1. Purpose of the Code of Conduct
The Code of Conduct aims to ensure our core values, good reputation and positive behaviors and attitudes are maintained. It assists us in ensuring that every person involved in our sport is treated with respect and dignity, and is safe and protected from abuse. This policy also ensures that everyone involved in our sport is aware of his or her legal and ethical rights and responsibilities. As part of this commitment, the ACTEBA will take disciplinary action against any person or organization bound by this policy if they breach it.
2. Code of conduct
The ACTEBA requires every individual and organization bound by this policy to:
– Treat all persons with respect and courtesy and have proper regard for their dignity, rights and obligations;
– Comply with the ACTEBA’s constitution, rules and policies including this Code of Conduct;
– Operate within the rules and spirit of the sport;
– Comply with all relevant Australian laws (Federal and State), particularly anti-discrimination laws;
– Be responsible and accountable for their conduct.
3. Individual Responsibilities
Individuals bound by this policy are responsible for:
– Making themselves aware of the policy and complying with the standards of conduct outlined in this policy;
– Complying with all other requirements of this policy;
– Co-operating in providing a discrimination and harassment free sporting environment;
– Understanding the possible consequences of breaching this policy.
The ACTEBA aims to provide a sport environment where all those involved in its activities are treated with dignity and respect, and without harassment or discrimination.
The ACTEBA recognizes that all those involved in its activities cannot enjoy themselves, perform to their best, or be effective or fully productive if they
are being treated unfairly, discriminated against or harassed because of their sex, marital status, pregnancy, parental status, race, age, disability, homosexuality, sexuality, transgender, religion, political belief and/or industrial activity.
The ACTEBA prohibits all forms of harassment and discrimination not only because it is against the law, but because it is extremely distressing, offensive, humiliating and/or threatening and creates an uncomfortable and unpleasant environment.
Descriptions of some of the types of behavior which could be regarded as harassment or discrimination are provided in the Appendix. If any person feels they are being harassed or discriminated against by another person or organization bound by this policy, please refer to our complaints procedure outlined in our by-laws.
4. Complaints Procedures
The ACTEBA aims to provide an easy to use, confidential and trustworthy procedure for complaints based on the principles of natural justice. Any person may report a complaint (complainant) about a person/s or organization bound by this policy if they reasonably believe that a person/s or a sporting organization has breached this policy. A complaint should be reported to the Core Executive of the ACTEBA within 48 hours of the incident occurring.
All complaints will be dealt with promptly, seriously, sensitively and confidentially if requested. Complaints will be dealt with at the next Executive meeting or can be heard by the Core Executive alone, on request, if the matter is sensitive or embarrassing.
5. Vexatious Complaints & Victimizations
The ACTEBA aims to ensure our complaints procedure has integrity and is free of unfair repercussions or victimizations. If at any point in the complaint process the ACTEBA Core Executive considers that a complainant has knowingly made an untrue complaint or the complaint is vexatious or malicious, appropriate action may be taken, which may include disciplinary action against the complainant.
The ACTEBA will also take all necessary steps to make sure that people involved in a complaint are not victimized by anyone for coming forward with a complaint or for helping to sort it out. Disciplinary measures will be imposed on anyone who victimizes another person for making a complaint
6. Forms of Discipline
If an individual or organization to which this policy applies breaches this policy, one or more forms of discipline may be imposed. These may include making a verbal or written apology, being suspended or de-registered.
7. Drug Policy
As the ACTEBA is affiliated with the Australian Eight Ball Federation, we are also bound to have a no drugs in sport policy. Members
of the ACTEBA may be asked at any time to be drug tested.
Appendix
Abuse is a form of harassment and includes physical abuse, emotional abuse, sexual abuse, neglect, and abuse of power. Examples of abusive behavior include bullying, humiliation, verbal abuse and insults.
Discrimination means treating or proposing to treat a person less favorably than someone else in certain areas of public life on the basis of an attribute or personal characteristic they have. The relevant attributes or characteristics are:
– Age
– Disability
– Marital Status
– Parental/carer status
– Physical features
– Political belief/activity
– Pregnancy
– Race
– Religious belief/activity
– Sex or gender
– Sexual orientation
– Trade union membership/activity
– Transgender orientation.
Some States and Territories include additional characteristics. Requesting, assisting, instructing, inducing or encouraging another person to engage in discrimination may also be discriminatory conduct.
Harassment is any type of behavior that the other person does not want and does not return and that is offensive, abusive, belittling or threatening.
The behavior is unwelcome and of a type that a reasonable person would recognize as being unwelcome and likely to cause the recipient to feel offended, humiliated or intimidated.
Unlawful harassment includes the above but is either sexual or targets a person because of their race, sex, pregnancy, marital status, sexuality or other characteristic.
Whether or not the behavior is harassment is determined from the point of view of the person receiving the harassment. The basic rule is if someone else finds it harassing then it could be harassment. Harassment may be a single incident or repeated. It may be explicit or implicit, verbal or non-verbal.
Natural justice incorporates the following principles:
– a person who is the subject of a complaint must be fully informed of the allegations
against them
– a person who is the subject of a complaint must be given full opportunity to respond to the allegations and raise any maters in their own defense
– all parties need to be heard and all relevant submissions considered irrelevant matters should not be taken into account
– no person may judge their own case
– the decision maker/s must be unbiased, fair and just
– the penalties imposed must not outweigh the ‘crime’
Sexual harassment means unwanted, unwelcome or uninvited behavior of a sexual nature which makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include unwanted physical contact, verbal comments, jokes, propositions, display of pornographic or offensive material or other behavior that creates a sexually hostile environment.
Sexual harassment is not behavior based on mutual attraction, friendship and respect.
Victimizations means subjecting a person or threatening to subject a person to any detriment or unfair treatment because that person has or intends to pursue their rights to make a complaint under this Code of Conduct.