FAQs
The following are frequently-asked questions and responses in relation to harassment, discrimination, abuse, member protection and other ethical issues in sport.
Also see the frequently-asked questions section of the Play by the Rules website.
The issues and legislation surrounding anti-doping, child protection, discrimination, harassment and other ethical issues can be complex. Resolutions to these issues will vary from person to person and from jurisdiction to jurisdiction. Please note that the responses provided should not be considered a substitute for professional legal advice. While care has been taken in the preparation of this material, the Australian Sports Commission does not accept responsibility for any errors or omissions, nor for the result of actions taken on the basis of this information.
| Q - Are the risks of abuse greater in some sports than others? |
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A - There is no evidence to suggest that children are at greater risk of abuse in particular sports, neither is there evidence to suggest that girls are at any greater risk than boys. Any sports club or organisation will be vulnerable if it doesn't take the precautions needed to safeguard the welfare of the children in its care. Some studies have shown that people involved in elite level sport are at particular risk of abuse. They often are involved in intensive training regimes and competitions that take them away from home for long periods of time, and are often highly dependent on a single adult for physical and psychological support. These people are also in a situation where it is very difficult to speak out about what is happening to them for fear of losing the opportunity to succeed in their sport. |
| Q - Our organisation has a policy in place that requires coaches, who work with people under the age of 18, to undergo a screening process which includes a police check. One of our junior coaches won’t consent to a police check claiming that it isn’t a legislative requirement in his state and that it is ‘an assumption of guilt’. What can we do? |
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A - Your sport organisation is entitled to enforce its policy requirements regardless of whether your state or territory has legislation requiring the coach to undertake a police check, as long as the policy is applied consistently and fairly. and requirements You cannot force the coach to consent to a police records check but you can refuse to appoint or retain the coach if your organisation’s policy requires all coaches (who work with juniors) to submit to a police records check . It may be useful to remind the coach why this action is being taken – to protect both the young people and the coaches within your organisation, and that this is a similar requirement of many other organisations for people who work with young children . In addition, if it is a requirement of the policy, failing to conduct the police check is more likely to give rise to liability. If the coach who is seeking employment does not want to undergo a check, he/she would not be employed. If the coach is already employed then he/she is refusing to follow a reasonable direction that is also a requirement for continued employment, then their contract/employment could be terminated. (for example, schools, Scouts, child care centres and religious groups). |
| Q - Several concerns have been raised about a coach’s behaviour within our sport. The coach is not a member of the sport a club, association or our national body – she is a private coach whereby she is directly engaged by athletes and/or parents. The executive members of our national body are concerned that her behaviour and perhaps the behaviour of other private coaches may reflect badly on our sport. Can we sport require the coach to comply with our national organisation’s policy and code of behaviour? |
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A - Unfortunately as the coach is not a member of a sport club, association or national body, your sport cannot apply the policy does not apply to the coach. However, you can encourage athletes and parents to check, when engaging a private coach, if the coach is accredited by the National Coaching Accrediation Scheme and is complying with child protection legislative requirements (for example, in Queensland, a private coach must have a ‘Blue Card’ or ‘Suitability Notice’) . Coaches accredited by National Coaching Accrediation Scheme have signed onto the scheme’s coaches code of ethics). |
| Q - Our state association conducts police checks on people in our sport who have (or will have) direct and unsupervised contact with children and adolescents, as per our sport’s policy. Two of the checks have come back ‘positive’. One of the checks relates to a state coach in an existing paid position, the other relates to a volunteer position. What do we do? |
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A - In the case of the volunteer position, advise the person you are unable to engage them in that position and find an alternative volunteer. In the case of the existing paid coach, it would depend on a number of factors, including the nature of the coach's duties, the terms of any employment agreement between you and the coach, your organisation’s relevant policies and the laws of the state or territory in which the coach is employed. You should seek legal advice before taking any further action. |
| Q - Our team selectors have just been advised that one of the athletes currently competing in the state team and who is trying out for the national team is a male-to-female transgender. Several of the other female athletes trying out for selection say we will be discriminating against them if we allow the transgender athlete to try out for selection as they claim she has an unfair physiological advantage. However, we understand that we can’t discriminate against people on grounds of sexuality and transgender status. What do we do? |
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A - There is no simple answer to the question of whether male-to-female transgenders should be able to participate in women’s sport. You should seek advice from your relevant state human rights and/or equal opportunity commission and/or from the Human Rights and Equal Opportunity Commission. Six of the eight states and territories currently prohibit discrimination on the grounds of sexuality and five (New South Wales, South Australia, Western Australia, the Australian Capital Territory and the Northern Territory), currently prohibit discrimination on the grounds of transgender identity. There are substantial variations between the state and territory legislation. For more information, see Transgenders in Sport on the Women in Sport website. In May 2004, the International Olympic Committee (IOC) agreed on the following statements put forward by its Medical Commission with regards to athletes who have changed sex:
More information on the consensus to which the IOC agreed is available from the IOC Medical Commission website. |
| Q - In the capacity of team manager, I have overheard comments relating to the inappropriate behaviour of my team’s coach. Some of these concerns are quite serious (of a sexual nature); however, no one has actually made a formal or informal complaint. Should I ask the people in question to stop the rumours and advise that if anyone has information or wants to make a complaint, they should come forward (as outlined in our policy). Meanwhile, I am concerned about the safety of some of the young members on the team. Should I also make the CEO aware of the rumours and/or undertake an investigation? |
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A - Subject to confidentiality and privacy obligations, you should follow your sport’s policies relating to complaints regardless of the manner in which you have become aware of the issue. If the rumours are true, your club/organisation should be dealing with the inappropriate behaviour in accordance with its policies. If the rumours are false, your club/organisation should be protecting the person whose reputation is being unfairly damaged. Of course, common sense should be applied when considering whether or not to investigate a rumour. The nature and seriousness of the alleged inappropriate behaviour and the apparent reliability of the information should be taken into account before any action is taken. |
| Q - I am a member protection information officer and understand that ‘the complaint lies with the complainant’ (that is, that the complainant determines if the complaint is to be taken further). What do I do if the complainant does not wish a potential criminal matter (for example, a sexual assault) to be handled by the police or other external agencies, but does want my sport to deal with it (that is, terminate employment of the alleged perpetrator and/or stop the behaviour)? |
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A - Generally, confidentiality and privacy obligations do not prevent a person reporting a criminal offence. You should consider all of the circumstances, including the seriousness of the alleged offence, the potential for further offences, your organisation’s duty of care to other members, and community standards in deciding whether to comply with the complainant's request not to report the matter. You could advise the complainant that due to the seriousness of the allegation, you may need to seek advice from experts (the relevant authorities) on how to effectively deal with the complaint. |
| Q - What should a member of staff or a volunteer do if they think a child within their sporting organisation/club is at risk? |
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A - The member of staff or volunteer must follow the guidelines contained within the sport’s child protection (member protection) policy. They should inform the club's child protection or member protection officer who should inform the local social services or police immediately. If the child protection/member protection officer is not available, the member of staff or volunteer should contact the local social services or police. They do not have to give their name, although it is helpful if they do. Social services and/or the police, together with the organisation’s child protection/member protection officer where appropriate, will decide how and when parents or carers will be informed, and what action to take. If a child or young person talks about possible abuse, the member of staff or volunteer should:
The member of staff or volunteer should not:
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| Q - A small but vocal group of parents from our Under 12 team regularly abuse the referee and opposition team. We are very concerned about the impact this behaviour is having on our young players and the negative publicity and reputation our club will inevitably receive. How do we stop this inappropriate behaviour and encourage better conduct from our spectators? |
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A - This form of abuse is often referred to as ‘sport rage.’ There are several steps your club can take to prevent it from occurring and promote appropriate behaviour from your members. Firstly, you need to ensure that your club has stated and promoted the standard of behaviour required of players and participants in the form of a Code of Behaviour. Your state or national association should already have a Code of Conduct which may form part of its Member Protection Policy that as an affiliated organisation your club is required to abide by. Changing the behaviour of this group of parents may simply be a matter of politely reminding the individuals concerned that your club has a Code of Conduct that they need to abide by and providing them with a copy of the document. You may also need to advise them that if they do not abide by it they risk disciplinary action being taken. Several of the state departments of sport and recreation have programs in place that provide information for sporting organisations on how they can promote and encourage fair play, raise awareness on ‘sport rage’ issues and minimise the instances of officials being abused or harassed. For more information contact your state department of sport and recreation or check the Play by the Rules website for a summary of each of the department’s initiatives. The ASC website also includes a list of positive initiatives that have been introduced by sporting organisations to address ethical issues within their sport. Several of these address parent behaviour and sport rage issues. |

