 13 of the Code and the CAS Code of Sports Related Arbitration. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorised in the NAD Scheme or clause 16.9 must be exhausted. The following persons shall have the right to appeal:
- the Athlete or other Person who is the subject of the decision being appealed
- the other party to the case in which the decision was rendered
- ASADA
- any other affected parties including TRA
- any other Anti-Doping Organisation under whose rules a sanction could have been imposed
- the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games, and
- WADA.
The outcome of all appeals must be reported to all parties, ASC, TRA, NV and WADA within 14 days of the conclusion of the appeal. ASADA may inform other Persons or organisations as it considers appropriate.
The time to file an appeal to CAS shall be within 21 days of the release of the written decision of the initial hearing.
Management of alleged anti-doping rule violations
In the case of a Person who has committed an anti-doping rule violation or has committed conduct which would have amounted to an anti-doping rule violation if the Person was bound by a Code compliant anti-doping policy and the Person has not been sanctioned by CAS or any other hearing body because the Person was not bound by a Code compliant anti-doping policy, TRA will:
- prevent that Person from competing in TRA Competitions, Events and activities if the Person is an Athlete
- prevent that Person (so far as reasonably possible) from having any involvement in TRA Competitions, Events and activities, and
- not employ, engage or register that Person unless and until that Person agrees to be retrospectively bound by this ADP from the occurrence of the anti-doping rule violation.
Confidentiality and reporting
The identity of any Athlete or other Person who is asserted to have committed an anti-doping rule violation may only be Publicly Disclosed by ASADA, or TRA after consultation with ASADA, in accordance with the Code, the ASADA Act, the NAD Scheme and the terms of the Confidentiality Undertaking signed between ASADA and TRA.
ASADA or TRA, or any official of either, will not publicly comment on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete, other Person or their representatives.
No later than 20 days after it has been determined in a hearing in accordance with clause 16 that an anti-doping rule violation has occurred and the time to appeal such decision has expired, or such hearing has been waived and the time to appeal the decision has expired, or the assertion of an anti-doping rule violation has not been challenged in a timely fashion, ASADA must Publicly Disclose at least: the disposition of the anti-doping matter including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved and the Consequences imposed. ASADA must also Publicly Disclose within 20 days appeal decisions concerning anti-doping rule violations. ASADA will also, within the time period for publication, send all hearing and appeal decisions to WADA. TRA may also elect to make a public statement in relation to the matter, following consultation with ASADA.
In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the decision may be Publicly Disclosed only with the consent of the Athlete or other Person who is the subject of the decision. ASADA will use reasonable efforts to obtain such consent, and if consent is obtained, will Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
Any decision of an Anti-Doping Organisation regarding a violation of this ADP shall be recognised by all Sporting Administration Bodies, which shall take all necessary action to render such results effective.
Subject to the right to appeal provided in clause 19, the Testing, TUE and hearing results or other final adjudications of any organisation recognised by ASADA or any Sporting Administration Body which are consistent with the Code and are within the organisation’s authority, shall be recognised and respected by TRA. TRA may recognise the same actions of other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code, the NAD Scheme and/or ASADA’s position.
Interpretation of the Code
22.1 Article 24 of the Code applies.
Miscellaneous
23.1 Statute of Limitations – Article 17 of the Code applies.
23.2 Doping Control for animals competing in Sport – Article 16 of the Code applies (if relevant).
23.3 Words not defined in this Policy have the meaning ascribed to them in the Code unless a contrary meaning appears from the context.
23.4 This Policy may be amended by TRA subject to prior consultation with ASADA and ongoing compliance with the Code and ASADA Act.
23.5 Where this Policy adopts and applies an article of the Code that article and the terms in it shall be considered and applied in the context of this Policy.
DEFINITIONS
ASADA means, where the context requires based on the functions, powers and responsibilities conferred under the ASADA Act:
- the CEO of ASADA appointed under the ASADA Act
- Australian Sports Anti-Doping Authority established under the ASADA Act, or
- The Anti Doping Rule Violation Panel (ADRVP) established under the ASADA Act.
ASADA Act means the Australian Sports Anti-Doping Authority Act 2006 as amended from time to time, and includes the ASADA Regulations and any statutory or subordinate legislative instrument that replaces or supersedes the Australian Sports Anti-Doping Authority Act 2006 and/or the ASADA Regulations from time to time.
ASADA Regulations means the Australian Sports Anti-Doping Authority Regulations 2006, as amended from time to time (and which includes, for the avoidance of doubt, the NAD Scheme promulgated by those regulations).
Athlete means:
- any Person who participates in sport at the international level (as defined by each International Federation), the national level (as defined by each National Anti-Doping Organisation, including but not limited to those Persons in its Registered Testing Pool), and any other competitor in sport who is otherwise subject to the jurisdiction of any Signatory or other sports organisation accepting the Code. All provisions of the Code, including, for example, Testing and TUEs, must be applied to international and national-level competitors. For the purposes of this Policy, ‘Athlete’ includes any participant in sporting activity who is a Member of TRA, or a Member organisation of TRA, and meets the definition of Athlete under the Code and/or the NAD Scheme as in force from time to time; and
any Person who:
- is registered with TRA or one of its Members, or
- participates, or has in the previous eight years participated, in any sporting activity conducted, authorised, recognised or controlled, either directly or indirectly, by TRA or a body affiliated with TRA, or
- has otherwise agreed to be bound by this Policy.
Code means the World Anti-Doping Code adopted by WADA on 17 November 2007 at Madrid; or if the Code has been amended, the Code as so amended.
International Federation (IF) means an international federation recognised by the International Olympic Committee or the General Assembly of International Sports Federations as the entity responsible for governing that sport internationally.
Member means a Person who, or a body which, is a member of TRA; a Person who, or a body which, is affiliated with TRA; or a Person who is a member of a body which is a member of or affiliated with TRA.
National Anti-Doping (NAD) Scheme means the NAD Scheme as defined under the ASADA Act 2006 as amended from time to time.
National Sporting Organisation (NSO) means a national or regional entity which is a Member of or is recognised by an IF as the entity governing that IF’s sport in that nation or region, or a body recognised by the Australian Sports Commission as an NSO, and includes an NSO for the disabled.
Prohibited List means the List identifying the Prohibited Substances and Prohibited Methods which is published and revised by WADA as described in Article 4.1 of the Code as updated from time to time.
Te Roopu Atawhai Inc. (TRA) means the entity which is a member of or is recognised by SAL as the entity representing Sports for Polynesians in Victoria.
Specified Substance has the meaning assigned to it in Article 4.2.2 of the Code.
Sporting Administration Body has the same meaning as in the ASADA Act 2006.[/togglebox][togglebox title=”Hot Weather Policy”]
INTRODUCTION
- It is inevitable that some games will be scheduled for play during extreme heat conditions. All officials, coaches, managers and umpires owe a duty of care to players and officials and should take all reasonable steps to minimise foreseeable risks which may result in injury or damage.
- High intensity exercise in a hot environment, with associated fluid loss and elevated body temperature, can lead to dehydration, heat exhaustion and heat stroke. Heat stroke is a potentially fatal condition and must be treated immediately by a medical professional.
- To assist organisations and individuals when considering their duty of care responsibilities, Sports Medicine Australia – Victoria(SMA V) has produced guidelines and a checklist for reference, which TRA has used to develop these guidelines.
- The guidelines are not binding. SMA V and TRA urge all parties to use common sense and to act responsibly when running an event.
- Cancellation of games may be appropriate even in circumstances falling outside these guidelines.
DEHYDRATION, HEAT EXHAUSTION, HEAT STROKE
Dehydration
- Fluid loss occurs during exercise, mainly due to perspiration and respiration. It makes an athlete more susceptible to fatigue and muscle cramps. Inadequate fluid replacement before, during and after exercise will lead to excessive dehydration and may lead to heat exhaustion and heat stroke.
Heat exhaustion
- Dehydration can lead to heat exhaustion, symptoms include:
- Fatigue, high heart rate, light-headedness, dizziness, headache, loss of endurance and skills, confusion and nausea
- Athletes will pass little urine, which will be highly concentrated
- Cramps may be associated with dehydration.
Heat stroke
- Severe dehydration may lead to heat stroke. Symptoms are similar to heat exhaustion with the addition of dry skin, confusion and collapse.
- An athlete may suffer from heat stroke even though they have not been identified as suffering from heat exhaustion. Heat exhaustion and heat stroke can still occur even in the presence of good hydration.
- Heat stroke is a potentially fatal condition and must be treated immediately by a medical professional.
RECOMMENDED PREVENTATIVE STRATEGIES
Hydration
- Drink at least 500mls (2-3 glasses) before an activity.
- Drink 200mls (1-2 glasses) every 15 minutes during activity, preferably water however diluted cordial or sports drinks may be appropriate.
- Drink at least 500mls after an activity.
Timing of games and training
- Where possible, avoid scheduling training and matches during the hottest part of the day (usually between 11am and 3pm, or noon and 4pm during daylight saving time).
- Early morning or night games minimise the likelihood of unacceptable playing conditions.
Player rest and rotation
- Consider using substitutions more often during play.
- Ensure all dugouts are equipped with shade and fluids for appropriate rest, recovery and hydration when a team is batting.
- Team managers and coaches should be especially vigilant and monitor players’ physical condition in extreme temperatures.
Clothing
- It is essential that everyone is made aware of the importance of:
- Wearing appropriate clothing during play
- Wearing hats or visors whilst on the field
- Appropriate application and re-application of SPF 30+ sunscreen
- The use of wet towels
- Sunglasses.
TO SUMMARISE
In extreme heat conditions:
- The welfare of players and umpires is paramount
- On days of extreme heat coaches, players, umpires and officials should be aware of the possible risks and carefully monitor all participants. If any show signs of heat distress, swift and appropriate action must be taken
- Be aware that junior players are more susceptible to heat injury, especially those doubling up in senior competitions on the same day as their junior games
- Ensure there are sufficient shaded areas at grounds for both players and spectators
- Ensure there are qualified first aiders at the ground
- Consider cancelling or postponing scheduled games.
Associations and clubs should reserve the right to cancel all play when extreme temperatures are forecast. Local rules should include a time for notifying participants of the cancellation of the day’s games.
Appendices
(Please be advised that we are still generating the necessary documentation for the APPENDIX SECTION)
APPENDIX 1
Internet Access Application Form
I have read, understand, and agree to abide by the policies set out in the “Te Roopu Atawhai Inc. Internet Policy”
Date :
Name :
Computer Username :
Function/Location :
Please state business justification for Internet access:
Approving Manager’ Name:
Commercial Manager Approval:
Download Policy and Procedures Manual
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Policy and Procedures Manual | 6.2 | [wpdm_file id=1] |