Purpose

Motiv8sports is committed to providing a safe environment for all campers, customers, students, visitors and staff. This policy enables Motiv8sports to meet the legislative requirements of the various Australian States & Territories as they relate to employees/contractors or students who are likely to engage in direct-contact activities with children throughout the period of their employment or experience with Motiv8sports.

Scope

All prospective employees/contractors/franchisees whose role may require direct contact with a child.

All persons involved in any event where direct contact with a child may be necessary or required.

Objective

The objectives of this policy are to:
a) ensure the safety of children at all Motiv8sports events;
b) ensure the suitability of employees/contractors, job applicants and franchisees for direct contact with children as part of their employment or business operations;
c) prevent people with a criminal history which affects their suitability to work with children, from working in child-related employment or participating in any way in Motiv8sports events.

Relevant employees/contractors and franchisees, as defined by the scope of this policy, must undergo a Working with Children Check (or it’s equivalent) as a means of ensuring that the above objectives are met.

State and Territory Legislative Requirements

There is no single national system setting out the requirements for obtaining a Working with Children Check (WWC Check) or its equivalent. Each State and Territory has their own legislative requirements (except Tasmania) and it is necessary to fulfil the requirements in the jurisdiction in which you are working or operating in. As legislative requirements may change from time to time, it is important that employees/contractors and franchisees remain abreast of such developments, and ensure their continued compliance with the applicable requirements.

Related Legislation:

  • NSW – Child Protection (Working with Children) Act 2012
  • VIC – Working with Children Act 2005
  • QLD – Commission for Children and Young People and Child Guardian Act 2000
  • WA – Working with Children Check (Criminal Record Checking) Act 2004
  • SA – Children’s Protection Act 1993
  • NT – Care and Protection of Children Act 2007

Requirements

All employment, franchise and business operations within Motiv8sports include instances requiring the work with or instruction of children. Working with children could include camp, clinic, tournament, party or in school event coaching, instruction, leadership or facilitation of customers, staff or students who are under the age of 18. As such, a successful WWC Check (or its equivalent) is a condition of employment, ownership or any form of involvement at these events and must be submitted to Motiv8sports Central and the employer for the period of any employment/involvement within any and all Motiv8sports business units and franchise operations.

Any employee, franchisee or volunteer who is not able to produce or maintain a successful WWC Check will not be able to have any involvement within Motiv8sports, or its affiliates, franchises and business units, requiring them to be able to work with or instruction of children. In these instances, the individual is unable to meet the requirements for employment with Motiv8sports.

If an individual is found to have misled the Motiv8sports regarding their WWC Check status (i.e. using falsified documents to claim legal ability to work with children when this is not the case), they may be terminated immediately and, in the case of a franchisee, subject to immediate termination of the franchise agreement and enforcement of all relevant termination clauses.

Employee / Franchisee Requirements

As all roles within Motiv8sports involve students and children who may be under the age of 18, it is a condition of employment that those who are working in a role involving any form of contact in an instructional, teaching, coaching, tuition or counselling/advisory capacity or in roles specified by this policy must successfully undergo a Working with Children Check (WWC Check) or its equivalent as per legislative requirements.

All offers of employment for roles of this nature will be offered subject to those individuals obtaining a WWC Check. It is the responsibility of the prospective employee/contractor to apply for their WWC Check and cover the cost prior to commencement of their employment.

Upon commencement, evidence of application or proof of a successful check must be produced to the employee’s direct manager/franchise owner and to Motiv8 Central. Evidence of completed checks must be produced prior to the employee commencing duties involving unsupervised contact with students. In instances where an application has been made but the completed check has not been received, employees must be supervised during face-to-face contact with students under 18 years of age.

All employees/franchisees must advise Motiv8 Central of any change to the status of their WWC Check as soon as possible. Failure to adhere to the applicable requirements may be considered misconduct and may result in disciplinary action. If an employee/contractor is found to have misled Motiv8sports regarding their WWC Check status (e.g. using falsified documents), this may result in immediate termination of contract.

Exemptions

a) Persons under the age of 18.
Note: If that person turns 18 during the period of their employment/studies, then they must make an application at the soonest practicable date once they turn 18. They will not be permitted to undertake unsupervised activities with children until a successful WWC Check is supplied.