QLD Pedophiles at bowling club

Discussion in 'Other/General Law Forum' started by Marine, 18 March 2018.

  1. Marine

    Marine Member

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    We have just learned that there are 2 convicted child sex offenders who are members of our bowls club. We have a junior program and children play at the club on occasions. Are there legal repercussions if we terminate their memberships?
     
  2. Tim W

    Tim W Lawyer
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    Are you entirely certain?
    As in rock solid information?
    Understand that names on privately run websites that list supposed offenders
    don't count as "rock solid" - because you don't know how reliable that content is.

    And who is "we"? If you are a member of the club's board,
    then you/they should be asking the club's lawyers for formal advice before acting.

    As a general thing, and without reference to your specific case,
    one sensible path might be for the board/ committee of the club
    to resolve - formally, in a minuted meeting - to ask them to resign immediately,
    and if they don't, then to ask them to show cause why their memberships should not be terminated.
     
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  3. Marine

    Marine Member

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    Thanks Tim. The evidence is rock solid. One of the individuals is currently serving the first week of a 6 month sentence in prison. The other case has appeared in the local paper. I am on the management committee and will bring up your suggestion
     
  4. Rod

    Rod Well-Known Member
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    Check your State membership rules and Bowls Australia policies around discrimination. I'm not convinced you have the right to issue a show cause notice.

    BA has a member protection policy and you should read and understand it. There is a definition of discrimination in there that includes 'irrelevant criminal behaviour'. I do not know how 'irrelevant criminal behaviour' is defined in a bowls context. Certainly relevant criminal behaviour is assaulting another club member or stealing from the club but where criminal activities are not directed at the club or members I do not know.

    If I was in your position I'd be referring this 'up the line' to the local association and higher.

    Imagine the number of QRL, NRL and AFL players that could be barred from playing for having criminal convictions or criminal associations!

    Keep in mind your club has no role in punishing members for criminal activities, that is the role of the judicial system. Protecting members is important, but I'm not convinced offending against non-members gives sufficient ground for action.

    Check with your local association and BA and let us know the answer you get.
     
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  5. Tim W

    Tim W Lawyer
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    The suggestion you should bring up is
    that the club consult its own lawyers.

    As to concerns about discrimination, don't trouble yourself.
    There's nothing much to worry about there.
    The "irrelevant criminal behaviour" stuff to which @Rod refers
    is really only in play in employment,
    and that's not what's happening here.

    Understand also, that running the sporting competitions, and
    (the business of) running the club, are different activities.
    Complimentary, and conducted in parallel, but distinct.
    In the scenario where the Association runs the sport overall,
    but is not the regulator of the club itself,
    I don't see the Association getting involved
    in a club-internal matter of this nature.
     
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  6. Marine

    Marine Member

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    Tim W. Do you think it’s reasonable for the club to ask them to relinquish their membership as a first step?
     
  7. Rod

    Rod Well-Known Member
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    From Bowls Australia website:

    MEMBER PROTECTION POLICY VERSION 9

    This policy also applies to all membership categories listed within the BA Constitution, including Member States, Associate Members, Individual Members and Organizational Members.

    Purpose of this policy
    This BA National Member Protection Policy aims to assist BA to uphold its core values and create a safe, fair and inclusive environment for everyone associated with our sport. It sets out our commitment to ensure that every person bound by the policy is treated with respect and dignity and protected from discrimination, harassment and abuse. It also seeks to ensure that everyone involved in our sport is aware of their key legal and ethical rights and responsibilities, as well as the standards of behaviour expected of them.

    Who is bound by this policy
    3.6 athletes;
    3.7 umpires and other officials;
    3.8 members, including life members of BA;

    It is also intended this policy will apply to:
    3.11 member associations
    3.12 affiliated clubs and associated organizations​

    Suggest you read the policy in full before taking action.

    I respectfully suggest Tim has not read the policy hence his inaccurate comments. It seems clear to me the policy applies to everyone affiliated with Bowls Australia.

    Possibly you should not be in a key position if you are not willing to follow the policies set down by your sport.
     
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  8. Rod

    Rod Well-Known Member
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    Matthew 9:10-11:
    While Jesus was having dinner at Matthew's house, many tax collectors and "sinners" came and ate with him and his disciples. When the Pharisees saw this, they asked his disciples, "Why does your teacher eat with tax collectors and 'sinners'?"
    On hearing this, Jesus said, "It is not the healthy who need a doctor, but the sick. But go and learn what this means: 'I desire mercy, not sacrifice.'For I have not come to call the righteous, but sinners."
    This quote is mentioned not because I'm religious, I'm not, but to give you some pause for thought about what you are proposing.

    I sense self-righteousness masquerading as concern for children.

    Intolerance is what causes much of the world's misery, and it is our daily activities each and every day where we need to fight to rid our community of this pernicious behaviour.
     
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    #8 Rod, 18 March 2018
    Last edited: 18 March 2018
  9. Marine

    Marine Member

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    Rod. If I wanted religious advice I would have ask a priest
     
  10. Rod

    Rod Well-Known Member
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    To use a religious idiom: Looks like I'm preaching to the deaf.

    I didn't give religious advice. You either fail to grasp what I am saying, or appear to be ignoring it.

    You seem to want someone here to simply confirm actions you have already decided to undertake. And so my concern that intolerance is alive and entrenched is well founded.

    Take Tim's suggestion, see a lawyer, you may need it if the affected members know their rights.
     
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