VIC Discrimination Law on Banning Member from Sporting Club?

[Gwynn]

Hi,

I am a member of a sporting club. Our participants range in age from 16 and upwards.

Recently, one of the participants of this group have been convicted of child pornography. The person has asked to continue to participate in our events and has provided psychological report as evidence that they are not a paedophile, are not likely to re-offend and are no danger to children.

My question is this: Can members ask club officials to ban this person from our events to protect participants under the age of 18? Are there any discrimination laws or such that would prevent us from making such a request?

Thanks in advance

 

[Tony Danos]

Hi,

I am a member of a sporting club. Our participants range in age from 16 and upwards.
Recently one of the participants of this group have been convicted of child pornography. The person has asked to continue to participate in our events and has provided psychological report as evidence that they are not a paedophile are not likely to reoffend and are no danger to children.
My question is this. Can members ask club officials to ban this person from our events to protect participants under the age of 18?
Are there any discrimination laws or such that would prevent us from making such a request?

Thanks in advance
Gwynn

I presume that this person was not placed on the Sex Offenders Register. If not then your question is not one for a criminal lawyer but rather for someone who deals in discrimination etc.

 

[Gwynn]

Hi,

Thanks for such a quick reply. The person has been very forthcomming with information and has told us that they are on a sex offenders register.

 

[Gwynn]

Should I repost this question under a discrimination thread?

 

[Tony Danos]

There is mandatory reporting requirements if on the Register. Other than that, I agree that the "discrimination thread" may be more enlightening.

 

[Rod]

If your club is part of a larger association, the association rules and policies come into play.

For instance, the Bowls Victoria has an Anti-Discrimination and Harassment Policy that says:

Bowls Victoria recognises that all those involved in their activities cannot enjoy themselves, perform to their best, or be effective or fully productive if they are being treated unfairly, discriminated against or harassed because of their age, disability, family responsibilities, gender identity, homosexuality or sexual orientation, irrelevant medical or criminal record, marital status, political belief, pregnancy or breastfeeding, race, religion, sex, social origin and/or trade union membership/activity.​

While I can understand how a person can be uncomfortable around some people because of their past behaviours, discrimination leads to larger issues around excluding people from society's activities. And where is the line to be drawn? Sex offenders this week, general criminal behaviour next week, out-of-wedlock pregnancies next month, One Nation/liberal/labor supporters next year, etc etc.

Discrimination for past behaviour that had no direct impact on current members should be resisted. If one member assaults another member that would be grounds for revoking membership but until that happens, discrimination is a very slippery slope and that is why there are laws protecting people from being discriminated against.

Please be careful what you ask for.

 

[Tim W]

Let's be clear.
He has been convicted, and has been placed on the Register.
Therefore, at law, he is a child sex offender.

I do not see any basis for a discrimination action.
In any event, the club's duty to the children who take part in its activities would prevail.

That your club would even contemplate his continued involvement is patently absurd.

 

[Gwynn]

Thanks Tony, Rod and Tim for your replies,

Certainly there are many things for me to consider here before I approach club officials and your input has helped.

As far as a Code of Conduct goes, this is the only one the club has:

Code of Conduct

Be excellent to each other. And have fun.

The club reserves the right to ban anyone who breaks the law or acts in a socially inappropriate way on and off the field. We won't tolerate behaviour which is criminal, bullying, sexually harassing, unlawfully discriminatory, defamatory or down right insulting whether it involves players, officials, office bearers or third parties.

Hence, my apprehension about asking for a ban. I don't want to do or say anything that may come across as discriminatory or defamatory especially since the person in question has official psych reports stating that they are not a predator or a paedophile. And if I were to ask club officials to ban them to protect my children who participate then that would imply that I want them banned because they pose a danger to my children which is contrary to the assessment of several clinicians who are qualified to make such assessments.

So in order to express concern I may risk a ban myself for being discriminatory or defamatory.

 

[sammy01]

So he breached the rule 'be excellent to each other'. He didn't - he involved himself in child porn - that isn't 'being excellent'

He might have parole conditions that mean he isn't allowed to be involved with minors.

 

[Tim W]

He was convicted - that is, found guilty beyond reasonable doubt.
If the psych reports he is offering your club had any credibility or weight at trial,
then he would not have been convicted, would he?

This man has a child pornography conviction. He is a Registered Sex Offender.
There can be no question of him being anywhere near minors,
especially not in a LARP context such as yours.

And, for avoidance of doubt - understand that truth is not defamatory.

Your problem is not this person - your problem will be making sure
that the club officials, who don't understand what's going in here,
have enough backbone to remove him.