CHILD, YOUNG PERSON AND VULNERABLE ADULT PROTECTION POLICY

POLICY STATEMENT

Southland Triathlon and Multisport Club is fully committed to safeguarding the welfare of all children, young people and vulnerable adults in its care.  We recognise the responsibility to promote safe practice and to protect children, young people and vulnerable adults from harm, abuse and exploitation while participating in our activities.

Staff and volunteers will work together to respect the rights of children, young people and vulnerable adults.

For the purposes of this policy and associated procedures a child is recognised as someone under the age of 14 years.  A young person is someone of or over the age of 14 years but under 17 years.  A vulnerable adult is an adult who is unable, by reason of detention, age, sickness, mental impairment or any other cause, to withdraw himself or herself from the care of another person.

This policy is based on the following principles:

  • The welfare of children, young people and vulnerable adults is the primary concern.

  • All children, young people and vulnerable adults have the right to protection from all forms of harm and abuse.

  • The protection of children, young people and vulnerable adults is everyone’s responsibility.

  • Children, young people and vulnerable adults have the right to express views on all matters which affect them, should they wish to do so.

  • Our organisation will work in partnership together with children, young people and vulnerable adults, and parents/carers to promote their welfare, health and development.

POLICY OBJECTIVES

The aim of this policy is to promote good practice through:

  • Promoting the health and welfare of children, young people and vulnerable adults by providing opportunities for them to take part in club activities safely.

  • Respecting the rights of children, young people and vulnerable adults.

  • Promoting and implementing appropriate procedures to safeguard the well-being of children, young people and vulnerable adults and protect them from abuse.

  • Recruiting, training, supporting and supervising  staff, coaches, members and volunteers  to adopt best practice to safeguard and protect children, young people and vulnerable adults from abuse and to reduce risk to themselves.

  • Requiring staff, coaches, members and volunteers to adopt and abide by this Child, Young Person and Vulnerable Adult Protection Policy and these procedures.

  • Responding to all allegations of misconduct or abuse of children, young people and vulnerable adults in line with this policy and these procedures as well as implementing, where appropriate, the relevant disciplinary and appeals procedures.

  • Regularly monitoring and evaluating the implementation of this policy and these procedures.

PROCEDURES

  1. Screening

As part of our duty of care, we must ensure that suitable and appropriate employees, coaches and volunteers (including parents) are engaged to work with children, young people and vulnerable adults.  When recruiting people to engage with children, young people and vulnerable adults we will ensure that there is an appropriate recruitment process, depending on the role that may include:

  • a role description;

  • candidate specifications advertising the position;

  • an application process;

  • following up on referees;

  • interviewing (if necessary); and

  • screening (e.g. police vetting).

  1. Good Practice Protocols

These protocols provide guidance to those working with children, young people and vulnerable adults by outlining good practice and establishing boundaries in a range of situations.

  • Applying a child-centred approach where all children are treated equally and with dignity.

    • Activities should be appropriate for the age and development of the children in your care.

    • Ensuring feedback to children is about their performance and not of a personal nature.

    • Use positive and age-appropriate language when talking to children and in their presence.

  • Creating a safe and open working environment

    • Ensure that all physical contact with children is relevant and appropriate to the activity.

    • Seek permission to touch when doing the above.

    • Do not engage in any intimate, over-familiar or sexual relationships with people under the age of 18 years or vulnerable adults.

    • Ensure that any filming or photography of children is appropriate.  (Obtain consent from parent/caregiver at time of joining Club.)

    • Request parental consent before transporting young people in a vehicle. (Obtain consent from parent/caregiver at time of joining Club.)

    • Ensure you have parental consent to administer First Aid if required.  Obtain consent from parent/caregiver at time of joining Club.)

    • Do not offer alcohol to children under any circumstances.

    • Do not engage in communication on a one to one basis through social media or email other than relevant coach/trainee feedback or administration.

    • Do not allow parents, coaches, other children, or spectators to engage in any type of bullying behaviour (including cyber bullying).

    • Do not engage in any bullying activity.

  • Avoiding situations where you are alone with a child, young person or vulnerable adult.

    • Avoid private or unobserved situations, including being alone with a child in the changing rooms.

    • Avoid entering changing rooms.  If you must enter, knock and announce yourself and try to have at least one other adult with you.

    • Avoid driving a child unaccompanied.

    • Always obtain parent/caregiver consent to have children to your home.

    • Always have another adult present when staying overnight anywhere with children.

    • Do not share a room with a child, other than your own child.

  1. Codes of Behaviour

A code of behaviour sets out an organisation’s expectation of its employees, volunteers and supporters.  These codes can be developed to cover a variety of roles including coaches, competitors, officials, parents and supporters and administrators. They will also reinforce the good practice protocols.

Staff, coaches, volunteers are required to report any accident, incident of abuse, or cause for concern which arises in the course of their work with children.

Measures will be taken to ensure a child’s safety by minimising or eliminating factors that could lead to injury, including such things as bullying, all forms of abuse, extreme weather, and unsafe equipment and/or facilities.

Staff should not forward any personal details of the child or family to a third party, except when requested by the Police or social services.

If staff, coaches or volunteers feel that they may be at risk from becoming the subject of unwarranted allegations in connection with a child, they should alert the person in charge or management committee immediately.

Complaint and internal discipline procedures for breaches of the Code procedures will also be widely distributed and promoted.

  1. Dealing with allegations, responding to concerns

In accordance with members’ responsibility to  act  on  any  serious  concerns,  the following should be brought to the attention of the Management committee or person in charge of the event.

  • Any instance where this policy is breached or good practice guidelines are not followed.

  • Any disclosure by a child that abuse or harm is occurring.

  • Any suspicions or concerns about a child being subject to abuse.

Where concerns about poor practice are reported

Poor practice involves actions that are contrary to the good practice guidelines provided by our sport and increase the risk of harm to children.

  • Initial concerns should be discussed with the management committee or person in charge of the event.

  • The management committee or person in charge will consider the allegation and where there is legitimate concern provide a written notice to the individual(s) involved.

  • If the poor practice is continued or repeated following a written notice then disciplinary procedures will be enacted.  This may include expulsion from the Southland Triathlon and Multisport Club.

  • Consider actions across all circumstances, eg regular coaching and event situations, overnight stays.

Where abuse is suspected or reported

The welfare and interests of the child, young person or vulnerable adult are the first and paramount considerations.

  • Ensure the child is safe from immediate harm.

  • Consult immediately with Management committee or person in charge.

  • As soon as possible, record accurately and appropriately the information received.

  • Records should be factual (not opinion or hearsay) and concise and include:

  1. The nature of the allegation

  2. Who noticed/disclosed the abuse and their relationship to the child

  3. Details of any witnesses

  4. Signs and symptoms noted (including behavioural change)

  5. Any particular incidents with dates, times and places (if possible)

  6. Determination on nature of concern/complaint

  7. Any action taken

  • Consult with others as necessary – do not work alone.

  • Avoid questioning the child beyond what has already been disclosed.

  • Do not question or counsel the alleged offender.

  • Do not investigate/presume expertise unless very experienced and qualified to do so.

  • Notify Oranga Tamariki or the Police.

Policy Review

This Policy and these Procedures will be regularly reviewed:

  • In accordance with changes in legislation and guidance on the protection of children, young people and vulnerable adults or following any changes within Southland Triathlon and Multisport Club.

  • Following any issues or concerns raised about the protection of children, young people and vulnerable adults within Southland Triathlon and Multisport Club.

  • In all other circumstances, at least every twelve months.

Additional Guidance

Southland Triathlon and Multisport Club will:

  • Have access to a register of every child, young person and vulnerable adult member including a contact name and number accessible in case of emergencies.

  • Treat everybody with respect.

  • Set an example we would wish others to follow.

  • Where possible consider activities that involve more than one adult being present or within sight and hearing of others.

  • Be aware that on occasions our actions may be misinterpreted by others even if they were well intentioned.

  • Respect the right to personal privacy for children, young people and vulnerable adults.

  • Provide time and attention for children to talk to us.

  • Encourage children to respect and be courteous to others.

  • Intervene to stop any inappropriate verbal or physical behaviour.

  • Have a pre-arranged policy for the safe collection of children after Southland Triathlon and Multisport Club training events have finished.

  • Ensure that any suspicions or allegations of serious abuse are REFERRED not INVESTIGATED.

  • Only refer and seek support from other agencies for those identified under the Child, Young Person and Vulnerable Adult Protection Policy.

  • Complete Personal Profile and Vetting checklist (if applicable – see attached).

Approved President Date  

To be reviewed by (date)

Appendix 1: RELEVANT LEGISLATION

There are numerous pieces of legislation relating to the protection of children under 18 years and vulnerable adults that may impact on sport and recreation providers.

  • Health and Safety in Employment Act 1992

  • This Act deals with the health and safety obligations of an employer to its employees.  If a child is an employee of the sports Club, the general health and safety obligations of employers under the Act will apply.

  • There is also an obligation to ensure the safety of volunteers (some of whom may be children) while they undertake the work activity.

  • Employers will be held vicariously liable to a third party for acts of its employees.  For

example, if an employee coach breached a sports Club’s duty of care to a child member, the Club can be liable.

  • Privacy Act 1993

  • Sports Clubs gather certain personal information about  members.  The Privacy Act governs the collection and use of personal information where a person’s identity is apparent from the information.

    • Crimes Amendment Act – Protection of Children

  • The key purpose of this amendment to the Crimes Act 1961 is to ensure that children are adequately protected from assault, neglect and ill treatment.

  • The amendment places greater responsibility on adults (parent or persons in place of a parent) who have actual care or charge of a child to take reasonable steps to protect that child from injury.  While ‘a person in place of a parent’ is not defined in the Act, it appears possible that sports Club personnel could at times be considered to  be  ‘a  person  in  place  of  a parent’, eg when taking children away to an event or tournament.

  • The amendment also compels people who live with a child and those who are in frequent contact with children and know, or ought to know, that the child is at risk of death, grievous bodily harm or sexual assault to take reasonable steps to protect the child from that risk.

Other relevant legislation includes:

  • Income Tax Act 2007; Minimum Wage Act 1983;

  • Equal Pay Act 1972; Smoke Free Environments Act 1990;

  • Sale of Liquor Act 1989; Human Rights Act 1993;

  • New Zealand Bill of Rights Act 1990; and Care of Children Act 2004.

Appendix 2: PERSONAL PROFILE FORM

To be completed by all new volunteers/employees.

  1. Organisation’s Name: Southland Triathlon and Multisport Club

  2. Personal Details:

Title ___________  First Name __________________________

Surname ____________________________

Date of Birth ________________  Phone Number ________________________ 

Address __________________________________________________________

_________________________________________________________________

Occupation:   Currently Employed: YES/NO

  1. Declaration – I have read and understood the organisation’s Child, Young Person and Vulnerable Adult Protection Policy and agree to CONFIDENTIAL vetting procedures.  I agree to inform Southland Triathlon and Multisport Club of any change in circumstances.

  2. Referees – Please provide the names and addresses of TWO responsible persons for reference purposes.  Referees should not be related to you and, where possible, should have knowledge of your ability to conduct yourself appropriately in the proximity of children.  All references will be taken up.  You should secure prior agreement of referees before providing their names.

Referee 1

Name:  ___________________________________________________________

Address:  _________________________________________________________

_________________________________________________________________

Phone number:  ___________________________

Relationship to you:  __________________________________________________

Referee 2

Name:  ___________________________________________________________

Address:  _________________________________________________________

_________________________________________________________________

Phone number:  ___________________________

Relationship to you:  __________________________________________________

Appendix 3: VETTING CHECKLIST

  1. Organisation’s Name: Southland Triathlon and Multisport Club

  1. Name of Volunteer/Employee:  

This Checklist and a Child, Young Person and Vulnerable Adult Protection Profile Form must be completed for all new volunteers/employees in Southland Triathlon and Multisport Club who have substantial access to children.

  1. Have you explained the need for vetting to the potential volunteer/employee? YES / NO

  2. Have you given the volunteer/employee an opportunity to read your Child, Young Person and Vulnerable Adult Protection Policy and discussed any issues arising out of this with him/her? YES / NO

  3. Have you set up a personal file for the potential volunteer/employee? YES / NO

  4. Has the volunteer/employee completed a Child, Young Person and Vulnerable Adult Protection Personal Profile Form? YES / NO

  5. Have you carried out appropriate vetting? YES / NO

  6. Were the results satisfactory? YES / NO

  7. Have you taken up two written references? YES / NO (Please attach the references to this checklist).

  8. Have you followed up these references with either a telephone call or conversation? YES / NO 

You must be able to answer YES to questions 1-8 above before you sign this form.

  • Signed:

  • Dated:

  • Name (in block capitals):

  • Position held in Southland Triathlon and Multisport Club: