Racial and Religious Vilification Policy

1. COMMITMENT

1.1  The Aspendale Cricket Club (the “Club”) is committed to an environment which promotes racial and religious tolerance by prohibiting certain conduct and providing a means of redress for victims of racial and religious vilification and/or racial discrimination.

1.2  The Club will ensure that this Policy is communicated to spectators and participants of the Club.

1.3 Nothing in this Policy prevents a person lodging a complaint in relation to racial and religious vilification and/or racial discrimination under the relevant legislation. In the event a complaint is made under this policy the Club shall ensure that the parties are informed of their rights.

2.  PROHIBITED CONDUCT

2.1 Engaging in Racial and/or Religious Vilification

No person in his/her capacity as a spectator or participant in the Club in the course of carrying out his/her duties or functions as or incidental to being a participant in the Club shall engage in conduct that offends, humiliates, intimidates, contempts, ridicules, incites, threatens, disparages, vilifies or insults another person on the basis of that person's race, religion, colour, descent or national or ethnic origin.

2.2 Inciting Racial and/or Religious Vilification

No person in his/her capacity as a spectator or participant in the Club in the course of carrying out his/her duties of functions as or incidental to being a participant in the Club shall intentionally engage in conduct that he/she knows is likely to incite hatred against another person, or threaten physical harm or incite hatred in others to cause physical harm to a person or to a person's property because of that person's race, religion, colour, descent or national or ethnic origin.

2.3 Racial and/or Religious discrimination

No person in his/her capacity as a spectator or participant in the Club in the course of carrying out his/her duties or functions as or incidental to being a participant in the Club shall engage in conduct that discriminates, directly or indirectly against another person on the basis of that person's race, religion, colour, descent or national or ethnic origin.

2.4          Victimisation

2.4.1       No person in his/her capacity as a spectator or participant in the Club in the course of carrying out his/her duties or functions as or incidental to being a participant in the Club shall victimise another person.

2.4.2       A person will victimise another person (the victim) if:

(a)           the person subjects or threatens to subject the victim to any detriment because the victim (or a person associated with the victim) intends to or has lodged a complaint in contravention of this Policy; or

(b)           the person assists, requests, induces, encourages or authorises another person to subject the victim to any detriment because the victim (or a person associated with the victim) intends to or has lodged a complaint in contravention of this Policy.

3.  AUTHORISED PERSONS

3.1  The Club will appoint a Committee Member as a Protection Officer to ensure that any breach of this Policy or complaint received is responded to in an equitable and prompt manner.

4. CLUB’S LIABILITY

4.1  The Club may be vicariously liable for conduct engaged in by a participant which if found to have contravened this Policy, if the Club is unable to establish that it took reasonable precautions to prevent the participant from engaging in that conduct.

DEFINITIONS

In this Policy-

"Club" means the Aspendale Cricket Club.

“engage in conduct” includes use of the internet or email to publish or transmit statements or other material.

"Association" means the Cricket Southern Bayside Association and South Eastern Cricket Association

"detriment" includes humiliation and denigration.

"discrimination" means for the purpose of this Policy, conduct based on a person's race, religion, colour, descent or national or ethnic origin. Discrimination may be direct or indirect. 

Direct discrimination means treating or proposing to treat another person less favourably on the basis of a person’s race, religion, colour, descent or national or ethnic origin. 

Indirect discrimination means imposing or intending to impose a requirement that a person of a particular race, religion, colour, descent or national or ethnic origin cannot comply with, but which a higher proportion of people without that attribute (or with a different attribute) can, when it is not reasonable in the circumstances to do so.

"participant" includes a player, coach, committee member, volunteer to and agent of the Club that participates in the Association.

"spectator" is a person that attends a cricket match or event conducted by the Club or the Association.