Orange Hockey Inc Member Protection Policy · Orange Hockey Member Protection Policy – Version...

Orange Hockey Member Protection Policy – Version 1.4 - June 2014 1

Orange Hockey Inc

Member Protection Policy


CONTENTS PAGE

1 Introduction 3

2 Purpose of Our Policy 3

3 Who Our Policy Applies To 3

4 Extent of Our Policy 3

5 What is a Breach of this Policy 3

6 Association Responsibilities 4

7 Individual Responsibilities 4

8 Complaints and complaints handling 4

9 Improper complaints and Victimisation 4

10 Tribunals Process and OHI Tribunal Policy 4

11 Appeals Process 5

12 Judiciary Process and the OHI Judiciary Policy 5

Attachment 1: Hockey NSW and Hockey Australia Member Protection Policy 6

Attachment 2: Codes of Behaviour 7

Coaches/Managers/Team Officials Code of Behaviour 8

Official Code of Behaviour 9

Player/Athlete Code of Behaviour 10

Administrator Code of Behaviour 11

Board/Committee Member Code of Behaviour 12

Parent/Guardian Code of Behaviour 13

Spectator Code of Behaviour 14

Attachment 3: Child Protection 15

Attachment 4: Complaints Procedures 16

Attachment 5: OHI Tribunal Policy and Procedures 18

Attachment 6: OHI Appeal Policy and Procedures 20

Attachment 7: OHI Judiciary Policy and Procedures 21

Policy Adoption and Review Record 24


ORANGE HOCKEY INCORPORATED MEMBER PROTECTION POLICY

1. INTRODUCTION

1.1. Orange Hockey Inc is committed to the health, safety and general wellbeing of all its members and

participants. The organization is dedicated to providing a safe and prosperous environment for

members and providers participating in all hockey activities.

1.2. OHI embraces the values of Respect, Integrity, Teamwork and Community, and works towards

encouraging all members and participants to demonstrate these values in all their involvements in

hockey.

1.3. Orange Hockey Inc’s Member Protection Policy (MPP) is based on the premise that any element

relating to this policy is covered by the umbrella policy which is the HNSW Member Protection Policy

and the Hockey Australia Member Protection Policy. This will allow for the policy to remain fully up to

date, without the need for specialist review, as this will occur at state and national level on a regular

basis. In any instance where an issue is not covered by our policy reference will be made to HNSW

MPP (Refer attachment 1) and/or Hockey Australia MPP (Refer attachment 1).

2. PURPOSE OF OUR POLICY

2.1. The main objective of our Member Protection Policy is to assist members to understand what is

considered responsible behaviour, and to facilitate the making of informed decisions by participants

in this association. It outlines our commitment to a person’s right to be treated with respect and

dignity, and to be safe and protected from abuse. Our policy informs everyone involved in our club of

his or her legal and ethical rights and responsibilities and the standards of behaviour that are

required. It also covers the care and protection of children participating in our club’s activities.

3. WHO OUR POLICY APPLIES TO

3.1. Our policy applies to everyone involved in the association including committee members, life

members, administrators, coaches, officials (umpires/referees/judges), players, parents, spectators

and visitors.

4. EXTENT OF OUR POLICY

4.1. Our policy covers unfair decisions (e.g. team selection) and actions, breaches of our code of

behaviour and any behaviour that occurs at practice, in the club rooms, at social events organised

or sanctioned by the association (or our sport), and on away and overnight trips. It also covers

private behaviour where that behaviour brings our association or sport into disrepute or there is

suspicion of harm towards a child or young person.

5. WHAT IS A BREACH OF THIS POLICY?

5.1. It is a breach of this policy for any person or organisation to which this policy applies, to do anything

contrary to this policy, including but not limited to:

5.1.1. Breach of the codes of conduct (Refer attachment 2);

5.1.2. Demonstration of any behaviour that is considered disrespectful, demeaning or that denigrates

any person associated with OHI or hockey in general, irrespective of the ‘mode’ of this

demonstration including but not limited to - verbal comments, body language or physical

action, or via any form of electronic communication or social media;

5.1.3. Bringing the sport and/or OHI into disrepute, or acting in a manner likely to bring the sport into

disrepute;

5.1.4. Failing to follow OHI policies (including this policy) and procedures for the protection, safety

and welfare of children; (Refer attachment 3)

5.1.5. Discriminating against, harassing or bullying (including cyber bullying) any person;

5.1.6. Victimising another person for reporting a complaint;

5.1.7. Engaging in a sexually inappropriate relationship with a person that they supervise, or have

influence, authority or power over;

5.1.8. Verbally or physically assaulting another person, intimidating another person or creating a

hostile environment within the sport;

5.1.9. Disclosing to any unauthorised person or organisation any OHI information that is of a private,

confidential or privileged nature;

5.1.10. Making a complaint they knew to be untrue, vexatious, malicious or improper;

5.1.11. Failing to comply with a penalty imposed after a finding that the individual or organisation

has breached this policy; or

5.1.12. Failing to comply with a direction given to the individual or organisation during any

disciplinary process being undertaken that has been undertaken on behalf of the organisation.


6. ASSOCIATION RESPONSIBILITIES

6.1. We will

6.1.1. implement and comply with our policy,

6.1.2. promote our policy to everyone involved in our association,

6.1.3. promote and model appropriate standards of behaviour at all times,

6.1.4. respond to breaches or complaints made under our policy promptly, fairly, and confidentially,

6.1.5. review this policy every 12-18 months, and

6.1.6. seek advice from and refer serious issues to Hockey NSW and/or Hockey Australia. Serious

issues include unlawful behaviour that involves or could lead to significant harm and includes

criminal behaviour (e.g. physical assault, sexual assault, child abuse) and any other issues that

our state or national body request to be referred to them or to the appropriate authority.

7. INDIVIDUAL RESPONSIBILITIES

7.1. Everyone associated with our association must

7.1.1. comply with the standards of behaviour outlined in our policy’

7.1.2. treat others with respect,

7.1.3. always place the safety and welfare of children above other considerations,

7.1.4. be responsible and accountable for their behaviour,

7.1.5. follow the guidelines outlined in this policy if they wish to make a complaint or report a concern

about possible child abuse, discrimination, harassment or other inappropriate behaviour.

8. COMPLAINTS AND COMPLAINTS HANDLING

8.1. OHI aims to provide a simple procedure for handling complaints as outlined in attachment 4.

8.2. A complaint may be dealt with formally or informally. The complainant (the person making the

complaint) usually decides this, unless the MPIO or OHI executive (or such body authorised to act on

their behalf) believes that the matter falls outside this ‘policy’ and would be better off dealt with

another way and/or the law requires the complaint/allegation to be reported to an appropriate

authority.

8.3. Individuals or organisations may also pursue their complaint externally under anti-discrimination,

child protection, criminal or other relevant legislation.

8.4. OHI takes all complaints about on and off-field behaviour seriously. OHI will handle complaints

based on the principles of procedural fairness (natural justice), that is

8.4.1. all complaints will be taken seriously,

8.4.2. both the person making the complaint (complainant) and the person the complaint is against

(respondent) will be given full details of what is being said against them and have the

opportunity to respond (give their side of the story),

8.4.3. irrelevant matters will not be taken into account,

8.4.4. decisions will be unbiased and fair, and

8.4.5. any penalties imposed will be fair and reasonable.

8.5. More serious complaints may be escalated to our state or national body.

8.6. If the complaint relates to suspected child abuse, sexual assault or other criminal activity, then the

Association will need to report the behaviour to the police and/or relevant government authority.

8.7. Our complaint procedures are outlined in attachment 4

9. IMPROPER COMPLAINTS AND VICTIMISATION

9.1. OHI aims for our complaints procedure to have integrity and be free of unfair repercussions or

victimisation against the person making the complaint. If at any point in the complaints process the

MPIO or some other appropriate official considers that a complainant has knowingly made an

untrue complaint, or that the complaint is malicious or intended to cause distress to the person

complained of, the matter may be referred to a Tribunal Hearing for appropriate action which may

include disciplinary action against the complainant.

9.2. OHI will take all necessary steps to make sure that people involved in a complaint are not

vicitimised. Disciplinary measure can be imposed on anyone who harasses or victimises another

person for making a complaint.

10. TRIBUNALS PROCESS AND OHI TRIBUNAL POLICY (ATTACHMENT 5)

10.1. A Tribunal Hearing represents a formal process for dealing with a breach of the OHI member

protection policy - especially if the behaviour is deemed ‘unacceptable’. The Tribunal Hearing will be

convened and involve a group of people who

10.1.1. have appropriate or relevant level of expertise in Member Protection,

10.1.2. have no conflict of interest re the matter being heard,

10.1.3. include representatives who have undertaken Member Protection training,

10.1.4. where ever possible include members from sub committees.


11. APPEALS PROCESS AND POLICY

11.1. A respondent may lodge an appeal in respect of a decision handed down at a OHI Tribunal Hearing.

The Appeal Tribunal may be convened at a higher level than that of the OHI Tribunal Hearing. For

example a club Tribunal decision may be appealed to an OHI Appeal Tribunal, and an OHI Tribunal

hearing decision may be appealed to Hockey NSW Appeal Tribunal.

11.2. The appeals process is outlined in attachment 6.

12. JUDICIARY PROCESS AND OHI JUDICIARY POLICY (ATTACHMENT 7)

12.1. This process is commenced on recommendation of

12.1.1. Orange Hockey Inc, or

12.1.2. Any of the OHI subcommittees that manage or host competitions (Women, Men, Juniors,

Indoor, Twilight or Premier League).

12.2. The processes outlined in the OHI Judiciary Policy relates specifically to on-field misdemeanours, or

misdemeanours that have progressed beyond the confines of a ‘game’ – for example continued

after a game, and are directly related to the game.

12.3. Please note that in the instance that misdemeanours are both a breach of the OHI Member

Protection Policy and invokes the OHI Judiciary Policy, OHI will retain the right to host both a Tribunal

Hearing and a Judiciary Hearing simultaneously.

12.4. The OHI Judiciary Policy recommended penalties should also be reviewed against policy and

penalties as recommended by HNSW/Hockey Australia to ensure they reflect current practise.

Please note that in all instances the “links” that are embedded in this document were correct at the time of

the adoption of this policy. In the case where a link has subsequently changed we ask that you notify Orange

Hockey Inc, and this will be updated as soon as is practicable.


ATTACHMENT 1: HNSW MEMBER PROTECTION POLICY AND HOCKEY AUSTRALIA MEMBER PROTECTION

POLICY

The Hockey NSW Member Protection Policy can be found on the Hockey NSW website via the following

selections

Home page - About Us - Resources - Member Protection; or via the following link

http://hockeynsw.com.au/About-Us/Resources/Member-Protection

The Hockey Australia Member Protection Policy can be found on the Hockey Australia website via the

following selections:

Home page - Participate - Club Resources - resources and policies; or via the following link

http://www.hockey.org.au/Portals/2/Game%20Development/2012%20Hockey%20Australia%20Member%2

0Protection%20Policy.pdf

http://hockeynsw.com.au/About-Us/Resources/Member-Protection

http://www.hockey.org.au/Portals/2/Game%20Development/2012%20Hockey%20Australia%20Member%20Protection%20Policy.pdf

http://www.hockey.org.au/Portals/2/Game%20Development/2012%20Hockey%20Australia%20Member%20Protection%20Policy.pdf


ATTACHMENT 2: CODES OF BEHAVIOUR

Please note - the Codes of Behaviour have been included here for convenience, and in all instances the

most up to date version should be sourced directly from the Hockey Australia website, where these are

updated as part of the Hockey Australia Member Protection Policy

Attachment 2A: Coaches/Managers/Team Officials Code of Behaviour

Attachment 2B: Officials Code of Behaviour

Attachment 2C: Player/Athlete Code of Behaviour

Attachment 2D: Administrator Code of Behaviour

Attachment 2E: Board Member Code of Behaviour

Attachment 2F: Parent/Guardian Code of Behaviour

Attachment 2G: Spectator Code of Behaviour

Abbreviations used -

Hockey Australia (HA), State Association (SA), Affiliated Association (AA) and/or

Affiliated Club (AC);


ATTACHMENT 2A: COACHES/ MANAGERS/ TEAM OFFICIALS CODE OF BEHAVIOUR

As a coach, manager or team official selected to represent HA, SA, AA or AC in an event that is conducted or

sanctioned by HA, SA, AA or AC, you must meet the following requirements with regard to your conduct.

1. Treat all players with respect at all times.

2. Behave in a sportsmanlike manner at all times to other coaches, officials, players and spectators.

3. Place the safety and welfare of the players above all else.

4. Avoid situations that may lead to a conflict of interest.

5. Be courteous, respectful and open to discussion and interaction.

6. Make no detrimental statements in public in respect of the performance of any match officials or

umpires.

7. Promote a climate of mutual support amongst the players. Encourage players to respect one another

and their worth within the team.

8. Encourage and facilitate players’ independence and responsibility for their own behaviour,

performance, decisions and actions.

9. Determine, in consultation with the player, what information is confidential and respect that

confidentiality.

10. Avoid situations with your players that could be construed as compromising.

11. Adhere to the Anti-Doping Policy advocated by HA.

12. Provide a safe environment for training and competition.

13. Recognise individual differences in players and cater to these as best you can.

14. Make a commitment to providing a quality service to your players. Provide a training program which

is planned and sequential. Maintain or improve your current NCAS accreditation, seek continual

improvement through performance appraisal and ongoing coach education and be open to other

people’s opinions.

15. Refrain from using obscene, offensive or insulting language and/or making obscene gestures which

may insult players, officials or spectators

16. Respect the rights, dignity and worth of every person regardless of their gender, ability, cultural

background or religion.

17. The Tournament Director and/ or Event Coordinator are responsible for ensuring that the Code of

Conduct is met at all times.


ATTACHMENT 2B: OFFICIAL CODE OF BEHAVIOUR

As an Official of HA, SA, AA or AC you are required to comply with this policy. You must meet the following

requirements in regard to your conduct during any activity held or sanctioned by HA, a member association or

an affiliated club and in your role as an Official held HA, SA, AA or AC:

1. Treat all players with respect at all times.

2. Accept responsibility for all actions taken. Exercise reasonable care to prevent injury by ensuring

players play within the rules.

3. Be impartial and maintain integrity in your relationship with other officials, players and coaches.

4. Avoid situations that may lead to a conflict of interest.

5. Not be in a position of individual and unsupervised contact with players under 18 years of age.

6. Be courteous, respectful and open to discussion and interaction.

7. Be a positive role model in behaviour and personal appearance by maintaining the highest standards

of personal conduct and projecting a favourable image of hockey and officiating at all times.

8. Refrain from any personal abuse towards players.

9. Show concern and caution towards ill and injured athletes. Enforce the blood rule and apply

procedures regarding ill or injured players according to the rules.

10. Abstain from the use of tobacco and the consumption of alcoholic beverages when officiating or

whilst in uniform.


12. Make no public comments or media announcements without prior approval from your Tournament

Director or Umpire’s Manager.

13. Umpires – Wear only the official uniform supplied by HA when umpiring at the tournament.

14. Maintain the fitness level deemed acceptable when your appointment to the tournament was made.

15. Abide by all relevant policies documented by HA in relation to your appointment at a HA sanctioned

event.




ATTACHMENT 2C: PLAYER/ATHLETE CODE OF BEHAVIOUR

As a player of HA, SA, AA or AC you required to comply with this policy. You must meet the following

requirements in regard to your conduct and in any role you hold within HA, SA, AA or AC.

1. Behave in a sporting manner at all times to all players, officials and spectators.

2. Don’t make detrimental statements in respect of the performance of any match officials or umpires.

3. Play by the rules at all times and ensure that the game of hockey is not brought into disrepute by

your actions.

4. Do not engage in inappropriate and/or physical contact with players or officials during the course of

play.

5. Accept responsibility for all actions taken. Exercise reasonable care to prevent injury by ensuring that

you play within the rules. Reasonable care consists of showing due diligence in abiding by the rules

and adhering to the officials decisions.


7. Do not bet on the outcome or on any other aspect of a hockey match or competition.

8. Do not try to achieve a contrived outcome to a match or competition, or otherwise improperly

influence the outcome or any other aspect of a match or a competition.

9. Do not show unnecessary obvious dissension, displeasure or disapproval (by action or verbal abuse)

towards an umpire or match official as a consequence of his or her decision or generally.

10. Abstain from the use of tobacco and the consumption of alcoholic beverages while in the

playing/representative uniform.

11. Adhere to HA racial and sexual vilification policy.



13. Don’t do anything which adversely affects or reflects on or discredits the game of hockey, HA, any SA,

or any squad, team, competition, tournament, sponsor, official supplier or licensee, including, but not

limited to, any illegal act or any act of dishonesty or fraud.

14. Refrain from using obscene, offensive or insulting language and/or making obscene gestures which

may insult other players, officials or spectators.

15. The Tournament Director and/or Event Coordinator are responsible for ensuring that the Code of

Conduct is met at all times.


ATTACHMENT 2D: ADMINISTRATOR CODE OF BEHAVIOUR

As an administrator of HA, SA, AA or AC you required to comply with this policy. You must

meet the following requirements in regard to your conduct and in any role you hold within HA,

SA, AA or AC.

1. Involve young people in planning, leadership, evaluation and decision making related to the activity.

2. Give all people equal opportunities to participate.

3. Create pathways for young people to participate in sport not just as a player but as a coach, referee,

administrator etc

4. Ensure that rules, equipment, length of games and training schedules are modified to suit the age,

ability and maturity level of young players.

5. Provide quality supervision and instruction for junior players

6. Remember that young people participate for their enjoyment and benefit. Do not over emphasise

awards.

7. Help coaches and officials highlight appropriate behaviour and skill development, and help improve

the standards of coaching and officiating.

8. Ensure that everyone involved in junior sport emphasises fair play, and not winning at all costs.

9. Give a code of behaviour sheet to spectators, officials, parents, coaches, players and the media, and

encourage them to follow it.

10. Remember, you set an example. Your behaviour and comments should be positive and supportive.

11. Support implementation of the Junior Hockey Policy.

12. Make it clear that abusing young people in any way is unacceptable and will result in disciplinary

action.




ATTACHMENT 2E: BOARD/COMMITTEE MEMBER CODE OF BEHAVIOUR

As a board member of HA, an SA,, an AA or an AC you are required to comply with this policy, you must meet

the following requirements in regard to your conduct during any activity held or sanctioned by HA, SA, AA or

AC and in any role you hold within HA, SA, AA or AC:

1. Respect the rights, dignity and worth of others.

2. Be fair, considerate and honest in all dealing.

3. Be professional in, and accept responsibility for, your actions.

4. Make a commitment to providing quality service.

5. Be aware of, and maintain an uncompromising adhesion to, HA’s standards, rules, regulations and

policies.

6. Operate within the rules of the sport including national and international guidelines which govern HA,

SA, AA or AC.

7. Do not use your involvement with HA, a member association or an affiliated club to promote your

own beliefs, behaviours or practices where these are inconsistent with those of HA, SA, AA or AC.

8. Demonstrate a high degree of individual responsibility especially when dealing with persons under

18 years of age, as your words and actions are an example.

9. Avoid unaccompanied and unobserved activities with persons under 18 years of age, wherever

possible.

10. Refrain from any form of harassment of others.

11. Refrain from any behaviour that may bring HA, SA, AA or AC into disrepute.

12. Be a positive role model.

13. Understand the repercussions if you breach, or are aware of any breaches of, this code of behaviour.




ATTACHMENT 2F: PARENT/GUARDIAN CODE OF BEHAVIOUR

1. Parents/Guardians shall at all times conform to accepted standards of good sportsmanship and

behaviour.

2. Parents/Guardians shall at all times respect officials, coaches and players and extend all

courtesies to them.

3. Lead by example and respect all players, coaches, umpires and spectators – physical or verbal

abuse will not be tolerated.

4. Respect the umpires’ decision. Do not abuse, threaten or intimidate an umpire or match official

and do not show dissension, displeasure or disapproval towards an umpire or match official’s

decision in an abusive or unreasonable fashion.

5. Never publicly criticize umpires – raise personal concerns with club officials in private.

6. Support skilled performances.

7. Show respect for opponents.

8. Display appropriate social behaviour by not using profane, demeaning or derogatory language, or

harassing players, coaches, officials or other spectators.

9. Do not throw any object.

10. Barrack in a positive way.

11. Leave the area tidy and free from litter or other mess.

12. Remember that you are there for the participants to enjoy the game.

13. Never ridicule mistakes or losses.

14. Recognise all volunteers who are giving up their valuable time.

15. The umpire may issue a warning to the team captain, of the spectators which are breaking the

code of behaviour, to let the spectators know that their team will lose points if they continue to

behave in a manner not in-line with the code of behaviour.

16. Refrain from any form of personal abuse towards your children and team-mates. This includes

verbal, physical and emotional abuse. Be alert to any forms of abuse directed towards you

children and team-mates from other sources whilst they are in your care.

17. Refrain from any form of harassment towards your athletes. This includes sexual and racial

harassment, racial vilification and harassment on the grounds of disability.



19. Be a positive role model for your children.


ATTACHMENT 2G: SPECTATOR CODE OF BEHAVIOUR

As a spectator watching an event that is conducted or sanctioned by HA or any ‘body’ associated with HA, you

must meet the following requirements with regard to your conduct

Spectators are an important part of the game and shall at all times conform to accepted standards of good

sportsmanship and behaviour.

1. Spectators shall at all times respect officials, coaches and players and extend all courtesies to them.

2. Lead by example and respect all players, coaches, umpires and fellow spectators – physical or verbal

abuse will not be tolerated.

3. Respect the umpires’ decision. Do not abuse, threaten or intimidate an umpire or match official and

do not show dissension, displeasure or disapproval towards an umpire or match official’s decision in

an abusive or unreasonable fashion.

4. Support skilled performances and show respect for opposition teams and players.

5. Display appropriate social behaviour by not using profane, demeaning or derogatory language, or

harassing players, coaches, officials or other spectators.

6. Leave the spectator area tidy and free from litter.

7. Do not ridicule mistakes or losses – supporters are there to support.

8. Acknowledge all volunteers who are giving up their valuable time to enable the conduct of

competition. 9. Respect the rights, dignity and worth of every person regardless of their gender, ability, cultural



ATTACHMENT 3: CHILD PROTECTION

1. For more information relating to Child Protection refer to the following website

1.1. http://www.kids.nsw.gov.au/Working-with-children/New-Working-With-Children-Check/apply

2. All ‘volunteers’ who work in a ‘club which provides services for children’ and who are over 18 years of age

are required to undertake the ‘new’ Working with Children Check. This process is free for volunteers and

will last for 5 years.

3. For more information please contact the Orange Hockey Inc MPIO - Member Protection Information

Officer, who will assist you in a confidential manner to locate the best support for any problems

concerning a Child Protection matter. For independent support you can contact the following

3.1. Office of NSW Sport Recreation and Communities -

Western region office - Orange - phone - 02 6362 6623 and ask to speak to a Member Protection

Information Officer.

General website - http://www.dsr.nsw.gov.au/

3.2. NSW Commission for Children and Young People

http://www.kids.nsw.gov.au/About-us

Phone: 02 9286 7276

Fax: 02 9286 7267 Email: [email protected]

http://www.kids.nsw.gov.au/Working-with-children/New-Working-With-Children-Check/apply

http://www.kids.nsw.gov.au/About-us

mailto:[email protected]


ATTACHMENT 4: COMPLAINTS PROCEDURES

1. INTRODUCTION

1.1. The Orange Hockey Association aims to provide a simple procedure for complaints based on the

principles of procedural fairness (natural justice). Orange Hockey aims to resolve complaints with a

minimum of fuss. Complaints may be resolved by agreement between the people involved with no

need for disciplinary action.

1.2. Any person may report a complaint about a person/s or organisation bound by this policy. Such

complaints should be reported to Orange Hockey’s Member Protection Information Officer or Orange

Hockey Inc (or their sub committees).

1.3. A complaint may be dealt with informally or formally. The complainant usually decides this unless

the MPIO or Orange Hockey Inc considers that the complaint falls outside this policy and would be

better dealt by another more appropriate body (ie Hockey NSW, or the police)

1.4. All complaints will be dealt with promptly, seriously and sensitively

1.5. If you wish to remain anonymous it may be difficult to assist you to resolve your complaint.

2. MAKING A COMPLAINT

2.1. First Step - Contact a Member Protection Information Officer

2.1.1. Talk with a Member Protection Information Officer (MPIO) or a representative of Orange Hockey

Inc if:

2.1.1.1. you are not sure how to handle the problem by yourself

2.1.1.2. you want to talk confidentially about the problem with someone and obtain more

information about what you can do

2.1.1.3. the problem continues after you tried to approach the person or people involved

2.1.2. A list of MPIO’s can be found on the Orange Hockey Website – www.orangehockey.com.au

2.1.3. The MPIO or a representative of Orange Hockey Inc will

2.1.3.1. take notes about your complaint

2.1.3.2. try to find out the facts of the problem

2.1.3.3. ask what outcome/how you want the problem resolved and if you need support

2.1.3.4. provide possible options for you to resolve the problem

2.1.3.5. act as a support person if you so wish

2.1.3.6. refer you to an appropriate person (e.g. Mediator) to help you resolve the problem, if

necessary

2.1.3.7. inform the relevant government authorities and/or police if required by law to do so

2.1.3.8. maintain confidentiality unless the law requires disclosure or if disclosure is

necessary to effectively deal with the complaint

2.2. Second step: Outcomes from initial contact

2.2.1. After talking with the MPIO or a representative of the Orange Hockey Inc, you may decide to

2.2.1.1. Deal with it INFORMALLY. This usually occurs if

2.2.1.1.1. the problem is minor and you do not wish to take the matter forward

2.2.1.1.2. you wish to try and work out your own resolution (with or without a support

person such as a MPIO)

2.2.1.2. Deal with it FORMALLY - this usually occurs if or when the problem is more complex

and you wish

2.2.1.3. Seek a mediated resolution with the help of a third person (such as a mediator)

2.2.1.4. Seek a formal approach - such as making a formal complaint;

2.3. Third step if required: FORMAL APPROACHES - Making a formal complaint.

2.3.1. If your complaint is not resolved or informal approaches are not appropriate or possible, you

may

2.3.1.1. make a formal complaint in writing to Orange Hockey Inc (or their representative

sub-committee) - contact details as follows

2.3.1.1.1. email: [email protected];

2.3.1.1.2. Snail Mail: PO Box 8097, Orange NSW 2800; OR

2.3.1.2. Approach a relevant external agency such as an anti-discrimination commission, for

advice.

2.3.2. On receiving a formal complaint, and based on the material you have provided, Orange Hockey

Inc (or their sub-committee) will decide whether

2.3.2.1. they are the most appropriate authority to receive and handle the complaint

2.3.2.2. the nature and seriousness of the complaint warrants a formal resolution procedure

2.3.2.3. to appoint a person to investigate (gather more information on) the complaint

2.3.2.4. to refer the complaint to mediation

2.3.2.5. to refer the complaint to a hearings tribunal or judiciary process

mailto:[email protected]


2.3.2.6. to refer the matter to the police or other appropriate authority

2.3.2.7. to implement any interim arrangements that will apply until the complaint process

set out in these procedures is completed.

2.4. APPEAL

2.4.1. After reconsideration of initial investigation and outcome, if you or any party to the complaint

are not happy with the outcome of any process enacted, you may be entitled to appeal. The

grounds and process for appeals under this Policy are set out in (Attachment 5).

2.5. DOCUMENTATION

2.5.1. Orange Hockey Inc will document the complaint, the process and the outcome. This document

will be stored in a confidential and secure place.

2.6. For further information please see Hockey Australia’s Member Protection Policy – Attachment 1.

3. EXTERNAL APPROACHES

3.1. There are a range of other options available depending on the nature of your complaint.

3.2. If you feel that you have been harassed or discriminated against, you can seek advice from your

State or Territory anti-discrimination commission without being obliged to make a formal complaint.

3.3. Once a complaint is received by an anti-discrimination commission, it will investigate. If it appears

that unlawful harassment or discrimination has occurred, the commission will conciliate the

complaint confidentially. If this fails, or is inappropriate, the complaint may go to a formal hearing

where a finding will be made. The tribunal will decide upon what action, if any, will be taken. This

could include financial compensation for such things as distress, lost earnings or medical and

counselling expenses incurred.

3.4. If you do lodge a complaint under anti-discrimination law, you may use an appropriate person as a

support person throughout the process. It is also common to have a legal representative,

particularly at the hearing stage of a complaint.

3.5. If the complaint relates to a child or a young person, you can find more information about

appropriate external organisations in Attachment 3 - Child Protection


ATTACHMENT 5: OHI TRIBUNAL POLICY AND PROCEDURES

1. INTRODUCTION

1.1. This policy represents a guide to the tribunal process, and should be followed where ever possible.

Minor deviations of this policy will be acceptable after due consideration as the factors impacting on

this policy and process. This policy can apply to all OHI members including players, officials, umpires

administrators or spectators, and is referred to in the OHI member protection Policy clause 9.

1.2. A Tribunal Hearing represents a formal process for dealing with a breach of the OHI member

protection policy - especially if the behaviour is deemed ‘unacceptable’. Behaviours that fall under

the scope of the OHI Judiciary Policy (ie on-field behaviours) will not usually be dealt with under this

tribunal policy, although in the instance where the misdemeanor relates to breaches of both the

judicial policy and the Member Protection Policy, OHI may deem it appropriate to host both a judicial

process and a tribunal hearing at the same time, for the convenience of all involved.

2. CONVENING OF THE TRIBUNAL HEARING

2.1. A tribunal hearing will be convened to deal with a breach of the OHI Member Protection Policy - as

outlined in clause 5 of that policy;

2.2. The time frame to report the breach and deliver it to the secretary is up to 48 hours after the day

the incident occurred. It shall be in writing, preferably by email or hand delivered to the secretary of

the Orange Hockey Inc committee.

2.3. Orange Hockey Inc. committee can delegate authority to an appropriate committee (ie one

convened specifically for the purpose of tribunal hearing) if it so chooses, provided it is satisfied that

the matter will be dealt with fairly and according to the principles of the OHI Member Protection

Policy. OHI may choose to convene its own Tribunal panel to hear the matter.

3. COMPOSITION OF TRIBUNAL PANEL

3.1. the tribunal panel will consist of:

3.1.1. A Chair (who is a non-voting member), and

3.1.2. A minimum of 3 (three) and no more than 5 (five) other persons;

3.1.3. A secretary (nonvoting) may be present to record minutes for the meeting.

3.1.4. Panel Members should be a mix of both association members or representatives, and should

include some independent members (with appropriate knowledge and skills to execute this

role.

3.2. Where possible panel members should be people who do not have a conflict of interest with the

matter to be heard, and should include people with the appropriate skills and knowledge to apply

the conditions and intent of the OHI Member Protection Policy and this Tribunal Policy. The Chair

may be someone with appropriate knowledge of Tribunal Process who is not aligned with Orange

Hockey Inc;

3.3. The chairman’s role is to control the tribunal hearing and the order of events, sum up the

arguments, and ensure the panel fulfil their duties, as to a finding and if a penalty is warranted, and

the reasons for those decisions.

4. NOTIFICATION OF TRIBUNAL PANEL MEETING

4.1. It is suggested that all relevant parties be notified of the tribunal meeting, the time and place, the

charge to be answered, and the need for attendance via mail or email. Notification to the player’s

club secretary will be taken as notifying the charged person. The tribunal meeting will be normally

heard with seven days (7) of the incident, but where circumstances exist that preclude a hearing

being convened within (7) seven days the hearing should be convened as soon as is practicable.

Written confirmation via mail, email or SMS should be gained by the tribunal panel as proof that

notice has been received by the relevant parties in the appropriate time period.

4.2. If the party to the incident is absent, the tribunal hearing may proceed at the discretion of the panel.

If a reasonable excuse for non-attendance is given by the party to the incident, then the meeting

should be set to another date.

5. MEETING OF THE TRIBUNAL

5.1. Those entitled to be at the meeting are

5.1.1. The tribunal panel members

5.1.2. The person defending a charge laid against them.

5.1.3. The person bringing the charge;

5.1.4. Any witnesses that the party defending the charge may wish to call to give evidence on their

behalf.

5.1.5. Any witnesses that those supporting the charge may wish to call to give evidence on their

behalf.


5.2. Both parties will be present during the tribunal, unless the tribunal panel deems this to be

inappropriate (ie due to child protection issues or in the case of harassment or intimidation)

5.3. Both parties are permitted to have two supporting people to assist and advise during the tribunal. In

the case that any of the parties are under 18 years of age, one of the supporting persons must be

their parent. None of the parties are to be represented by either a solicitor or a barrister.

5.4. The tribunal panel through the Chair may question the parties as they see fit.

5.5. Both parties may direct questions and statements to the tribunal panel through the Chair, but not to

each other without the consent of the Chair;

5.6. Witnesses will be excluded from the tribunal hearing except when called upon to provide testimony.

5.7. Evidence will be included at the discretion of the panel.

5.8. The Chair will read and explain to all parties to the hearing, in the presence of each other, the full

text of the charge or dispute to be considered. The Chair will ask the reported person/s whether

they wish to contest the charge/s. If the charge is not contested, the panel will then make a

determination as to the outcome of the tribunal;

5.9. If the charge/s is contested the parties to the hearing shall be heard by the panel, in the presence

of each other, in the following order:

5.9.1. Those supporting a charge, protest or appeal, to give evidence, to call witnesses and be

questioned by the panel; followed by

5.9.2. Those defending a charge or protest, to give evidence, to call witnesses and to be questioned

by the panel, to question the supporting parties via the Chair if appropriate; followed by

5.9.3. Those supporting a charge or protest, to answer evidence given under 5.9.1 or 5.9.2,

proceeding to question the defending parties (through the Chair) and to be questioned by the

panel.

5.10. The parties to the hearing shall retire while the panel considers its decision, although the panel

may recall any or all of them, individually or together, to amplify or clarify any matter of evidence.

5.11. The Chair shall have no vote but shall have the right to determine questions of order, shall sum

up the evidence to the judiciary committee during the consideration of evidence and make any

recommendations which the judiciary committee shall not be obliged to accept, for the change of a

charge to another carrying a lesser or higher penalty.

5.12. The Panel will then:

5.12.1. In the case of a person found guilty of an offence, determine a penalty;

5.12.2. In the case of any other determination - recommend the appropriate course of action -

which may include recommendation of further charges to be pursued, or may recommend no

further action at all;

5.12.3. The panel may choose to deliver their findings at the meeting or as a written notification

within a suitable timeframe.

5.13. Written notification of the findings of the tribunal panel will be provided to all parties, and to

OHI;

6. APPEAL

6.1. All parties have the right to appeal a decision according to the Appeals process outlined in the OHI

Member Protection Policy and articulated in Clause 10 and outlined in attachment 6

7. PENALTIES

7.1. Other guidelines on penalties for offences, issued by Hockey NSW or Hockey Australia may also be

considered when determining penalties or recommended actions;

7.2. In the event that a person is suspended from attendance at the Orange Hockey facility for a

specified period of time - the panel should stipulate a starting and finishing time frame;

7.3. Any suspension from one affiliated hockey body will apply to all affiliated hockey bodies.

7.4. The above guidelines may be used with a good behaviour probation period, where a further penalty

or a suspended penalty may be invoked if certain behaviour is displayed during that period.

7.5. The panel may apply an ‘interim penalty’ should they need to seek further advice (ie from Hockey

NSW or Hockey Australia) as to the type and duration of the penalty. If this is the decision of the

panel this should be conveyed to all parties in writing articulating process and proposed timelines

for conclusion of the matter.


ATTACHMENT 6: OHI APPEAL POLCY AND PROCEDURES

1. INTRODUCTION

1.1. The appeals process is referred to in the OHI Member Protection Policy clause 9, a copy of which

can be requested from OHI committee.

2. APPEAL PROCESS

2.1. An appeal against the findings of a tribunal hearing (for a breach of the Member Protection Policy)

or a judiciary panel’s findings (for a on-field misdemeanour) should be made in writing and received

by the relevant secretary no later than 14 days after the judgement is announced. In some

extenuating circumstances an appeal will be considered outside this time frame, this to be

determined by either OHI, or a higher authority to which the appeal is made (ie HNSW). The written

appeal shall be accompanied by a deposit, being the appeal fee.

2.2. The appeal will then be heard by either

2.2.1. a different panel of the same subcommittee; or

2.2.2. a panel of OHI committee; or

2.2.3. a panel as appointed by HNSW or some higher authority;

3. BASIS FOR APPEAL

3.1. Appeals would only be heard on the basis of new evidence being available that was not presented

at the original disciplinary hearing, and not simply because the guilty party is dissatisfied with the

outcome.

4. TIMEFRAME FOR APPEAL TO BE HEARD

4.1. The OHI committee or sub-committee shall advise the person lodging the appeal of the date for that

appeal to be heard. The appeal will be heard as soon as possible after receipt of the request for

appeal, (preferably within 7 days) unless there are circumstances that prevent an appeal being

heard within that time frame.

5. APPEAL LODGEMENT FEE

5.1. Where Orange Hockey Incorporated, any sub-committee or executive of a sub-committee or a

disciplinary panel, has made a ruling on a certain issue and individuals, committees or clubs wish to

appeal against that decision, then any appeal must be lodged with the prescribed Appeal

Lodgement Fee.

5.2. The Appeal Lodgement Fee is set at $100 (one hundred dollars) and must be in the form of either

cash or a bank cheque made out to Orange Hockey Inc. If the appeal is upheld (successful) the fee

will be refunded. If an appeal is not upheld, but the penalty reduced, the committee deciding the

appeal will decide if the prescribed fee or any portion is to be refunded, and their decision will be

final. If the appeal is not upheld the fee is forfeited.


ATTACHMENT 7: OHI JUDICIARY POLICY AND PROCEDURES

1. INTRODUCTION

1.1. This policy represents a guide to the judiciary process, and should be followed where ever possible.

Minor deviations of this policy will be acceptable after due consideration as the factors impacting on

this policy and process. This policy can apply to all OHI members including players, officials, umpires

administrators or spectators, and is referred to in the OHI member protection Policy clause 10.

1.2. This policy relates to a specific set of charges that arise from a game – whether it is a competition

game or some other form of game sanctioned by OHI. This can include behaviours occurring

immediately before or after a game, but related to the game in some way. It also refers to a specific

set of behaviours as listed in appendix A. Any other behaviours that fall under the scope of the OHI

Member Protection Policy (ie a breach of code of conduct) will not usually be dealt with under this

judicial policy, although in the instance where the misdemeanor relates to breaches of both the

judicial policy and the Member Protection Policy, OHI may deem it appropriate to host both a judicial

process and a tribunal hearing at the same time, for the convenience of all involved.

2. CONVENING OF THE JUDICIAL HEARING

2.1. A judicial hearing will be convened under the following circumstances

2.1.1. Due to circumstances that are outlined in any OHI sub committee’s by laws or competition

rules and thus enable this process to occur (ie accumulation of points for misdemeanors that

are regulated with the issue of a card by a game official)

2.1.2. An Appeal of an automatic sentence on the basis of a card being issued incorrectly, and thus

requiring examination of the evidence by the judiciary panel;

2.1.3. A charge put forward by an OHI subcommittee or committee, based on evidence observed or

presented by a club, or an individual.

2.2. The time frame to report an incident and deliver it to the secretary is up to 48 hours after the day

the incident occurred. It shall be in writing, preferably by email or hand delivered to the secretary of

the subcommittee controlling the game at the time, or for an off-field incident the secretary of the

Orange Hockey Inc committee. The document outlining the charge should give a summary events

observed, the names of other witnesses.

2.3. Orange Hockey Inc. committee can delegate authority to the respective subcommittee to hold initial

judiciary meetings/hearings for matters regarding it’s members if it so chooses, provided it is

satisfied that the matter will be dealt with fairly and according to the principles of the OHI Member

Protection Policy. OHI may choose to convene its own Judiciary Panel to hear the matter.

3. COMPOSITION OF JUDICIARY PANEL

3.1. the judiciary panel will consist of:

3.1.1. A Chair (who is a non-voting member), and

3.1.2. A minimum of 3 (three) and no more than 5 (five) other persons;

3.1.3. A secretary (nonvoting) may be present to record minutes for the meeting.

3.2. Where possible panel members should be people who do not have a conflict of interest with the

matter to be heard, and if possible from different clubs. An association committee member should

be the chair. The Chair would normally be from the committee’s executive providing there are no

conflicts that would preclude those executive members from the chair’s position. However the Chair

may be someone with appropriate knowledge of Judiciary Process who is not aligned with the sub-

committee to which the matter relates.

3.3. The chairman’s role is to control the judiciary hearing and the order of events, sum up the

arguments, and ensure the panel fulfil their duties, as to a finding and if a penalty is warranted and

the reasons for those decisions.

4. NOTIFICATION OF JUDICIARY PANEL MEETING

4.1. It is suggested that all relevant parties be notified of the judiciary meeting, the time and place, the

charge to be answered, and the need for attendance via mail or email. Notification to the player’s

club secretary will be taken as notifying the charged person. The judiciary meeting will be normally

heard with seven days (7) of the incident, but where circumstances exist that preclude a hearing

being convened within seven days the hearing will be within fourteen (14) days of the incident.

Written confirmation via mail, email or SMS should be gained by the judiciary panel as proof that

notice has been received by the relevant parties in the appropriate time period.

4.2. If the party to the incident is absent, the judiciary tribunal may proceed at the discretion of the

judiciary panel. If a reasonable excuse for non-attendance is given by the party to the incident, then

the judiciary meeting should be set to another date.

5. JUDICIARY MEETING PROCESS


5.1. Those entitled to be at the meeting are

5.1.1. The judiciary committee members

5.1.2. The member defending a charge laid against them.

5.1.3. The two umpires who controlled the match, if the charge arose from a hockey match, or the

person bringing the charge if not the umpire

5.1.4. Any witnesses that the party defending the charge may wish to call to give evidence on his

behalf.

5.1.5. Any witnesses that those supporting the charge may wish to call to give evidence on their

behalf.

5.2. Both parties will be present during the judiciary tribunal, unless the judiciary panel deems this to be

inappropriate (ie due to child protection issues or in the case of harassment or intimidation)

5.3. Both parties are permitted to have two supporting people to assist and advise during the tribunal. In

the case that any of the parties are under 18 years of age, one of the supporting persons must be

their parent, or a club or team representative. None of the parties are to be represented by either a

solicitor or a barrister.

5.4. The judiciary panel may question the parties as they see fit.

5.5. Both parties may direct questions and statements to the judiciary panel but not to each other

without the consent of the panel.

5.6. Witnesses will be excluded from the tribunal hearing unless called upon to provide testimony.

5.7. Evidence will be included at the discretion of the judiciary panel.

5.8. The chairman shall read and explain to all parties to the hearing, in the presence of each other the

full text of the charge or dispute to be considered. The judiciary panel will ask the reported person/s

whether they wish to contest the charge/s. If the charge is not contested, the judiciary panel will

then make a determination in accordance with the penalty guidelines.

5.9. If the charge/s is contested the parties to the hearing shall be heard by the committee, in the

presence of each other, in the following order:

5.9.1. Those supporting a charge, protest or appeal, to give evidence, to call witnesses and be

questioned by the committee; followed by

5.9.2. Those defending a charge or protest, to give evidence, to call witnesses and to be questioned

by the committee, to question the supporting parties; followed by

5.9.3. Those supporting a charge or protest, to answer evidence given under 5.9.1 or 5.9.2,

proceeding to question the defending parties and to be questioned by the committee.

5.10. The parties to the hearing shall retire while the judiciary committee considers its decision,

although the judiciary may recall any or all of them, individually or together, to amplify or clarify any

matter of evidence.

5.11. The chairman shall have no vote but shall have the right to determine questions of order, shall

sum up the evidence to the judiciary committee during the consideration of evidence and make any

recommendations which the judiciary committee shall not be obliged to accept, for the change of a

charge to another carrying a lesser or higher penalty.

5.12. The judiciary committee may, in written resolution reduce a charge to another carrying a lesser

penalty. It shall record its decision, made by a majority vote, in the form of a written resolution over

the signatures of its members and the chairman.

5.13. The Panel shall then:

5.13.1. In the case of a player found guilty of an offence, determine a penalty in accordance with

the scale of RECOMMENDED penalties hereinafter scheduled.

5.13.2. In the case of other than players found guilty of an offence, determine a penalty

applicable under any by-law, or determine a penalty if there be none specifically provided in

any by-law or recommended penalty table

5.13.3. In the case of an upheld protest or appeal, recommend an appropriate course which he

shall record in the report of the judiciary committee’s proceedings.

5.13.4. The panel may choose to deliver their findings at the meeting or as a written notification

within a suitable timeframe.

5.14. Written notification of the findings of the judiciary panel will be provided to all parties.

6. APPEAL

6.1. All parties have the right to appeal a decision according to the Appeals process outlined in the OHI

Member Protection Policy and articulated in Clause 10 and outlined in attachment 6.


7. RECOMMENDED PENALTIES FOR JUDICIARY

7.1. The word weeks above may be substituted for matches to cover situations at the end of a season

where the penalty will carry over to the next season. To avoid misunderstandings, when advising of

a suspension, it is advisable to state the date the suspension period will end.

7.2. A red card attracts a mandatory 1 week suspension, and the penalties above should be added to

that mandatory penalty.

7.3. Other guidelines on penalties for offences, issued by Hockey NSW may also be considered when

determining penalties.

7.4. In this context a match shall mean a match during the playing season in which association

controlled matches would have been available to the suspended player, and any suspension may

extend into a subsequent season before being terminated, if necessary.

7.5. A suspension from one affiliated hockey body applies to all affiliated hockey bodies.

7.6. In the hearing of any charge against a player permanently suspended from a match, the suspending

umpires written report shall, in any case where the question of intent is not material to the penalty

provided be a prima facie evidence that the events described in it did occur.

7.7. The above guidelines may be used with a good behaviour probation period, where a further penalty

or a suspended penalty may be invoked if certain behaviour is displayed during that period.

Offence Penalty

Dispute umpires decision 2 weeks

Verbally abusing umpire 2 weeks

Verbally abusing umpire – 2nd offence 6 weeks

Deliberately striking an umpire 2 years

Deliberately striking an umpire – 2nd offence 5 years – life

Striking another player 3 weeks

Deliberately striking another player 6 weeks

Striking another player with a hockey stick 6 weeks

Deliberately striking another player with a hockey

stick

10 weeks

Deliberately striking another player with a hockey

stick – 2nd offence

1 year – life

Spitting at a player/official 5 weeks

Rough, dangerous, intimidating play 2 weeks

Persistent and deliberate breach of the rules 2 weeks

Abusive and /or offensive conduct 3 weeks

Acting in a detrimental manner to the association 3 weeks

Use of telecommunications device to

threaten/abuse a player or official

3 weeks


Policy Adoption and Review Record

Record Event Date Authorised by

Name

Position Held Signature

Policy Adopted by Orange

Hockey Inc

2 June 2014 Marion Eslick OHI Secretary

Junior Sub Committee

endorsement

10 June 2014 Michelle

Stevenson

OHI Chair

Women’s Sub Committee

endorsement

2 June 2014 Jane Rowlands OHI Women’s

Sub-Committee

Men’s Sub Committee

endorsement

16 June 2014 Beth Shea OHI Men’s Sub-

Committee

Twilight Sub Committee

Policy due for review 2 June 2015 OHI

Policy reviewed

Policy Due for review

Policy Reviewed

Date post:	26-Apr-2020
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