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Play By The Rules

Promoting fair and safe behaviour

in sport

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Workshop objectives This workshop will:• explore how discrimination and

harassment can happen in sport and identify the relevant laws that apply

• identify the relevant policies, complaint resolution procedures and practices that should be in place to assist sporting organisations, clubs and schools to meet their responsibilities under these laws

• identify the organisations and resources available to assist sporting organisations ensure their activities are free of discrimination and harassment

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Playing by the rules:

•helps sporting bodies meet their responsibilities under the law

•helps achieve best practice in performance, people management and service provision

•promotes fairness, equality, participation and selection on merit

•helps avoid the damage to performance, morale and general enjoyment that can be caused by discrimination, harassment and unfair treatment

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Equal Opportunity LawEqual opportunity law cover everyone involved in sport-related activities, including:•competitors and players•administrators, managers and officials•coaches•umpires and referees•trainers•volunteersSporting organisations are responsible for ensuring that anyone involved in sport-related activities is not harassed, vilified or discriminated against.

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Play by the Rules

• Harassment

• Discrimination

• Child protection

• Sport rage

• The law and best practice

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Play by the Rules

•On-line training–Administrators–Umpires and referees–Coaches–Participants and volunteers

•Resources and publications

•Policies and procedures•Case studies, decisions•Links, FAQs, WebPoll etc

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DVDs

•Child protection

•Discrimination and harassment

•Complaint handling

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Equal Opportunity Law

Victoria–Equal Opportunity Act 1995–Racial and Religious Tolerance Act 2001

Commonwealth legislation–Sex Discrimination Act 1984–Racial Discrimination Act 1975–Disability Discrimination Act 1992–Age Discrimination Act 2004

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Discrimination Checklist

• less favourable treatment

• because of a protected attribute

• in an area of public life

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Discrimination

Direct discrimination occurs if a person treats or proposes to treat a person with one of the attributes covered by the legislation less favourably than someone without that attribute or personal characteristic.

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Discrimination

Indirect discrimination occurs when an unreasonable requirement, condition or practice which may appear to be neutral in fact has a disproportionately negative impact on people with particular attributes.

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Attributes:

Age BreastfeedingGender identity Industrial activityLawful sexual activity Physical featuresCarer status DisabilityMarital status Parental status

Political belief/activities PregnancyReligious belief/activitiesRaceSex Sexual orientation

Personal association

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Equal Opportunity Law

Equal opportunity law in Victoria applies in areas of public life, for example:•sport•clubs and club membership •goods and services •employment•education•accommodation•local government

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Discrimination in SportA person must not discriminate against another person:•by refusing or failing to select them in a sporting team, or•by excluding the other person from participating in a sporting activityon the basis of a protected attribute.

A sporting activity includes coaching, refereeing and administration.

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Discrimination in clubs and club membershipDiscrimination by clubs and club members is unlawful under Victorian Equal Opportunity law.A club is defined as a social, recreational, sporting or community service club, or a community service organisation, that:•occupies crown land, or •directly or indirectly receives any financial assistance from the state or local government.

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Exceptions

There are a number of exceptions under the law that do allow discrimination in specific circumstances for practical and commonsense reasons such as to ensure competitive standards or to take account of genuine sex, gender or age-based differences in strength, stamina and physique.

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Exemptions to the EOAUpon application VCAT may grant an exemption from any of the provisions of the Act to a person or class of people or activity or class of activity …..where the exemption might promote the objectives of the Act or is consistent with the spirit of the Act.

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Reasonable alteration/variationA club or sporting competition is required to make reasonable alteration or variation to enable equal participation in the club or sporting competition by people with protected attributes. eg:

•Facilities and equipment which allow access for people with disabilities

•Respecting the religious beliefs of participants

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Sexual Harassment is:

•an unwelcome sexual advance•an unwelcome request for sexual favours, or•any other unwelcome conduct of a sexual naturein circumstances in which a reasonable person having regard to all the circumstances would have anticipated that the other person would be offended, humiliated or intimidated.

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Racial and Religious Vilification

People must not engage in conduct that incites hatred, revulsion or serious ridicule of, or serious contempt for other people’s racial or religious backgrounds.

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Who is responsible if an EO complaint is lodged?•Individuals

•Their employers•Anyone else who may

have authorised or assisted the behaviour.

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Vicarious LiabilityIf a person in the course of employment, or while acting as an agent, engages in discriminatory conduct, sexual harassment or vilification, then both the person and their employer are liable and a complaint may be lodged against either or both of them.

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Reasonable PrecautionsIn order to avoid liability, employers must take reasonable precautions to prevent employees or agents from discriminating against, sexually harassing or vilifying others.

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Reasonable PrecautionsAre strategies in place to ensure your sporting organisation is safe and fair and therefore free of discrimination, harassment and vilification?

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Harassment-free Sport Strategy

• Ethos and culture• Policies and procedures

• Communication and Education

• Designated roles and responsibilities

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Prohibited to authorise or assist discriminationA person must not request, instruct, induce, encourage, authorise or assist another person to discriminate, sexually harass or vilify.To comply with such a request could result in a complaint being lodged against both parties.

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For more information:www.playbytherules.net.auwww.sport.vic.gov.auwww.ausport.gov.au

Equal Opportunity Commission Victoria

Level 3, 380 Lonsdale Street, MelbourneInquiry Line: 9281 7100Country Callers: 1800 134 142

www.eoc.vic.gov.auAuthorised by Equal Opportunity Commission Victoria, 380 Lonsdale Street,

MelbournePrinted by Equal Opportunity Commission Victoria, 380 Lonsdale Street, Melbourne