Member Protection Policy

Introduction

Binar is committed to providing a safe and secure environment for all its Members, Employees, Volunteers, Visitors and particularly to Children and Vulnerable People. Binar's Member Protection Policy aims to reduce the risk of abuse occurring, and to ensure that a caring and appropriate response is taken should abuse occur.

Scope

This Member Protection Policy applies to all service organisations or subsidiary bodies authorised by or under the control of Binar, all Employees, Members, Volunteers, Contractors and Visitors within Binar or engaged by Binar.

Authority

Binar is committed to implementing the Member Protection Policy and to training our Employees, Members, Contractors and Volunteers in its content and application.

Definitions

Abuse, can consist of one or more of but is not restricted to the following:
Elder Abuse, a single or repeated act, occurring in any relationship where there is an expectation of trust, which causes harm or distress to an older person.
Physical Abuse, any non-accidental physical injury resulting from practices such as: hitting, punching, kicking (marks from belt buckles, fingers), shaking, burning (irons, cigarettes), biting, pulling out hair, alcohol and/or other drug administration.
Sexual Abuse, any assault or abuse of a sexual nature, sexual molestation, indecent exposure, sexual harassment or intimidation.
Emotional Abuse, the chronic attitude or behaviour of one person which is directed at another person, or, the creation of an emotional environment which erodes a person’s self-esteem and social confidence over time. Behaviours may include: insulting, bullying, devaluing, ignoring, rejecting, corrupting, isolating, terrorising or other extreme acts in the aged or vulnerable person’s presence.
Financial Abuse may include:

  • Activities by an attorney in violation of their powers, duties and responsibilities under an Enduring Power of Attorney (EPA),

  • Misappropriation of money, valuables or assets,

  • Forging signatures on cheques,

  • Denial of access to personal assets,

  • Accessing a person’s funds electronically and/or

  • Forced or unauthorised changes to legal documents.

Financial abuse may also occur where a person takes advantage of an older person who has already lost (or is losing) capacity, by coercing or arranging for the older person to sign an EPA in circumstances where the older person is unable to understand the nature and effect of the document. This raises questions about the actions of witnesses to EPA’s.
Neglect, characterised by the failure to provide for basic needs. Any serious omission or commission which jeopardises or impairs a person’s health or development.
Child, any person under the age of 18.
Leader, any person (paid or unpaid) over the age of 18 who is responsible for the control and safety of members placed in their care whilst holding a formal position in a named Organisation. A leader could include but is not limited to:

  • Activity Coordinators,

  • Small group Leaders,

  • Music, drama or other Leaders,

  • Counsellors,

  • Youth Leaders,

  • Teachers,

  • Volunteers,

  • Club Leaders,

  • Sports Coaches and Organisers.

Member, any person, including children, who attends or participates in Binar activities, objectives or strategic plan.
Organisation, Binar Sports Inc. 
Volunteer, any unpaid person over the age of 16 who is invited to assist in the care of Aged and Vulnerable people.
Vulnerable Personal, any person who is or may be in need of community care services by reason of mental or other disability, age or illness.

Policy Review

This Member Protection Policy will be reviewed annually. Binar's governing body will inform all interested parties when the date of review will occur, and any changes recommended by the interested parties should be submitted in writing to the governing body for consideration one month before the review date. Any proposed changes will be submitted to the Annual General Meeting for approval before being implemented.

Obligations
Responsibility
The core expectations of any responsible Organisation require us to treat all people with fairness and dignity and to care for those who are less powerful and in need of nurture and protection.

 

Legal
All relevant organisations within Australia are bound by Federal and State legislation and principles established through common law. Binar is committed to adhering to all relevant legislation.

 

Ethical
Some actions may not be regarded as Abuse, but are unacceptable behaviour for Binar. These include:

  • Inappropriate conversation of a sexual nature.

  • Coarse language, especially that of a sexual nature.

  • Suggestive gestures or remarks.

  • Jokes of a sexual nature.

  • Inappropriate touching.

  • Inappropriate literature (e.g. PG, M, MA, R or X rated material  used with Elderly or Vulnerable Persons).

  • Recording or filming without prior consent.

  • Acts of violence committed by a Worker, Leader or Volunteer in the course of an activity.

Binar’s governing body will ensure that high standards of conduct are maintained at all times.

Each Member of Binar has the right:

  • To full and effective use of his or her personal, civil, legal and consumer rights;

  • To quality care which is appropriate to his or her needs;

  • To full information about his or her own state of health and about available treatments;

  • To be treated with dignity and respect and to receive services without exploitation, abuse or neglect;

  • To receive services without discrimination or victimization, and without being obliged to feel grateful to those providing his or her care and accommodation;

  • To personal privacy;

  • To be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect;

  • To continue his or her cultural religious practices and to retain the language of his or her choice, without discrimination;

  • To select and maintain social and personal relationships with any other person without fear, criticism or restriction;

  • To freedom of speech;

  • To maintain his or her personal independence, which includes a recognition of personal responsibility for his or her own actions and choices, even though some actions may involve an element of risk which the client has the right to accept, and that should then not be used to prevent or restrict those actions;

  • To maintain control over, and to continue making decisions about, the personal aspects of his or her daily life, financial affairs and possessions;

  • To be involved in the activities, associations and friendships of his or her choice;

  • To have access to information about his or her rights, care, accommodation and any other information which relates to him or her personally;

  • To complain and to take action to resolve disputes;

  • To have access to advocates and to other avenues of redress; and

  • To be free from reprisals, or a well-founded fear of reprisal, in any form for taking action to enforce his or her rights.

Selection & Screening

Employees, Agency Staff, Contractors & Volunteers Employees, Agency Staff, Contractors and Volunteers involved in activities or programs with children and/or vulnerable people must be carefully selected and screened. Prior to commencing employment or volunteer services, the following precautions will be taken:

  • All employees should, and/or volunteers must, be Members of Binar and have regularly attended Binar for at least 6 months.

  • All employees must complete an application form which requests details of relevant past experience, positions held, details of two referees and permission to contact them.

  • Both referees will be checked and spoken to, using an agreed set of questions which have been drafted by Binar. The questions will seek to establish the applicant’s suitability for the role or position and the conversation will be documented and retained on file.

  • All short-listed candidates must undertake a formal interview which includes an analysis of past experience working with children, the elderly or vulnerable people.

  • A Working With Children Check (WWCC) which complies with the legislative requirements of Western Australia will be requested and received prior to the Employee or Volunteer commencing their proposed role. The check must show that the individual is not precluded from working in childcare. A Police and/or Community Services check may also be requested.

 

Binar is required to maintain a register of WWCC and police clearances. 

Where the Organisation has identified that an applicant has previously committed a violent or sexually related offence, they cannot, under any circumstances, be considered for employment or engagement with Binar.
 

Training
All new Workers/Employees, including Agency Staff, Contractors and Volunteers will be issued with a copy of this policy and receive formal training in;

  • The content and application of the Organisation’s Member Protection Policy,

  • Reporting procedures and the associated legal requirements.

Refresher training courses based on current “best practice” and changes to legislation will be provided on an annual basis.

A Safe Environment
Incidents of Abuse are unlikely to take place in front of another person and the presence of a witness can assist in clarifying questionable allegations. For these reasons, working in pairs is the preferred method. Wherever possible, workers will not visit Children or Vulnerable Persons in their homes unless a friend or relative is present or another Worker accompanies them.
When transporting people under their care, Workers will take them directly to and from arranged venues and will not spontaneously detour or make additional arrangements.

 

All personal counselling is to be carried out within sight of another Worker. Workers will respect a Member’s feelings and privacy when engaging in physical contact of any kind. Adults and Children are expected to respect each other’s privacy during times that require undressing, dressing or changing clothes. Workers will set an example by protecting their own privacy in similar situations. No Worker will be alone in a room with a Child or a Vulnerable person while any/either is changing.


Initiations and secret ceremonies are prohibited.  All aspects of every program related to children and vulnerable people will be open to observation by family, friends or guardians.


Workers have the right to ask people who do not have a valid reason to be present at such activities to leave. Police may be contacted if such persons refuse to comply with any reasonable request to leave.
 

Disciplining Children
It is not the responsibility of Binar Sports or its Workers, Volunteers or Leaders to discipline a Child. If a Child does not abide by the rules set down by the Organisation, or becomes an obstruction to the care of other Children or Members, and may cause harm, the Child will be removed and referred back to their parent or guardian.


At no time will a Leader administer any form of physical, emotional, financial or mental discipline.

Reporting Procedures
Binar actively encourages the reporting of all abuse including Sexual Abuse. Binar is committed to building an environment where either a victim or employee/volunteer feels able to report such abuse.

 

Employees and/or volunteers must report reasonable suspicions of abuse to the senior management of Binar. Reasonable Suspicion means fair and practical reason to believe an incident involving abuse has occurred based on either verbal communication, hearsay, rumour or observation of behaviour.


An independent person will be appointed by Binar with the specific duty of dealing with any allegations of harm or abuse that may arise. The details of those reporting abuse will be kept private and confidential.

A documented reporting process with escalating procedures has been established by Binar for handling allegations of abuse. The escalating procedures will be as follows:

  • The automatic suspension from all work or other duties within Binar of any person while under investigation by Binar, or by the police, for committing abuse;

  • The automatic termination of their employment, or involvement with Binar if found guilty of committing abuse, either by internal investigation or by a court.

 

If there is reasonable suspicion that a Member has been or is suffering abuse, the Police and the Organisation’s Insurer will be contacted immediately. The Police will also be notified if a Member discloses an incident of Abuse that has occurred somewhere other than Binar's premises, (e.g. an outing).


If a disclosure of abuse is made, the person who receives the disclosure will maintain appropriate care to the one making the disclosure.
This will include:

  • Treating each allegation seriously and not attempting to deny the allegation or minimise its impact on the alleged victim.  The matter should not be swept under the carpet.

  • Not pushing the Member to disclose details of the alleged assault or attempting to investigate the allegation.

  • Assuring the Member that they are understood: that their disclosure is being taken seriously; that what has happened is not their fault, and that they are correct in disclosing the incident.

  • Reporting the abuse to the police and Binar's insurer.

  • Not making contact with the alleged perpetrator.  If the Worker or Volunteer is already providing counsel to the alleged perpetrator, it may be advisable for another person to assume this responsibility for the duration of any investigation.

  • If the alleged assault has taken place recently, clothing worn by the Member should be, if reasonably practical, retained and handed to the police for forensic examination.

  • Maintaining confidentiality.

 

Any disclosures by a Member, reports of suspected abuse and all details of the subsequent investigation will be documented promptly and the documents will be held in a secure location where a breach of privacy cannot occur.
 

Alcohol & Drugs
The consumption of alcohol or illegal drugs on Binar’s grounds or during an activity is not to be allowed or condoned by any Worker. Any Member found to be under the influence of alcohol or illegal drugs is to be counselled and family contacted.

Any Member required to take prescription medication administered by a Worker, Volunteer or Leader, will provide a letter from their physician to Binar.

 

Amendments to Policy 
This policy can be amended by the Board or its delegate at its discretion. 

Questions 
Please contact the CEO if you have any questions in relation to this policy. 

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