Child safety is our number one priority at the NBA Basketball School Australia, and we are committed to the safety, participation and empowerment of all children.

In the policy:

“NBA” means the National Basketball Association, a professional basketball league in North America.

“NBAP” means NBA Properties Inc, the company associated with the NBA, which controls the merchandising and marketing and licensing of all 30 NBA teams and affiliated entities.

“NBSA” means the NBA Basketball School Australia, a tuition-based basketball development program operated by Basketball Magic Pty Ltd under a licence from NBAP.

This communication provides information on the policies and procedures the NBSA has in place to help protect the safety of children and ensure it complies with laws and regulations.

Everyone participating in NBSA’s activities is entitled to do so in an enjoyable and safe environment.  NBSA has a moral and legal obligation to ensure that, when given responsibility for young people, coaches, officials, volunteers, staff members and parents, we provide them with the highest possible standard of care.

Following is a description of the policies, procedures and system used to ensure our obligations are met.

Child Protection Policy and Procedure

The aim of the NBSA’s Child Protection Policy [this will be a link to the policy document] is to promote good practice, provide children and young people with appropriate safety and protection whilst in the care of NBSA, and to allow staff and volunteers to make informed and confident responses to specific child protection issues.

Our Child Protection Procedure [this will be a link to the policy document] sets out:

• The NBSA’s commitment to child protection;
• The screening process for people in NBSA who work, coach, supervise or have regular unsupervised contact with people under the age of 18 years;
• What constitutes good and poor practice when dealing with minors; and
• How to effectively respond to incidents of abuse.

Working with Children Check and Member Protection Declaration 

All adult coaches, team managers, officials and other volunteers of the NBSA, working with anyone under the age of 18, is required to provide a current Working with Children Check (WWCC) and Member Protection statutory declaration.  

Play by the Rules Training Courses

The NBSA has also introduced a requirement that all coaches, team managers and officials complete two (2) online training courses:

• Play by the Rules – Child Protection Course
• Play by the Rules – Harassment and Discrimination Course

These courses will take approximately 15 minutes each to complete and we highly recommend taking these.  While it is mandatory for coaches, team managers and officials, the courses are available to anyone who would like to complete the training.

Codes of Conduct

The NBSA shall abide by all of the Codes of Conduct of Affiliated Members of Basketball Australia, which set out the expectations of all who participate in basketball – administrators, coaches, officials, parents, players and spectators.  Breaches to the Codes of Conduct may result in disciplinary action.

 

CHILD PROTECTION POLICY

Statement of Commitment to Child Protection  

•     NBA Basketball School Australia (NBSA) is committed to child safety. 
•     We want children to be safe, happy and empowered. We support and respect all children, as well as our staff and volunteers. 
•     We are committed to the safety, participation and empowerment of all children. 
•     We have zero tolerance of child abuse, and all allegations and safety concerns will be treated very seriously and consistently with our robust policies and procedures. 
•     We have legal and moral obligations to contact authorities when we are worried about a child’s safety, which we follow rigorously. 
•     Our association is committed to preventing child abuse and identifying risks early, and removing and reducing these risks. 
•     Our association has robust human resources and recruitment practices for all staff and volunteers. 
•     Our association is committed to regularly training and educating our staff and volunteers on child abuse risks. We are committed to the cultural safety of Aboriginal children, the cultural safety of children from culturally and/or linguistically diverse backgrounds, and to providing a safe environment for children with a disability. We have specific policies, procedures and training in place that support our leadership team, staff and volunteers to achieve these commitments. 

Our Children  

This policy is intended to empower children who are vital and active participants in our association. We involve them when making decisions, especially about matters that directly affect them. We listen to their views and respect what they have to say. 

We promote diversity and tolerance in our association, and people from all walks of life and cultural backgrounds are welcome. In particular, we: 

•     promote the cultural safety, participation and empowerment of Aboriginal children 
•     promote the cultural safety, participation and empowerment of children from culturally and/or linguistically diverse backgrounds 
•     ensure that children with a disability are safe and can participate equally. 

Child Protection Policy  

1.   Introduction 

Everyone participating in NBSA’s activities is entitled to do so in an enjoyable and safe environment.  NBSA has a moral and legal obligation to ensure that, when given responsibility for young people, coaches, officials, volunteers, staff members, and parents, provide them with the highest possible standard of care. 

NBSA is committed to devising and implementing policies so that everyone in sport accepts their responsibilities to safeguard children from harm and abuse. This means to follow procedures to protect children and report any concerns about their welfare to appropriate authorities. 

The aim of the policy is to promote good practice, provide children and young people with appropriate safety/protection whilst in the care of NBSA and to allow staff and volunteers to make informed and confident responses to specific child protection issues. 

Who is a ‘Child’?  

The words ‘child’ and ‘children’ in this guide refer to children and young people up to the age of 18 years. 

The term ‘child’ in this guide is inclusive of anyone under 18 years of age. Not utilising the term ‘young people’ is not intended to diminish any emphasis on, or acknowledgement of, the safety risks to older children or teenagers. 

2.     Policy Statement 

The NBSA is committed to the following: 

• the welfare of the child is paramount and our first priority;
• all children, whatever their age, culture, ability, gender, language, racial origin, religious belief and/or sexual identity should be able to participate in basketball in a fun and safe environment; 
• taking all reasonable steps to protect children from harm, discrimination and degrading treatment and to respect their rights, wishes and feelings; 
• all suspicions and allegations of poor practice or abuse will be taken seriously and responded to swiftly and appropriately; 
• all NBSA employees who work with children will be recruited with regard to their suitability for that responsibility, and will be provided with guidance and/or training in good practice and child protection procedures; and
• working in partnership with parents and children is essential for the protection of children. 

3.     Promoting Good Practice 

To provide children with the best possible experience and opportunities in basketball, everyone must operate within an accepted ethical framework. 

It is not always easy to distinguish poor practice from abuse. It is, therefore, NOT the responsibility of employees or participants in basketball to make judgements about whether or not abuse is taking place. It is, however, their responsibility to identify poor practices and possible abuse and act if they have concerns about the welfare of the child. 

4.     Children’s Rights to Safety and Participation 

The NBSA is committed to the safety and well-being of all children accessing and using our service. We support the rights of the child and will act without hesitation to ensure a child-safe environment is maintained at all times. 

The NBSA also promotes the involvement and participation of children and young people in developing and maintaining child-safe environments. 

We involve them when making decisions, especially about matters that directly affect them. We listen to their views and respect what they have to say. 

We promote diversity and tolerance in our association, and people from all walks of life and cultural backgrounds are welcome. In particular, we: 

•     promote the cultural safety, participation and empowerment of Aboriginal children 
•     promote the cultural safety, participation and empowerment of children from culturally and/or linguistically diverse backgrounds 
•     ensure that children with a disability are safe and can participate equally. 

5.     Identify and Analyse Risk of Harm 

The NBSA will develop and implement a risk management strategy, which includes a review of existing child protection practices, to determine how child-safe and child-friendly the organisation is and to determine what additional strategies are required to minimise and prevent the risk of harm to children because of the action of an employee, volunteer, official, parent, player or another person.

6.     Ensure that Adults and Children Adhere to the Codes of Conduct 

The NBSA will ensure that all adults are aware of and adhere to the NBSA’s Code of Conduct which specifies standards of conduct and care when dealing and interacting with children, particularly those in the organisation’s care. 

All staff and volunteers, as well as children and their families, are given the opportunity to contribute to the development of NBSA’s Code of Conduct.

7.     Training and Supervision 

Training and education is important to ensure that everyone in the NBSA understands that child safety is everyone’s responsibility. 

The NBSA’s culture aims for all staff and volunteers (in addition to parents/carers and children) to feel confident and comfortable in discussing any allegations of child abuse or child safety concerns. We train our staff and volunteers to identify, assess, and minimise risks of child abuse and to detect potential signs of child abuse. 

We also support our staff and volunteers through ongoing supervision to develop their skills to protect children from abuse; and promote the cultural safety of Aboriginal children, the cultural safety of children from linguistically and/or diverse backgrounds, and the safety of children with a disability. 

New employees and volunteers will be supervised regularly to ensure they understand our association’s commitment to child safety and that everyone has a role to play in protecting children from abuse, as well as checking that their behaviour towards children is safe and appropriate (please refer to the association’s code of conduct to understand appropriate behaviour further). Any inappropriate behaviour will be reported through appropriate channels, including relevant government departments and Police departments, depending on the severity and urgency of the matter. 

8.     NBSA Welfare Officer 

It is not the responsibility of anyone working for the NBSA in a paid or unpaid capacity to decide whether or not child abuse has taken place. However, there is a responsibility to act on any concerns through contact with the appropriate authorities so that they can then make inquiries and take necessary action to protect the young person. This applies both to allegations/suspicions of abuse occurring within our organisation’s activities and to allegations/suspicions that abuse is taking place elsewhere. 

The NBSA will ensure that an NBSA Welfare Officer is appointed to look over matters concerning child safety and abuse. We expect our members and staff to discuss any concerns that they may have about the welfare of a child IMMEDIATELY with NBSA’s Welfare Officer, who will ensure that the concerns/incident reported to them remain confidential and that the identity of the person reporting the concern/incident is not revealed. 

The NBSA’s Welfare Officer will be required to report all the incidents noted by him to the Managing Director, who will then ascertain whether or not the person/s involved in the incident play a role in the organisation and act accordingly. 

9.     Screening and Recruitment 

The NBSA ensures that all reasonable steps are taken in order to engage the most suitable and appropriate people to work with children. This is achieved using a range of screening measures. Such measures help us minimise the likelihood of engaging (or retaining) people who are unsuitable to work with children. 

We develop selection criteria and advertisements that which clearly demonstrate our commitment to child safety and an awareness of our social and legislative responsibilities. Our organisation understands that when recruiting staff and volunteers, we have ethical as well as legislative obligations. 

We actively encourage applications from Aboriginal peoples, people from culturally and/or linguistically diverse backgrounds and people with a disability. 

All people engaged in child-related work, including volunteers, are required to hold a Working with Children Check and to provide evidence of this Check. 

10.   Interview, Induction and Training for Personnel  Interview and Induction 

All employees and volunteers will be required to undertake an interview carried out to acceptable protocol and recommendations. This is to establish character and ensure alignment with the NBSA’s Vision, Mission and Values.  All employees and volunteers will receive formal or informal induction during which: 

•       A check will be made that the application form has been completed in full, including sections on criminal records and self-disclosures 
•       Their qualifications will be substantiated 
•       The job requirements and responsibilities will be clarified 
•       They will sign up to NBSA’s Code of Conduct 
•       Child Protection Procedures will be explained, and training needs will be identified, e.g. basic child protection awareness. 

11. Training 

In addition to pre-selection checks, the safeguarding process includes training after recruitment to help staff and volunteers to: 

•     Analyse their own practice against what is deemed good practice, and to ensure their practice is likely to protect them from false allegations 
•     Recognise their responsibilities and report any concerns about suspected poor practice and/or abuse 
•     Respond to concerns expressed by a child Work safely and effectively with children. 

12. Fair and just procedures for personnel  

The safety and well-being of children are our primary concern. We are also fair and just to personnel. The decisions we make when recruiting, assessing incidents, and undertaking disciplinary action will always be thorough, transparent, and based on evidence. 

We record all allegations of abuse and safety concerns, including investigation updates. All records are securely stored. 

If an allegation of abuse or a safety concern is raised, we provide updates to children and families on progress and any actions we as an organisation take. 

13.   Privacy  

All personal information considered or recorded will respect the privacy of the individuals involved, whether they be staff, volunteers, officials, parents or children, unless there is a risk to someone’s safety. We have safeguards and practices in place to ensure any personal information is protected.

Everyone is entitled to know how this information is recorded, what will be done with it, and who will have access to it. 

14.   Legislative Responsibilities  

NBSA takes its legal responsibilities seriously, including: 

• Failure to disclose: Reporting child sexual abuse is a community-wide responsibility. All adults throughout Australia who have a reasonable belief that an adult has committed a sexual offence against a child under 16 have an obligation to report that information to the police.
• Failure to protect: People of authority in our organisation will commit an offence if they know of a substantial risk of child sexual abuse and have the power or responsibility to reduce or remove the risk, but negligently fail to do so.
• Any personnel who are mandatory reporters must comply with their duties.

15.   Risk Management  

In addition to general occupational health and safety risks, we proactively manage risks of abuse to our children. 

16.   Regular Review  

This policy will be reviewed every two years and following significant incidents if they occur. We will ensure that families and children have the opportunity to contribute. Where possible, we do our best to work with local Aboriginal communities, culturally and/or linguistically diverse communities and people with a disability. 

17.   Allegations, Concerns and Complaints  

Our association takes all allegations seriously and has practices in place to investigate thoroughly and quickly. Our staff and volunteers are trained to deal appropriately with allegations. 

We work to ensure all children, families, staff and volunteers know what to do and who to tell if they observe abuse or are a victim and if they notice inappropriate behaviour. 

We all have a responsibility to report an allegation of abuse if we have a reasonable belief that an incident took place (see information about failure to disclose above). 

If an adult has a reasonable belief that an incident has occurred, then they must report the incident. Factors contributing to reasonable belief may be: 

•     a child states they or someone they know has been abused (noting that sometimes the child may, in fact, be referring to themselves); 
•     behaviour consistent with that of an abuse victim is observed; 
•     someone else has raised a suspicion of abuse but is unwilling to report it;
•     observing suspicious behaviour. 

 

CHILD PROTECTION PROCEDURE 

This policy sets out the NBSA’s commitment to child protection, the screening process for people in our association who work, coach, and supervise or have regular unsupervised contact with people under the age of 18 years, what constitutes good and poor practice when dealing with minors, and how to effectively respond to incidents of abuse.

The NBSA will:

1. Identify positions that involve working, coaching, supervising or regular unsupervised contact with people under the age of 18 years. 
2. Obtain a completed Member Protection Declaration (MPD) from all people who are identified in the above step and keep it in a secure place.
3. Provide an opportunity for a person to give an explanation if a MPD isn’t provided or it reveals that the person doesn’t satisfactorily meet any of the clauses in the MPD. We will then make an assessment as to whether the person may be unsuitable to work with people under the age of 18 years. If unsatisfied, we will not appoint them to the role/position.
4. Where possible, check a person’s referees (verbal or written) about his/her suitability for the role.
5. Make sure that the person being interviewed/screened has a valid Working with Children Check issued by the relevant State government.
6. Ask the people identified in step 1 to sign a consent form for a national police check.
7. Possibly request (or ask the person to request) a national ‘Part Exclusion’ police check from our relevant police jurisdiction. This check excludes irrelevant records. If the police check indicates a relevant offence, we will provide an opportunity for the person to give an explanation, and then we will make an assessment as to whether the person may pose a risk to or be unsuitable to work with people under the age of 18 years. If unsatisfied, we will not appoint them to the role/position.
8. Make an assessment as to whether the person may be unsuitable to work with people under the age of 18 years if the person does not agree to a national police check after explaining why it is a requirement under our policy. If unsatisfied, we will not appoint them.
9. Decide whether to offer the person the position taking into account the result of the police check and any other information the club has available to it. Where it is not practical to complete the police check before the person commencing in the position, we will complete the check as soon as possible and, if necessary, act immediately on the outcome.
10. Protect the privacy of any person who is checked and maintain the confidentiality of any information obtained through the checking process.
11. Return information collected during screening (such as a completed MPD form, police records and referee reports) to the relevant person if that person is not appointed to the position or otherwise be destroyed within 28 days of the date of the decision or the expiry of any appeal period unless within that time the person requests that the documents be returned to them. Information will be kept on file in a secure location for appointed persons.

The NBSA has a duty of care to all those associated with it. As a requirement, the NBSA must enquire into the background of those who undertake any work, coaching or regular unsupervised contact with people under the age of 18 years.

PROMOTING GOOD PRACTICE

This attachment will help you identify what is meant by good practice and poor practice.

Good Practice

All personnel should adhere to the following principles and actions: 

1. always work in an open environment (e.g. avoiding private or unobserved situations and encouraging open communication with no secrets) 
2. make the experience of basketball fun and enjoyable: promote fairness, confront and deal with bullying 
3. treat all young people, including Aboriginal children, children from culturally and/or linguistically diverse backgrounds and children with a disability equally and with respect and dignity 
4. always put the welfare of the young person first, before winning 
5. maintain a safe and appropriate distance from players (e.g. it is not appropriate for staff or volunteers to have an intimate relationship with a child or to share a room with them) 
6. Avoid unnecessary physical contact with young people. Where any form of manual/physical support is required, it should be provided openly and with the consent of the young person. Physical contact can be appropriate so long as it is neither intrusive nor disturbing and the young person’s consent has been given 
7. Involve parents/carers wherever possible, e.g. where young people need to be supervised in changing rooms, encourage parents to take responsibility for their own child. If groups have to, be supervised in changing rooms, always ensure parents, coaches, etc., work in pairs 
8. request written parental consent if club officials are required to transport young people in their cars 
9. gain written parental consent for any significant travel arrangements, e.g. overnight stays 
10. ensure that if mixed teams are taken away, they should always be accompanied by a male and female member of staff 
11. ensure that at away events, adults should not enter a young person’s room or invite young people to their rooms 
12. be an excellent role model; this includes not smoking or drinking alcohol in the company of young people 
13. always give enthusiastic and constructive feedback rather than negative criticism 
14. recognising the developmental needs and capacity of the young person and do not risk sacrificing welfare in a desire for club or personal achievements. This means avoiding excessive training or competition and not pushing them against their will 
15. secure written parental consent for the club to act in loco parentis, to give permission for the administration of emergency first aid or other medical treatment if the need arises
16. keep a written record of any injury that occurs, along with details of any treatment given

Poor Practice

The following are regarded as poor practice and should be avoided by all personnel:

1. unnecessarily spending excessive amounts of time alone with young people away from others 
2. taking young people alone in a car on journeys, however short 
3. taking young people to your home where they will be alone with you 
4. sharing a room with a young person 
5. engaging in rough, physical or sexually provocative games, including horseplay 
6. allowing or engaging in inappropriate touching of any form 
7. allowing young people to use inappropriate language unchallenged 
8. making sexually suggestive comments to a young person, even in fun 
9. reducing a young person to tears as a form of control 
10. allowing allegations made by a young person to go unchallenged, unrecorded or not acted upon 
11. doing things of a personal nature that the young person can do for themselves. 

When a case arises where it is impractical/impossible to avoid a particular situation e.g. transporting a young person in your car, the tasks should only be carried out with the complete understanding and consent of the parent/care and the young person involved. 

If during your care, you accidentally hurt a young person, the young person seems distressed in any manner, appears to be sexually aroused by your actions and/or if the young person misunderstands or misinterprets something you have done, report any such incidents as soon as possible to another colleague and make a written note of it. Parents should also be informed of the incident.

PROCEDURES FOR RESPONDING TO SUSPICIONS AND ALLEGATIONS

It is not the responsibility of anyone working for the NBSA in a paid or unpaid capacity to decide whether or not child abuse has taken place. However, there is a responsibility to act on any concerns through contact with the appropriate authorities so that they can make inquiries and take necessary action to protect the young person. This applies BOTH to allegations/suspicions of abuse occurring within NBSA’s activities and to allegations/suspicions that abuse is taking place elsewhere.

This attachment explains how to respond to allegations/suspicions. 

Receiving Evidence of Possible Abuse  

•   stay calm so as not to frighten the young person. 
•   reassure the child that he/she is not to blame and that it was right to tell. 
•   listen to the child, showing that you are taking him/her seriously. 
•   keep questions to a minimum so that there is a clear and accurate understanding of what has been said. The law is very strict, and child abuse cases have been dismissed where it is felt that the child has been led or words and ideas have been suggested during questioning. Only ask questions to clarify. 
•   inform the child that you have to inform other people about what he/she has told you. 

We may become aware of possible abuse in various ways. We may see it happening, we may suspect it is happening because of signs such as those listed above or it may be reported to us by someone else or directly by the young person affected. 

In the last of these cases, it is particularly important to respond appropriately. If a young person says or indicates that they are being abused, you should: 

• safety of the child is paramount. If the child needs urgent medical attention, call an ambulance, inform the doctors of the concern and ensure they are made aware that this is a child protection issue. 
• record all information. 
• report the incident to the organisation/association/welfare officer.

Recording Information

To ensure that information is as helpful as possible, a detailed record should always be made at the time of the disclosure/concern. In recording, you should confine yourself to the facts and distinguish what is your personal knowledge and what others have told you. Do not include your own opinions. 

Information should include the following:

• the child’s name, age and date of birth 
• the child’s home address and telephone number 
• whether or not the person making the report is expressing their concern or someone else’s 
• the nature of the allegation, including dates, times and any other relevant information 
• a description of any visible bruising or injury, location, size etc. Also, any indirect signs, such as behavioural changes 
• details of witnesses to the incidents 
• the child’s account, if it can be given, of what has happened and how any bruising/injuries occurred 
• have the parents been contacted? If so what has been said? 
• has anyone else been consulted?

If so record details 

• has anyone been alleged to be the abuser? Record details 

REPORTING A CONCERN  

All suspicions and allegations MUST be reported appropriately. It is recognised that strong emotions can be aroused, particularly in cases where sexual abuse is suspected or where there is misplaced loyalty to a colleague. It is important to understand these feelings but not allow them to interfere with your judgement about any action to take. 

The NBSA expects its directors, employees and consultants to discuss any concerns they may have about the welfare of a child IMMEDIATELY with the person in charge and subsequently to check that appropriate action has been taken. 

If the NBSA’s Welfare Officer is not available, you should take responsibility and seek advice from the duty officer at your local social services department or the police. Telephone numbers can be found in your local directory.

Where there is a complaint against an employee or volunteer, there may be three types of investigation. 

1. Criminal in which case the police are immediately involved 
2. Child Protection in which case the social services (and possibly) the police will be involved 
3. Disciplinary or Misconduct in which case Basketball Victoria will be involved 

As mentioned previously in this document, the NBSA’s employees and volunteers are not child protection experts and it is not their responsibility to determine whether or not abuse has taken place. All suspicions and allegations must be shared with professional agencies that are responsible for child protection. 

Social services have a legal responsibility to investigate all child protection referrals by talking to the child and family (where appropriate), gathering information from other people who know the child and making inquiries jointly with the police. 

NB: If there is any doubt, you must report the incident: it may be just one of a series of other incidences which together cause concern  

Any suspicion that a child has been abused by an employee or a volunteer should be reported to the association who will take appropriate steps to ensure the safety of the child in question and any other child who may be at risk. This will include the following: 

•   we will refer the matter to social services department and/or police
•   the parent/carer of the child will be contacted as soon as possible following advice from the social services department 
•   the Managing Director of NBSA will be notified to decide who will deal with any media inquiries and implement any immediate disciplinary proceedings 
•   if the NBSA Welfare Officer is the subject of the suspicion/allegation, the report will be made to the appropriate manager who will refer the matter to social services 

Allegations of abuse are sometimes made sometime after the event. Where such an allegation is made, you should follow the same procedures and have the matter reported to social services and/or the police. This is because other children in the sport or outside it may be at risk from the alleged abuser. Anyone who has a previous conviction for offences related to abuse against children is automatically excluded from working with children. 

Concerns outside the Immediate Sporting Environment (e.g. parent or carer)  

• Report your concerns to the NBSA Welfare Officer. 
• If the NBSA Welfare Officer is not available, the person being told or discovering the abuse should contact their local social services department or the police immediately. 
• Social Services and the Welfare Officer will decide how to inform the parents/carers. 
• The welfare officer should also report the incident to the Managing Director of the NBSA. He or she will ascertain whether or not the person/s involved in the incident plays a role in the association and act accordingly. 
• Maintain confidentiality on a need-to-know basis.