Code of Conduct & Complaint Management Policy

Code of Conduct and Complaints Management Policy: (download here)

Complaints procedures

Kung Fu Wushu WA aims to provide a simple, confidential and trustworthy procedure for resolving complaints based on the principles of procedural fairness.

Any person (a complainant) may report a complaint about a person, people or organisation bound by this policy (respondent) if they feel they have been harassed, bullied or discriminated against or there has been any other breach of this policy.

In the first instance, complaints should be reported to the WA Participant Protection Officer or Complaints Manager.

If a complaint relates to behaviour or an incident that occurred at the:

  • state level, or involves people operating at the state level, then the complaint should be reported to and handled by the Kung Fu Wush WA in the first instance
  • club level, or involves people operating at the club level, then the complaint should be reported to and handled by the relevant club in the first instance.

Only matters that relate to, or which occurred at, the national level, as well as serious cases referred from the state and club level, should be dealt with by the national body.

A complaint may be handled informally or formally. The complainant may indicate his or her preferred option and the  WA Participant Protection Officer or Complaints Manager should consider whether that is an appropriate way to handle the particular complaint. For example, the law may require that the complaint/allegation be reported to an appropriate authority.

All complaints will be dealt with promptly, seriously, sensitively and confidentially. Our procedures for handling and resolving complaints are outlined in Attachment D1.

Individuals and organisations may also seek to have their complaint handled by an external agency under anti-discrimination, child protection, criminal or other relevant legislation.

 Improper complaints and victimisation

Kung Fu Wushu WA aims to ensure that our complaints procedure has integrity and is free of unfair repercussions or victimisation against the person making the complaint.

We will take all necessary steps to make sure that people involved in a complaint are not victimised. Disciplinary measures may be undertaken in respect of a person who harasses or victimises another person for making a complaint or supporting another person’s complaint.

If at any point in the complaint handling process the WA Participant Protection Officer or Complaints Manager considers that a complainant has knowingly made an untrue complaint, or the complaint is malicious or intended to cause distress to the respondent, the matter may be referred in writing to the Participant Protection Tribunal for review and appropriate action, including possible disciplinary action against the complainant.

Mediation

Kung Fu Wushu WA aims to resolve complaints quickly and fairly. Complaints may be resolved by agreement between the people involved with no need for disciplinary action.

Mediation is a confidential process that allows those involved in a complaint to discuss the issues or incident in question and come up with mutually agreed solutions. It may occur before or after the investigation of a complaint.

If a complainant wishes to resolve the complaint with the help of a mediator, the WA Participant Protection Officer or Complaints Manager will, in consultation with the complainant, arrange for an independent mediator where possible. We will not allow lawyers to negotiate on behalf of the complainant and/or the respondent.

More information on the mediation process is outlined in Attachment D2.

Tribunals

A Participant Protection Tribunal as described in our By-laws may be convened to hear a formal complaint:

  • referred to it by the WA Participant Protection Officer or Complaints Manager
  • referred to it or escalated by a Member, because of the serious nature of the complaint, because it was unable to be resolved at the Club level or because the KW WA policy directs it to be
  • referred to it by the National KWA Complaints Manager as more appropriately dealt with at the WA rather than National level
  • for an alleged breach of this policy].

Our Participant Protection Tribunal procedure is outlined in Attachment D4.

A respondent may only lodge an appeal to the Participant Protection Appeal Tribunal in respect of a Participant Protection Tribunal decision. The decision of the Participant  Protection Appeal Tribunal is final and binding on the people involved. Our appeals process is outlined in Attachment D4.

Every organisation bound by this policy will recognise and enforce any decision of a Participant Protection Tribunal or Participant Protection Appeal Tribunal under this policy.