Introduction

Equal opportunity and anti-discrimination laws help ensure that:

• you are treated fairly, whether you are a player, participant, paid employee or volunteer of the club - for example, a coach, team manager, official, trainer or committee member.
• you make decisions and treat others in a fair and non-discriminatory way.

Child protection laws help ensure that children are safe and protected from harm.

You may have children in your team, or come into contact with them through social and other activities in your club.

If you have a concern about a child, you have an ethical responsibility - and in most States/Territories a legal responsibility - to report child abuse to the appropriate child protection authorities.

All States/Territories have requirements regarding mandated reporting of child abuse. From 2005 in New South Wales, Queensland, Northern Territory, Tasmania and South Australia - and from 2006 in Victoria and Western Australia - this applies to people working in sport and recreation.  Check with your club.

How equal opportunity and anti-discrimination law affects you and your club

Equal opportunity laws affect clubs and associations:

• as employers
• as providers of goods and services
• in terms of membership rights and conditions.

Some States and Territories have Acts that specifically cover sport - for example, Victoria and Tasmania.

Employment

Some equal opportunity laws include volunteers in its definition of employees.

In other words, if you are a volunteer, you may be considered an employee.

As an employee you are entitled to participate in the activities of the club free from unlawful discrimination and harassment. You also have the responsibility to behave in a non-discriminatory way towards other employees and members of your club.

Example: A female coach of a women's softball team is dismissed when the club decides they need a male ex-baseball player as a coach, to "toughen the team up".

As an employee, both you and your club can be held liable for your actions.

Goods and Services

The club provides goods and services to its members - for example, access to playing fields, bar facilities, etc. As a member, you have the right to receive those goods and services free from unlawful discrimination and harassment.

Example: In a rowing club with both male and female members, the men always get the best boats and other equipment.

Membership

Equal opportunity laws apply to membership of clubs, and the benefits given to members of different categories.

Example: A bowling club admits both male and female members. However, it only allows male members to become full members with full access to facilities, while women can only be associate members with restricted access.

Clubs that admit men and women as members should be careful to select members fairly and that members have access to the full range of benefits regardless of their gender.

Clubs can offer different membership categories that provide different benefits, but these categories should be open to both women and men.

Where to next>> Examples of discrimination