Legislative requirements
Member protection legislation
Member protection policy
Play by the RulesPrivacy Act legislation
Liquor licensing legislation
Member protection legislation
Member protection legislation extends to include relevant Federal, State and Territory legislation in relation to harassment, discrimination and child protection legislation.
Sporting organisations have legal obligations in relation to harassment, discrimination and child protection. They also have moral obligations in relation to establishing standards of appropriate behaviour and in providing safe, respectful and appropriate sporting environments. Increasingly, insurance companies are also requiring comprehensive risk management plans that include policies and procedures for addressing harassment, discrimination and child protection.
The issue of safe, respectful sporting environments is so important that the Australian Sports Commission (ASC) introduced a mandatory requirement for funding to address these issues. The funding criterion requires national sporting organisations to develop and implement policies and procedures to promote positive and respectful behaviours and to meet obligations relating to harassment, discrimination and child protection.
Member protection policy
The ARU’s Member Protection Policy reiterates Australian Rugby’s commitment to ensuring that every person involved in rugby is treated with respect and dignity, and is safe and protected from harassment, discrimination, bullying, abuse and other unfair or inappropriate conduct.
The Member Protection Policy is comprised of four sections:
- Policy statements regarding child protection, anti-discrimination and harassment, pregnancy and gender identity;
- Child Protection Requirements including a summary of relevant state legislation and recommended screening process for those states and territories that do not have specific child protection legislation;
- Procedures including step-by-step guide to all dispute resolution procedures: complaints procedure, mediation procedure, child abuse investigation procedure, conduct committee and appeals procedure, and summary of disciplinary measures; and
- Reporting documents and forms.
Everyone involved in Rugby should familiarise themselves with the Member Protection Policy and the standards of behaviour expected of all participants.
This summary is not intended as a substitute for reading the policy.
The ARU Member Protection Policy is available at www.rugby.com.au/policies.
Play by the Rules
The Play by the Rules website provides information and online learning about how to prevent and deal with member protection, discrimination, harassment and child abuse for the sport and recreation industry.
Play by the Rules is a partnership between the Australian Sports Commission and all State/Territory sport and recreation and anti-discrimination agencies.
Click here to visit Play by the Rules.
Privacy Act legislation
The Privacy Act 1988 (Cth) protects the handling of personal information. Clubs covered by the Act will have to comply either with the National Privacy Principles (NPPs) or a privacy code approved by the Privacy Commissioner. In considering a privacy code proposed by a Club or industry, the Privacy Commissioner will want to see at least the equivalents of the NPP's included.
In brief, the NPPs require Club's to:
- Take reasonable steps to make individuals aware that it is collecting personal information about them, what the information will be used for and to whom it may be disclosed
- Keep personal information secure, accurate, complete and up-to-date
- Provide individuals with access to their information on request, and to correct that information if it is inaccurate, incomplete or out-of-date
- Allow individuals to remain anonymous where lawful and practicable to do so
- Not transfer personal information overseas unless certain requirements are met
The principles established by the Privacy Act provide a useful guide as to how your members information can be protected. Clubs may wish to review their current practices for collecting, storing, using and disclosing personal information about their members in light of the Privacy Act.
Does the Privacy Act apply to my Club?
The Privacy Act applies to:
- All private sector sporting Club's with an annual turnover of more than $3 million and
- Some sporting Club's with a turnover of less than $3 million; if you are:
- A related body corporate of a larger Club
- A dealer in personal information
Many sporting Club's will not come within any of these categories, but you should check to see whether your Club does.
Dealers in personal information
For the purposes of the Privacy Act, your Club may be a "dealer in personal information" if you:
- Disclose personal information to anyone else for a benefit, service or advantage
- Provide a benefit, service or advantage to collect personal information from anyone else
For example, providing personal information about your members to parties' not expressly stated when collecting this information (ie: direct marketer, sponsor etc) could make you a dealer in personal information.
However, you will not be a dealer in personal information if you provide that information:
- With the consent of the persons whose information is being provided (e.g. your members)
- As authorised by particular legislation
What should I do if the Privacy Act applies to my Club?
Clubs covered by the Act will have to comply with the National Privacy Principles (NPP's) and provide a privacy policy complying with these principles.
Click here for more information on Privacy, National Privacy Principles and developing your own Privacy Policy.
Personal information collected by the ARU
The ARU respects the privacy of the individuals on whom the ARU collects, users and discloses personal information. The ARU uses the information it collects to administer the game of Rugby Union in Australia, to provide rugby activities and rugby-related services, to register, select and insure participants, and to asses the level of interest in the sport.
Click here for full details of the ARU Privacy Policy.
Liquor licensing legislation
A liquor license is required at any event where alcohol is to be sold. This includes events where alcohol is included in the ticket price or, for example, where a donation is required for entry to the venue or to obtain alcohol.
Non-profit organisations are able to apply to the Licensing Court for one of two types of function licenses - a permanent function license or an occasional license.
An occasional license permits the sale of liquor at a function at which it is proposed that liquor be sold or supplied to those present. This type of license is for people who do not have any other license under the Act. A "function" means a gathering, occasion or event, including a sporting contest, show, exhibition, trade or other fair or reception.
Alcohol can also be sold or supplied at functions and events through the use of an existing caterer's or hotelier's license, or through the use of a permanent liquor license that already exists at the venue where the event will be held.
How do I apply for a liquor license?
Liquor licensing legislation is not identical in each State/Territory. Clubs should refer to the relevant legislation in the State/Territory in which they require the liquor license.
Click here for more information on liquor licensing guidelines in your State/Territory.
Acknowledgements
Reproduced with permission from the Australian Sports Commission.
