Yoga Flex Care& Yoga (Yoga Flex Care) has various Company Policies and a Complaints Resolution Officer to help facilitate an enjoyable and safe environment for all Yoga Flex Careemployees and attendees. The policies are:
By attending programs and events conducted by Yoga Flex Care, participants agree to follow all reasonable requests and instructions of the authorised representatives of Yoga Flex Careand to abide by such policies. Yoga Flex Careclass attendee forms note these policies and where they and the Complaints Resolution Officer can be found.
The Yoga Flex CareComplaints Resolution Officer can be contacted directly at:
Every individual attending Yoga Flex Care’s programs, whether as a teacher or an attendee, should be treated with respect, dignity and fairness, and be able to participate in an enjoyable and safe environment. Harassment, abuse, and any other form of inappropriate behavior will not be tolerated.
The Complaint Resolution Policy is available by request from the Complaints Resolution Officer.
Yoga Flex Carealso has a Whistleblower Policy.
Details of the Mutual Respect Policy, Child Protection Policy and Whisteblower Policy are contained below.
Our teachers and representatives seek to:
What we ask of students and attendees:
What constitutes unacceptable behaviour and conduct:
Unacceptable behaviours include, but are not limited to, the following:
By attending programs and events conducted by Yoga Flex Care, participants agree to follow all reasonable requests and instructions of the authorised representatives of Yoga Flex Careand to abide by its’ “Mutual Respect Policy”.
Yoga Flex Carehas a zero tolerance position and reserves the right to refuse an individual entry to and participation in its programs and events, if in its opinion an individual’s conduct, behaviour, or intentions, breach this policy.
Name: Child Protection Policy
Responsible Officer: Complaints Resolution Officer
Approving Authority: Yoga Flex Care& Yoga
Date of Adoption:
Due for Review: March 2022
Last Amended: 13 March 2019
The purpose of this policy is to:
This policy applies to all employees, volunteers, students and attendees as well as contractors and people undertaking work experience or vocational placement at the Yoga Flex Care& Yoga.
Child: Means an individual under 18 years of age.
Harm: Means any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing. It is immaterial how the harm is caused. Harm can be caused by single act, omission or circumstance or a series or combination of circumstances where there is:
Attendee: means any person regardless of age who attended an Yoga Flex Care& Yoga program anywhere in Australia.
Employee: includes both paid employees, volunteers, contractors and vocational trainees or work experience participants.
Student: Means a student of the Yoga Flex Care& Yoga
Child Protection Act 1999 (QLD);
Working with children (Risk Management and Screening) Act 2000 (QLD)
Working with children (Risk Management and Screening) Regulations 2011 (QLD)
Children and Young Persons (Care and Protection) Act 1998 (NSW);
Child Protection (Working With Children) Act 2012 (NSW)
Children, Youth and Families Act 2005 (VIC);
Working with Children Act 2005 (VIC
Children and Community Services Act 2004 (WA);
Working with Children (Criminal Record Checking) Act 2004 (WA);
Children and Young People (Safety) Act 2017(SA);
Child Safety (Prohibited Persons) Act 2016 (SA);
Care and Protection of Children Act 2008 (NT)
RELATED POLICIES AND DOCUMENTS
Code of Conduct for working with children
Complaints Management Policy and Procedure
UNDERLYING PRINCIPLES, GUIDELINES & EVIDENCE OF COMPLIANCE
In outworking these principles through this policy Yoga Flex Carewill be guided by the following guidelines and indicators of compliance.
Confidentiality for those disclosing abuse
Certain members, employees or volunteers of Yoga Flex Caremay have a duty to disclose such information to relevant state authorities as prescribed by law, but outside that duty each person who has access to confidential information regarding suspected or disclosed harm is obliged to preserve the parties’ identities and information about the incident. Absolute confidentiality cannot be assured, but the notifier’s identity will not be disclosed except as permitted/required by law.
Where there are allegations of criminal misconduct, the allegations must be referred to the police. All allegations of pedophilia must be reported to the police, including those from the past, except where the alleged perpetrator is deceased.
To reduce the chance of abuse or harm occurring, Yoga Flex Carewill ensure that all employees are aware of, understand and fulfill their obligations under this policy.
All directors and office holders must hold a current working with children check in their state.
Any employee yoga/meditation contractor or volunteer who will or may provide classes, instruction or services to a child during the course of their role at Yoga Flex Caremust also hold a current working with children check.
Prior to being engaged as director or office holder, yoga/meditation contractor or employee or volunteer who may provide classes, instruction or services to a child, the individual must provide to Yoga Flex Caretheir current working with children check or equivalent in the state of operation. Yoga Flex Caremust inform the relevant government agency in their state of the intention to employ that individual where required. Yoga Flex Carewill not engage an individual unless and until they hold a current working with children check or equivalent.
Whilst that individual remains as a director or office holder, or employee or volunteer, they must keep their working with children check or equivalent current and advise Yoga Flex Careimmediately upon their working with children check lapsing or being suspended. Yoga Flex Caremust retain a register of all directors, employees and volunteers who hold a working with children check, such register to include:
Where the contractor or volunteer is providing classes, instruction or services associated with Yoga Flex Careand that contractor or volunteer is a citizen of or ordinarily resident in a country other than Australia:
The Yoga Flex Carewill ensure that appropriate and sufficient references are obtained for each new employee engaged since the commencement of this policy. Yoga Flex Carealso requires a police report from new employees.
Yoga Flex Carewill provide support to the victim through referrals to professional counseling if required whether or not the allegations are proved. Yoga Flex Carewill also provide support to the respondent to the complaint of abuse or harm through the provision of professional counseling if it is requested by the respondent and this will be available to the respondent until the matter is resolved.
Yoga Flex Carewill respond promptly to allegations of harm and abuse and will act without unreasonable delay to prevent further harm from occurring. Yoga Flex Carewill carry out steps under this policy promptly and keep both the victim and respondent informed of the progress.
Review, Publication & Awareness
Yoga Flex Carewill review this policy and its related procedures regularly at least annually.
Yoga Flex Carewill ensure that employees are advised of any policy changes and will ensure that the policy is easily accessible to all employees, guests, volunteers and students. New employees, volunteers and students will be made aware of the policy and its contents upon commencement of their position and or engagement with Yoga Flex Care
Yoga Flex Carewill place a copy of this policy at all Yoga Flex CareCentres, and will ensure that it is available on the Yoga Flex Carewebsite.
PROCEDURE FOR REPORTING HARM
Scope: This section applies to harm of any employee, student, volunteer or attendee under 18 years of age and to the behavior of any employee, student, volunteer or attendee that an employee, student, volunteer or attendee considers inappropriate.
Test: Where the allegation involves harm of a person under 18 years, the test to determine whether or not to report the allegation is: where you have become aware or reasonably suspect that the child has been harmed or is likely to be harmed. You do not need proof to establish a reasonable suspicion. Suspicion does not require actual belief. Generally, a disclosure of the abuse, particularly by the victim, will be sufficient to form a suspicion. Always err on the side of reporting allegations to the appropriate authorities.
Appropriate Authorities: Police and Child Safety Agency (In the applicable State or Territory)
How to Report Harm
|Employees & Contractors||In the course of your position, you become aware or reasonably suspect that a child has been harmed||Yoga Flex CareComplaints Resolution Officer ANDPolice & Child Safety Agency in applicable State or Territory|
|Volunteers||In the course of your volunteering at Yoga Flex Careyou are aware or reasonably suspect that a child has been harmed||Yoga Flex CareComplaints Resolution OfficerAND
Police & Child Safety Agency in applicable State or Territory.
|Attendees & Students||In the course of your attendance at Yoga Flex Careyou are aware or reasonably suspect that a child has been harmed||Yoga Flex CareComplaints Resolution Officer|
|Yoga Flex CareComplaints Resolution Officer||You are aware or reasonably suspect that a child has been harmed||Police & Child Safety Agency (in the applicable State or Territory)|
DEALING WITH ALLEGATIONS OF HARM
Where allegations or reports of harm against a child are brought to the attention of Yoga Flex Carethe following actions should be taken in relation to the suspected or alleged harm;
Record: The details of the report or allegation must be recorded with accuracy immediately and care should be taken to avoid tainting the evidence supplied with personal views or perspectives. The record should reflect actual words used and observations made. The record must be kept safe and confidential. Confidential information collected for the purposes of recording an allegation must only be disclosed as necessary in furtherance of this policy. Any reports of harm or abuse against a child must be reported to the Yoga Flex CareComplaints Resolution Officer without delay.
The report must include:
Decide: Directors, Employees, Contractors and Volunteers must immediately inform the Yoga Flex CareComplaints Resolution Officer, and shall make the appropriate notification to the Police or Child Safety Agency in their state. Where there is some concern or doubt about whether the information meets the required threshold to report to Police or Child Safety Agency, the individual will liaise with the Yoga Flex CareComplaints Resolution Officer about whether the information must be reported to the appropriate authority of the Commonwealth or relevant Australian State or Territory. If the Yoga Flex CareComplaints Resolution Officer determines that a report is required they must report the incident promptly.
Provide: Where it is alleged that a person associated with Yoga Flex Carehas caused the harm (whether as an employee, contractor, volunteer, student or attendee) the Yoga Flex CareComplaints Resolution Officer will also provide details of the allegations to the respondent and provide them with the opportunity to seek advice and respond to all material facts and evidence. If there is an allegation of criminal behaviour and a report has been made to the police, advice should be taken from Police prior to providing details of the allegations to the respondentto avoid prejudicing their investigation. In the event that the respondent is a director, employee, volunteer student or attendee and they would have access to children, the respondent should be directed to stand down from their position pending investigation or, in extreme cases, summarily dismissed.
Offer: Both the victim and the respondent should be offered support and the opportunity to attend and participate in professional counselling. This service should be made available to both the victim and the respondent throughout the entirety of the investigation process.
Inform: The Yoga Flex Careboard of directors should be informed of the allegations, reports and steps already taken in the process. The insurers of Yoga Flex Carewill also need to be kept informed of the matter and its progress.
Investigate: Once all necessary parties have been informed of the allegations and reports it will be necessary to investigate the incident and form conclusions. In the event that the allegations have been reported to the police, Yoga Flex Careshould not commence independent investigations until the prosecution is complete and you have been informed whether they have decided to charge the respondent.
Attend: Both during and following investigation attend to public relations as required. During this process, confidential information collected during reporting or investigation must remain so and must not be disclosed to parties external to the investigation or child protection procedure.
Discipline: Following the completion of the formal investigation and dispute resolution process, disciplinary action should be taken if the circumstances require it. Both the victim and respondent should be kept informed of the progress and outcomes at all relevant times, subject to any privacy restrictions.
Yoga Flex Care& YOGA ACN 002 506 461
For the purpose of this policy:
“Whistleblowing” is the voluntary disclosure of Misconduct by a person who has witnessed instances of, or holds suspicions regarding Misconduct within Yoga Flex Care& Yoga.
“Whistleblower” is an officer, employee, contractor or volunteer of Yoga Flex Care& Yoga, or the relative, spouse or dependant of any such person, who reports Misconduct in accordance with this policy.
“Misconduct” includes conduct that:
All officers, employees, contractors or volunteers of Yoga Flex Care& Yoga will be made aware of this policy and the avenues available to report instances of (or suspicions of) Misconduct.
This current version of this policy will be available to all officers and employees through the Yoga Flex Care& Yoga website (www.Yoga Flex Care.org.au). A copy will also be given to any employee, contractor or volunteer upon request to their centre manager.
Nominated Whistleblower Protection Officers
Yoga Flex Care& Yoga has nominated both Internal and External Whistleblower Protection Officers, to receive reports of Misconduct and protect the interests of the Whistleblower in terms of this policy. Yoga Flex Care& Yoga will seek to ensure that all officers, employees, contractors and volunteers are aware of the current nominated Whistleblower Protection Officers and mechanisms to contact them.
Where reporting within the Whistleblower’s normal reporting channels (ie. to their immediate manager) is not desirable or appropriate, the Whistleblower may report instances of, or suspicions of, Misconduct to the Internal Whistleblower Protection Officer.
In circumstances where it is not possible or appropriate to report instances of Misconduct to the Internal Whistleblower Protection Officer, reports may be raised directly with the nominated External Whistleblower Protection Officer. This reporting avenue may be used where the Whistleblower reasonably believes that any internal reporting avenues available are unlikely to provide an independent assessment and/or investigation of the allegations of Misconduct, and will generally only be appropriate where the Misconduct alleged involves senior Yoga Flex Care& Yoga personnel.
In addition to making a report through normal reporting channels or to the Whistleblower Protection Officer, a Whistleblower may wish to make a report of Misconduct within Yoga Flex Care& Yoga to an external body. Disclosures made to an external body will not be investigated by Yoga Flex Care& Yoga pursuant to this policy, but whistleblowers will be afforded the protections set out in this policy to the extent that Yoga Flex Care& Yoga is made aware of the identity of the Whistleblower by the external body.
All reports of Misconduct made under this policy will be assessed and investigated.
Upon receipt of a report from a Whistleblower, the Whistleblower Protection Officer is responsible for informing either the Chief Executive Officer or Yoga Flex Care& Yoga Board Chair that a report of Misconduct has been received, and determining whether the disclosure is a matter of Misconduct to which this policy applies, within 72 hours of receiving the report.
Where the Whistleblower Protection Officer determines that a report is trivial, vexatious or baseless, the Whistleblower Protection Officer will inform the Whistleblower of this assessment and no further action will be taken in relation to the report.
If it is determined that the report is a matter to which this policy applies, the following investigation processes will apply:
The Whistleblower Protection Officer will keep the Whistleblower informed generally regarding the progress of the investigation and the outcome of the investigation, subject to privacy considerations for any persons implicated in the report of Misconduct.
Persons implicated in whistleblower report
Any persons implicated in allegations of Misconduct by a Whistleblower pursuant to this policy are entitled to be afforded natural justice and procedural fairness during the course of Yoga Flex Care& Yoga’s investigation of the alleged conduct. This shall include:
Where allegations of Misconduct are not substantiated by an investigator’s report, any persons implicated in the allegations must be formally informed of the outcome of the investigation.
Where it is determined by a Whistleblower Protection Officer that a report is trivial, vexatious or baseless and no formal investigation is required, the Whistleblower Protection Officer may determine whether or not (in their sole discretion) to inform the person against whom any allegations of Misconduct are made that a report has been received and dismissed.
Personal work-related grievances
This policy is concerned with the disclosure of instances of (or suspicions of) Misconduct only (as provided in section 1317AA of the Corporations Act 2001) and is not intended to replace existing policy documents regarding dispute resolution, grievances, discrimination, harassment or bullying (except in circumstances where such behavior may constitute Misconduct as defined in this policy).
Reports regarding personal work-related grievances will not be afforded protections under this policy, and will be referred to existing appropriate policy documents for alternative resolution mechanisms. To be clear, a personal work-related grievance will generally concern a grievance about any matter relating to the discloser’s employment having implications for the discloser personally, which does not constitute Misconduct.
Where a Whistleblower makes a report of actual or suspected Misconduct to a Whistlebower Protection Officer pursuant to this policy, the Whistleblower Protection Officer must take all reasonable steps to keep the identity of the Whistleblower confidential unless disclosure of the Whistleblower’s identity is required by law.
The Whistleblower’s right to confidentiality regarding their identity (unless disclosure is required by law) may only be waived with the express consent of the Whistleblower.
Yoga Flex Care& Yoga acknowledges that in some instances, a Whistleblower may wish to make a report of Misconduct anonymously. However, it also acknowledges that proper investigation may not be possible upon receipt of an anonymous complaint, as the inability to make inquiries and seek further information from the disclosure may limit the scope of any potential investigation. For this reason, Whistleblowers are encouraged to make any reports of Misconduct without the condition of anonymity and rely on the assurances provided in this policy regarding confidentiality of their identity.
Protection of whistleblowers
Yoga Flex Care& Yoga is committed to protecting the rights of a Whistleblower who reports Misconduct in accordance with the procedures set out in this policy.
A Whistleblower must not be subject to any detriment, or the threat of detriment, for making a disclosure of Misconduct. Detriment may include, but is not limited to:
Where a Whistleblower believes that they have been subjected to detriment for making a disclosure of Misconduct, the Whistleblower should raise these concerns with a Whistleblower Protection Officer as soon as practically possible.
Where a whistleblower is implicated in reports of Misconduct which are investigated and found to be substantiated, the protections under this policy will not apply to any disciplinary action taken by Yoga Flex Care& Yoga in relation to the Misconduct itself.
Contact Yoga Flex Care
The Yoga Flex CareComplaints Resolution Officer can be contacted directly at: