Schedule 1 – Minimum standards of behaviour in sport and recreation
Schedule 1 – Minimum standards of behaviour in sport and recreation
Schedule 1 – Minimum standards of behaviour in sport and recreation
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Overview
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Prohibition of bullying, violence, abuse, intimidation and harassment in sport and recreation
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Prohibition of child abuse, child sexual abuse and child neglect in sport and recreation
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Prohibition of sexually harmful behaviour in sport and recreation
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Prohibition of discrimination in sport and recreation
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Prohibition of competition manipulation and associated activity
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Prohibition of corruption, fraud, deception and breach of trust
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Prohibition of retaliation or victimisation in relation to complaints and dispute resolution
(1) Clause 11 of the Integrity Code requires an organisation bound by the Integrity Code to have and implement policies to prohibit behaviour that constitutes a threat to integrity.
(2) The organisation will be presumed to comply with clause 11 if its policies prohibit breaches of the Integrity Code consistently with this Schedule.
(3) For the avoidance of doubt, prohibited behaviour includes online conduct.
(1) A person who is bound by the Integrity Code must not engage in or attempt to engage in bullying, violence, abuse, intimidation, or harassment in within sport or recreation.
(2) For the purposes of this provision—
(a) abuse includes physical, psychological, emotional and sexual abuse;
(b) bullying—
(i) means unreasonable behaviour directed towards a person or people that does, or is likely to, lead to physical or psychological harm;
(ii) includes repeated behaviour but may be a serious single incident;
(c) harassment—
(i) means unwelcome or unwanted behaviour that is offensive, threatening, or degrading (including harassment that is sexual in nature) and that has had, or is likely to have, a harmful effect on the person or group the behaviour is targeted at; and
(ii) includes unwanted and repeated contact with a person but may be a serious single incident;
(d) intimidation means behaviour that is intended to cause fear or distress (eg, threatening an act of violence, or watching, following or accosting a person);
(e) violence—
(i) means the intentional use of force or aggression (including verbal) to harm a participant physically, psychologically, emotionally, spiritually, sexually or socially;
(ii) does not include:
(A) force or aggression that is permitted under the rules or required during a sport or recreation activity (eg, a regulation tackle in rugby union or rugby league);
(B) force or aggression that is not permitted under the rules or required during a sport or recreation activity, but can be, or was, resolved within the ordinary course of the sport or recreation activity (eg, a yellow or red card for a non-regulation tackle).
(1) A person who is bound by the Integrity Code must not engage in or attempt to engage in child abuse, child sexual abuse or child neglect sport and recreation.
(2) For the purposes of this provision:
(a) child abuse means harming (whether physically, emotionally, psychologically, or sexually), ill treatment, abuse, neglect or deprivation of any child or young person under 18 years of age
(b) child sexual abuse means acts or behaviours where an adult, older or more powerful person uses a child or young person under 18 years of age for a sexual purpose
(c) child neglect means the persistent failure to meet the physical and/or psychological needs of children and young people under 18 years of age, and not doing or providing the things they need to stay safe and be healthy.
(1) A person who is bound by the Integrity Code must not engage in or attempt to engage in sexually harmful behaviour in connection with sport and recreation.
(2) For the purposes of this provision, sexually harmful behaviour means any verbal, visual or physical sexual contact or activity that is not freely consented to and includes—
(a) any non-consensual touching, contact or behaviour (verbal, visual or physical) of a sexual nature;
(b) forcing, coercing, pressuring or manipulating a person (whether directly or indirectly) into sexual activity;
(c) sexual attention or comments that are unwelcome and offensive and are either repeated, or of such a significant nature that it has a detrimental effect on that person, including about a person’s sexual orientation, gender identity, gender expression, variations of sex characteristics, or sexual history, or sexual comments about a person’s body, personality or other characteristics;
(d) any sexual contact or conduct, including sexual attention or comments, by an adult with a child or young person under 16 years of age regardless of whether the person consents;
(e) an adult building a relationship with a child or young person that is, or appears to a reasonable person to be, for the purposes of instigating sexual contact or sexual attention;
(f) using a position of trust, authority or power (perceived or actual) to enter into a sexual or intimate relationship with a participant; and
(g) taking, sharing or displaying images of a sexual nature without consent.
(1) A person who is bound by the Integrity Code must not engage in or attempt to engage in any form of discrimination in connection with sport or recreation.
(2) For the purposes of this provision, discriminatory behaviour includes:
(a) slurs, derogatory language or other offensive behaviour directed at a person or group of people because of a prohibited ground of discrimination under the Human Rights Act 1993);
(b) excluding, neglecting, or refusing to participate with other people based on a prohibited ground of discrimination;
(c) inciting or encouraging others to behave in a discriminatory manner; and
(d) any other prohibited behaviour in the Integrity Code (eg, bullying, harassment, sexually harmful behaviour, or retaliation) directed at a person or group of people based on a prohibited ground of discrimination.
(3) For the avoidance of doubt, an act or omission does not constitute discriminatory behaviour if it is covered by an exception in the Human Rights Act 1993 (eg, to conduct competitive sporting events or activities that only disabled people take part in) or is a query reasonably made to determine eligibility to participate in competitive sporting events or activities.
(1) A person who is bound by the Integrity Code must not engage in or attempt to engage in:
(a) manipulating the result or course of a sporting competition or activity; or
(b) sports betting activity connected with competition manipulation, or the misuse of inside information connected with competition manipulation or sports betting.
(2) For the purposes of this provision:
(a) manipulation of the result or course of a sporting competition or activity means an intentional arrangement, act or omission aimed at improperly changing the result or course of a sporting competition in order to remove all or part of the unpredictable nature of the sporting competition with a view to obtaining an undue benefit for oneself or for others;
(b) sports betting activity connected with competition manipulation includes betting in relation to:
(i) a competition the participant is directly participating in; or
(ii) any event of a multisport competition they are a participant of;
(c) inside information means information relating to any competition that a person possesses by virtue of their position in a sport or competition, excluding any information:
(i) already published or common knowledge;
(ii) easily accessible to interested members of the public; or
(iii) disclosed in accordance with the rules and regulations governing the competition;
(d) misuse of inside information means:
(i) using inside information for betting, any form of manipulation of sporting competitions or any other corrupt purpose, whether by the participant or another person or entity;
(ii) disclosing inside information to any person, with or without a benefit, where the participant knew or should have known that such disclosure might lead to the information being used for the purpose of betting, any form of manipulation of competitions or any other corrupt purposes;
(iii) giving or receiving a benefit for providing inside information, regardless of whether any inside information is actually provided.
(3) For the avoidance of doubt, conduct that is permitted under the rules or required during a sport or recreation activity cannot be considered improper.
(4) Organisations that do not organise, sanction or authorise sporting competitions, events or activities do not need to implement this clause of the Integrity Code.
(1) A person who is bound by the Integrity Code must not engage in or attempt to engage in corruption, fraud and other forms of deception or breach of trust in connection with sport and recreation.
(2) For the purposes of this provision corruption, fraud and other forms of deception or breach of trust in sport and recreation includes—
(a) offering, promising or giving an undue benefit to a person in a position of trust or authority;
(b) the solicitation, acceptance or receipt of an undue benefit by a person in a position of trust or authority;
(c) abusing or misusing a position of trust or authority to obtain an undue benefit;
(d) obtaining a benefit, or causing loss or injury to another person, through deception;
(e) an intentional failure to disclose a conflict of interest or manage a conflict of interest; and
(f) using or disclosing any confidential information to obtain an advantage.
(3) For the purposes of paragraph (2):
(a) benefit includes a financial benefit, valuable consideration, office, employment, or any other benefit, whether direct or indirect; and
(b) undue benefit means any benefit that is improperly or unlawfully obtained, accepted, offered, given, or agreed to.
(1) A person who is bound by the Integrity Code must not engage in, or attempt to engage in, retaliation against or victimisation of any person because that person makes or intends to make a complaint or disclosure to an organisation bound by the Integrity Code.
(2) For the purposes of this provision, retaliation and victimisation have the same meanings as in sections 39 and 40 of the Act, with any necessary modifications.