National Integrity Framework - Prohibited Conduct

• Failing to report any Prohibited Conduct under the Framework or one of its policies.
• Deliberately or willfully withholding information in relation to any possible Prohibited Conduct.
• Failing to provide further information or documentation as requested as part of a Complaint Process under the Framework, including a failure to fully and in good faith participate in an interview.
• Knowingly provide any inaccurate and/or misleading information during any investigation or proceedings under the Framework.
• Failing to comply with or enforce Disciplinary Measures imposed under the Complaints, Disputes and Discipline Policy.

• Child abuse—includes physical abuse, emotional or psychological abuse, sexual abuse, neglect, exposure to family violence.
• Grooming—refers to the process by which an adult establishes a trusting relationship with a child and those associated with the child’s care and wellbeing, to create an environment in which abuse can occur.
• Misconduct with a child—means any behaviour involving a child that is objectively age inappropriate and/or places the child at risk of harm.
• Requesting a child keep any communication secret from their parents or guardian.
• Supplying alcohol or drugs to a child.
• Supplying medicines to a child except with the consent of the parent or guardian, under a valid prescription and at the prescribed dosage.
• Failing to comply with the child safe practices and recruitment and screening requirements, as outlined in the policy (see Annexure B and C of the Child Safeguarding Policy).
• Failing to report any concerns or allegations of Prohibited Conduct, including failure to comply with mandatory reporting requirements.
• Committing any act that would constitute Prohibited Conduct under the Member Protection Policy.

Abuse

Abuse is any type of behaviour that has caused, is causing or is likely to cause harm to a person’s wellbeing.

Abuse must be behaviour of a nature and level of seriousness which includes, but is not limited to:

• physical abuse and assault including hitting, slapping, punching, kicking, destroying property, sleep, and food deprivation, forced feeding, unreasonable physical restraint, spitting at another person or biting
• sexual abuse including rape and assault, using sexually degrading insults, forced sex or sexual acts, deliberately causing pain during sex, unwanted touching or exposure to pornography,  sexual jokes, using sex to coerce compliance
• emotional abuse such as repeated and intentional embarrassment in public, preventing or excluding someone from participating in sport activities, stalking, humiliation, or intimidation 
• verbal abuse such as repeated or severe insults, name calling, criticism, swearing and humiliation, attacks on someone’s intelligence, body shaming, or aggressive yelling
• financial abuse such as restricting access to bank accounts, taking control of finances and money, forbidding someone from working, taking someone’s pay and not allowing them to  access it
• neglect of a person’s needs.

Bullying

Bullying is the intentional and repeated use of words, actions or the inappropriate use of power by a person or a group of people against another person or a group of people to cause  distress and risk to their wellbeing.

Bullying must be behaviour of a nature and level of seriousness which includes, but is not limited to, repeatedly:

• keeping someone out of a group (online or offline)
• acting in an unpleasant way near or towards someone
• giving nasty looks, making rude gestures, calling names, being rude and impolite, constantly negative and teasing
• spreading rumours or lies, or misrepresenting someone (i.e. using their social media account to post messages as if it were them)
• ‘fooling around’, ‘messing about’ or other random or supposedly playful conduct that goes too far
• harassing someone based on their race, sex, religion, gender, or a disability
• intentionally and repeatedly hurting someone physically
• intentionally stalking someone, and
• taking advantage of any power over someone else,

but does not include legitimate and reasonable:

• management action
• management processes
• disciplinary action, or
• allocation of activities in compliance with agreed systems.

Harassment

Harassment is any type of behaviour towards a person that they do not want and that is offensive, abusive, belittling or threatening and is reasonably likely to cause harm to the person  being harassed.

Harassment must be behaviour of a nature and level of seriousness which includes, but is not limited to:

• telling insulting jokes about racial groups
• sending explicit or sexually suggestive emails or text messages
• displaying racially offensive or pornographic images or screen savers
• making derogatory comments or taunts about someone’s race
• asking intrusive questions about someone’s personal life, including their sex life
• sexual harassment or any of the above conduct in the workplace by employers, co-workers, and other workplace participants
• any of the above conduct in the workplace, based on or linked to a person’s disability or the disability of an associate, and
• offensive behaviour based on race or racial hatred, such as something done in public that offends, insults, or humiliates a person or group of people because of their race, colour or  nationality or ethnicity.

Sexual Misconduct

Sexual misconduct includes:

Sexual Harassment – Any unwanted or unwelcome sexual behaviour where the person being harassed may feel offended, humiliated or intimidated.

This includes behaviour such as, but not limited to:

• unwelcome touching
• staring or leering
• suggestive comments or jokes
• showing or sharing sexually explicit images or pictures
• unwanted invitations to go out on dates
• requests for sex
• intrusive questions about a person’s private life or body
• unnecessary familiarity, such as deliberately brushing up against a person
• insults or taunts based on sex
• sexually explicit physical contact
• sending sexually explicit or suggestive emails, texts, or other electronic/social media messages
• displaying pornographic images or screen savers
• asking intrusive questions about someone’s personal life, including about their sex life.

Sexual Offences – Any criminal offence involving sexual activity or actions of indecency.

This includes behaviour such as, but not limited to: rape, indecent or sexual assault, sexual penetration, or relationship with a child under the age of 16 and possession of child pornography.

Unlawful Discrimination

Unlawful Discrimination includes:

• Direct discrimination – when a person or group of people is treated unfairly because of a personal characteristic; and
• Indirect discrimination – when an unreasonable rule or policy applies to everyone but disadvantages some people because of a personal characteristic they share. This includes unfair treatment based on a person’s:
  • age
  • disability
  • race, colour, nationality, ethnicity, or migrant status
  • sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, and
  • sexual orientation, gender identity or intersex status.

Victimisation

Victimisation is subjecting a person, or threatening to subject a person, to any unfair treatment because the person has made, or intends to make a complaint or lawful disclosure, or support another person to do so.

Victimisation is behaviour including, but not limited to:

• dismissal of an employee/volunteer or disadvantage to their employment/involvement in sport
• alteration of an employee’s position or duties to their disadvantage
• discrimination between an employee and other employees
• repeated failure to select an individual on merit
• a reduction in future contract value, and
• removal of coaching and other financial and non-financial support.

Vilification

Vilification is a public act, conduct or behaviour that incites hatered, serious contempt or severe ridicule of a person or group of people because of a particular charactersitic they hold,  including, but not limited to race, religion, gender identity or sexual orientation.

Vilification is behaviour including, but not limited to:

• speaking about a person’s race, religion, gender identity or sexual orientation in a way that could make other people dislike, hate, or ridicule them
• publishing claims that a racial or religious group, or group of people with the same gender identity or sexual orientation is involved in serious crimes without any evidence in support
• repeated and serious verbal or physical abuse about the race, religion, gender identity or sexual orientation of another person
• encouraging violence against people who belong to a particular race, religion, gender identity or sexual orientation or damaging their property, and
• encouraging people to hate a racial or religious group, or group of people with the same gender identity or sexual orientation, using flyers, stickers, posters, a speech, or publication, or  using websites or email.

• Improperly altering the result or the course of an Activity (Competition) in order to remove all or part of the unpredictable nature of the Activity to obtain a benefit for themselves or  others. This could be by:
  • Direct, pre-meditated or planned interference with the natural course of an Activity or element of an Activity.
  • Modifying playing surfaces, equipment or athlete’s physiology.
  • Providing modified or false information related to an athlete’s identity or personal information.
• Betting, or entering any other form of financial speculation on an Activity.
• Disclosure of Inside Information.
• Facilitate, assist, aid, abet, encourage, induce, cover-up or be complicit in any Prohibited Conduct.
• Failure to comply with reporting and disclosure obligations under the policy.

• A criminal conviction relating to or involving an illegal drug.
• Use of prescription or over the counter medication in an unlawful manner.
• Unauthorised injection or possession of hypodermic needles or other injection equipment.
• Supplying or providing non-compliant supplements to a relevant athlete, as defined under the policy.
• Facilitating, assisting, aiding, abetting, encouraging, inducing, covering-up or being complicit in any Prohibited Conduct.
• Failing to comply with reporting obligations under the policy.