Our State association conducts Working With Children Checks on people in our sport who have (or will have) direct and unsupervised contact with children and adolescents, as per our sports 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?

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.

Our organisation  is considering implementing a policy that requires coaches who work with children under the age of 18 to undergo a screening process, which includes a police check. What happens if a coach applying for a position, or an existing coach, refuses to consent?

Your sport organisation is entitled to enforce its policy requirements that coaches consent to a police check, as long as the policy is applied consistently and fairly - for example, all existing coaches in child-related roles should be asked to consent.

Coaches who do not want to undergo a check would not be employed in a child-related role. However, they may be able to be employed in a role that does not involve children.

What should a member of staff or a volunteer do if they think a child in their sporting organisation has been abused?

The member of staff or volunteer should follow the guidelines contained within the sport's member protection policy. They should inform the club's member protection information officer who should contact the local child protection authority or police immediately.

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 complaint. What should I do?

The member of staff or volunteer should follow the guidelines contained within the sport's member protection policy and report the matter.

Adapted from the Australian Sports Commission - www.ausport.gov.au/ethics/hfsfaq.asp#association

Can we sack a volunteer who has behaved inappropriately?

Yes. However, it is important that clubs make sure that volunteers are aware of their roles and responsibilities, including codes of conduct. 

Reasons for dismissal should not be based on irrelevant personal characteristics covered by anti-discrimination legislation, such as age, gender, sexuality and so on). Volunteer roles should have job descriptions that clearly define tasks, boundaries of work, supervision roles, codes of behaviour and grievance processes.

What if I'm concerned about a coach's behaviour but all the other parents think he/she is great?

Check your sporting organisation's Code of Conduct to find out what is acceptable behaviour. If you feel the coach is in breach of the Code of Conduct, this should be reported to the relevant contact person within your sport and be dealt with according to your sporting organisation's policies and procedures.

Our club wanted to employ a new official. One shortlisted applicant refused a police check. What should we do?

The club or organised group needs to ensure that the Constitution and by-laws cover matters regarding employment or volunteer involvement very clearly, and that they include all requirements such as police checks.

If someone refuses to have a police check, you can reassure them that it will only reveal matters relevant to child protection and more serious issues, not minor issues. The information revealed will be kept confidential, to the person checking and a select club group involved in the recruitment. If they still refuse, then perhaps they are not able to take part in the club's coaching or formal activities except as a member or participant.

What if the criminal charge is substantiated?

The club needs to check the Constitution, policies and by-laws, as well as the employment policy or Member Protection Policy. It should be clear about which screening must occur and the action to be taken if a police check returns positive results. The behaviours of concern should be understood and listed, so that those involved in recruiting know how to proceed. It should also be clear about the action to be taken, such as not using the person or dismissing them if already employed.