Eastern Football Netball League (EFNL) Vilification and Discrimination Policy 

The Rowville Knights Community Football Club is committed to an environment which promotes racial and religious tolerance by prohibiting certain conduct and providing a means or redress for victims of racial and religious vilification and/or racial discrimination.

The Rowville Knights Community Football Club is bound by the Racial and Religious Tolerance Act 2001 (Vic), the Racial Discrimination Act 1975 (CTH), and the Equal Opportunity Act 1995 (Vic), (the legislation). This Policy is consistent with the legislation and the Australian Football League’s Rule 30 and the Victorian Football League’s Rule 7.3. This Policy is not in substitution of the legislation.

The Rowville Knights Community Football Club will ensure that this Policy is communicated to spectators and participants of the Rowville Knights Community Football Club. It will also ensure that participants of the Rowville Knights Community Football Club are able to confidentially raise specific incidents or concerns about vilification or discrimination with the club executive.

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

In this Policy –

“Complaints process” means the procedure outlined in the Inter/Intra Club Breach of the Policy and Management of Intra Club Complaints.

“Club” means the Rowville Knights Community Football Club.

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

“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.

“League” means the Eastern Football and Netball League.

“Participant” includes a player, director, officer, employee, volunteer to and agent of a Football Club that participates in the League.

“Spectator” is a person that attends a football game or event conducted by a Club or League.

Racial and Religious Vilification

No person in his/her capacity as a spectator or participant in the League in the course of carrying out his/her duties or functions as or incidental to being a participant in the League shall engage in conduct that:

• offends, humiliates, intimidates, contempt’s, 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; or
• 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 the person’s race, religion, colour, descent or national or ethnic origin.

Racial and 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.

Victimisation

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.

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

• 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 the Policy; or
• 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.

The Club appoints a Racial Vilification Officer to ensure that any breach of this Policy is responded to in an equitable and prompt manner.

The President of the Club (the President) is the senior decision-maker in the Club’s Complaints Process and as such also holds the role of Racial Vilification Officer. Therefore, should the President be absent for a significant period, he/she must nominate a person to act on his/her behalf should the process need to be enacted.

Confidentiality must be maintained throughout the complaints process. All parties to a complaint, the President (or Delegate), any witnesses and the Conciliator must all agree, in writing, to the maintenance of confidentiality. No person involved in the complaints process shall publicly comment on any aspect of the complaints process without the prior written agreement of all parties.

The Club shall ensure that any documents relating to a complaint shall remain confidential and be retained for 7 years from the date the complaint is made.

In the event that it is alleged that a spectator or participant from another Club has contravened this Policy:

(a) An Umpire, spectator or participant of the Club may lodge a complaint with Racial Vilification Officer of the Club. As per the EFNL policy, where the complaint requires resolution, the Racial Vilification Officer is to lodge any complaints by 5.00pm on the first working day following the day on which the contravention is alleged to have occurred, with the EFNL’s Complaints Officer.

(b) The Club’s Racial Vilification Officer will take no further action once the complaint has been lodged with the League unless otherwise instructed by the League’s Complaints Officer. Once a complaint has been formally lodged with the League, the League’s policies and processes will take precedence.

An Umpire, spectator or participant of the Club are encouraged to notify the club’s Racial Vilification Officer directly or via another club member or official as close to the day on which the contravention is alleged to have occurred. The Racial Vilification Officer shall take reasonable steps within the next three (3) days following the day on which the complaint was lodged to achieve an informal resolution if, in the reasonable opinion of the Racial Vilification Officer, the complaint is capable of an informal resolution. If an informal resolution is not achieved or it is reasonably believed that the complaint is incapable of an informal resolution, the Racial Vilification Officer shall as soon as is reasonably practicable lodge the complaint with the EFNL’s Complaints Officer. The club’s Racial Vilification Officer shall take no further action once the complaint has been lodged with the EFNL unless otherwise instructed by the EFNL’s Complaint’s Officer, who shall attempt to resolve the matter by way of informal resolution.

The Club’s Racial Vilification Officer shall manage inter-club and intra-club complaints in accordance with the EFNL Vilification and Discrimination Policy.

This policy was reviewed and approved by the Rowville Knights Community Football Club Executive Committee in January 2022 (previous review was April 2021). This policy is reviewed annually prior to the commencement of the season to ensure it remains relevant to club operations and reflects both community and legal requirements.

Next policy review date is April 2023.