Important Information for Club Members

Club forster & Sporties Tuncurry

This club is by law required to make available to it’s members information that relates to the management and financial administration of the club including:

A register of disclosures made by the directors and employees of the club.
Details of the overseas travel made by the directors and employees of the club.
Details of loans given by the club to employees.
Details of contracts of employment of top executives.
Details of payments made by the club for consultant services.
Details of legal settlements made by the club with a director or an employee of the club.
Details of legal fees paid by the club for a director or an employee of the club.
The club’s annual gaming machine profit.
The amount applied by the club to community development and support

AND the club must provide quarterly financial statements to is board for adoption, and make them available to members, including:

The club’s profit and loss accounts and trading accounts for the quarter, and
A balance sheet as at the end of the quarter.

PLAYER ACTIVITY STATEMENTS

Members may obtain a Player Activity Statement upon request at Club Forster & the Sporties TuncurryWorkplace Gender Equality Agency ReportUnder the Workplace Gender Equality Act 2012, employers must comply with the new notification and access requirements. These require each relevant employer to:

Inform its employees and members or shareholders that it has lodged its report with the Agency and advise how the report may be accessed
Provide access to the report to employees and members or shareholders
Inform employee organisations with members in its workplace that the report has been lodged
Inform its employees and those employee organisations with members in its workplace of the opportunity to comment on the report to the employer or the Agency.

The Club is required by law to make available the WGEA Report 2018 to its employees and club members in accordance with the Workplace Gender Equality Act 2012 (WGEA Act). The Workplace Gender Equality Report 2018 for Forster Tuncurry Memorial Services Club Ltd has been lodged with the Australian Government. (It will soon be available for viewing online here).

Policies

Club Forster and the Sporties Tuncurry are committed to upholding the following policies: NOTE: From herein, CLUB FORSTER and SPORTIES TUNCURRY (trading as the Forster Tuncurry Memorial Services Club Ltd) will be referred to as "The Club".

AUSTRALIAN PRIVACY PRINCIPLES

CLUB FORSTER AND SPORTIES TUNCURRY – PRIVACY POLICY – MARCH 2014

Club Forster and Sporties Tuncurry (The Club) are strongly committed to protecting your privacy, when you interact with us, as members, guests or visitors.

Our policy follows the principles set out by the Office of the Australian Information Commissioner. From 12 March 2014, the Australian Privacy Principles (APPs) has replaced the National Privacy Principles.

Our objective is to provide you and your family with gaming, hospitality and entertainment services that meet your satisfaction. In the process of you interacting with us, on our website or in any of our venues, we do collect some information on all our customers.

The club will be open and transparent about how and why we collect information and how we might use the information. In some cases, if you do not want us to collect or use your information, in a particular way, then you will be given an opportunity to say so.

The purpose of our Privacy Policy is to explain the following:

how this policy will apply to our members, guests and visitors;
outline what kind of information the Club may collect about you, how we collect it and how we might use the information;
how we may disclose that information;
how you can access the information, we hold about you;
when we might use your information to contact you;
how we protect your personal information;
how we might use cookies, if any, to collect information on our website and other digital platforms, and how you can control or delete these cookies;
and how and why we collect additional information to improve our services.

APPLICATION OF THIS PRIVACY POLICY

The Club’s Privacy Policy applies to personal information collected by our venues, whether we ask for it or not. We act in accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988.

The Club undertakes to comply with the Australian Privacy Principles and follows a code established for this purpose. It is our endeavour to follow this code.

The Club regularly reviews all its policies and may update them from time to time. If changes are made, a revised policy, with the changes, will be posted on our website and will be available on request.

Privacy: COLLECTION AND USE OF PERSONAL INFORMATION

WHY WE COLLECT PERSONAL INFORMATION

As a Registered Club, we are required to collect basic information about our members that cover data such as names, addresses and contact details.

In addition to this information we request for optional additional information that might help us constantly improve our service offerings, in the interest of our members and guests.

If you work for the Club as an employee or are associated with the Club as a supplier or contractor, we will naturally have some basic details on you or your organisation.

HOW WE COLLECT INFORMATION

The club may collect personal information from you in a number of ways. These include, but are not limited:

to when you apply for membership;
request to receive products or services;
purchasing food or beverage or other products;
using credit card or EFTPOS card for purchases;
provide products or services;
using the clubs website or WIFI;
enter a competition or voting forum;
utilise the Group’s services and
complete a survey or questionnaire.

PERSONAL INFORMATION THAT IS REQUIRED

When you become a member or when you update your membership details, we are required to collect contact details that are held in a membership database that is safe and secure. This information is not shared with any organisations outside the club and its associated venues, unless for reasons of database maintenance or software development. This will be done under strict agreements and supervision.

Under legislation, when a non-member, living within the 5 km radius, visits the Club, the individual has to be signed in by a current member or an affiliated club membership card may be used. To make this process simple, we scan their identity card (driver’s licence, photo-card or pension card). For temporary members who do not wish to scan their information they have the option to enter their details into the system manually.

Under legislation, when a non-member living outside the 5 km radius visits the Club, to make the process simple, we scan their identity card (driver’s licence, photo-card or pension card) or for those who do not wish to scan their information they have the option to enter their details into the system manually.

This information is secure and is not used for any purpose other than our need to comply with the legislation.

When a membership card is used in a gaming machine, swipe machine or at any of our restaurants, bars or point of sale outlets, the information is used to award 'POWER POINTS' and is cross referenced with our membership database. This information, in a consolidated manner, is used to help make decisions on changing or improving our service offerings.

PERSONAL INFORMATION THAT IS OPTIONAL

When using our websites you have the option, to provide the club with your address, email address and mobile number, or update the information.

When using any future digital application (app) or service that the Club might introduce in the immediate future, you have the option of leaving your personal details.

When you make a complaint or you compliment the Club on its service offering or its customer service delivery your personal details will be desirable.

When you are browsing through our website, we collect information about the pages that members and visitors use. This helps us determine what our readers find most interesting.

When we conduct research or surveys our interest is aggregate data. We are obliged to make it clear to you if any research or survey could identify you, personally.

COOKIES

We use technology called cookies when you visit our site. Cookies are small pieces of information stored on your hard drive or in memory. They can record information about your visit to the site, allowing it to remember you the next time you visit and provide a more meaningful experience.

One of the reasons for using cookies is to offer you increased security. The cookies we send to your computer cannot read your hard drive, obtain any information from your browser or command your computer to perform any action.

PERMISSIONS

The Club publishes a quarterly magazine, various newsletter and marketing material. You may need to agree that you would like to receive one or all of the material that the Club makes available to its members.

With regard to promotions and competitions, you might need to confirm that you agree with the terms and conditions of a particular competition.

DISCLOSURE OF PERSONAL INFORMATION

DISCLOSURE TO THIRD PARTIES

The club may disclose your personal information under the following conditions:

For research purposes, without disclosing your personal identity, with the objective of improving or amending our service offerings;
To provide technical support for our databases or services;
If you provide consent for your identity to be disclosed to a third party;
If a patron enters into a ClubSafe Self Exclusion agreement; and
If the information is required by law.

INFORMATION THAT YOU MAY DISCLOSE PUBLICLY

When you post information on social media platforms associated with the Club and its venues, it is to be understood that this information is in the public domain and the Club is not in a position to accept any responsibility for who and why anyone might access the information.

ACCESSING YOUR PERSONAL INFORMATION

Should you have a need to access your personal information that is held by the Club, you will be required to address a request to Management in writing and this will be dealt with under the appropriate legislation.

The Club encourages its members to update or correct personal information, so that the information is accurate and up-to-date. This can be done, via the websites or at the reception front desk.

USING YOUR PERSONAL INFORMATION TO CONTACT YOU

The club will not send you any unsolicited commercial messages or material that do not relate to the Club and its promotions, entertainment or service offerings.

We may use information to determine about your likes and interests to send you information about our entertainment programs, promotions or dinning offers. This information will be determined from information you might have provided, from your activity history or from your browsing history. You always have the option of opting out of receiving such information.

PERSONAL INFORMATION SECURITY

The Club is committed to keeping your personal information secure, and we will take reasonable precautions to protect your personal information from unauthorised access, loss, release, misuse or alteration.

Your personal information may be stored in hard copy documents, but is generally stored electronically on the club software or systems.

The club maintains physical security over its paper and electronic data stores, such as locks and security systems. The Group also uses computer and network security technologies such as firewalls, intrusion prevention software, antivirus software, external email filtering and passwords to control and restrict access to authorised staff for approved purposes and to secure personal information from unauthorised access, modification, disclosure, misuse and loss.

Whilst The Club takes all reasonable steps to secure your personal information from loss, misuse and unauthorised access, you acknowledge that all activities in which you intentionally or unintentionally supply information to The Club carries an inherent risk of loss of, misuse of, or unauthorised access to such information.

SURVEILLANCE

In the interest of safety for our members, guests and visitors, the Club has installed a network of CCTV cameras that are monitored 24 hours a day. The cameras are not intrusive and are carefully managed and supervised.

There is adequate signage around the Club reminding members and guests that the venue is under constant surveillance. Access to the footage is only available to senior management, when warranted.
Relevant footage is provided to the Police upon specific requests and is subject to a procedure where the request is identified, recorded and subject to a release form.

DEALING WITH COMPLAINTS

The Club welcomes feedback, both positive and negative. All complaints will be taken seriously and dealt with promptly after appropriate internal investigations and consultations overseen by Management.

On any issues of privacy, feedback or complaints, you can contact the Club as follows:

By email: enquiries@clubforster.com.au
By mail: General Manager, Club Forster and Sporties Tuncurry, PO Box 254, Forster, NSW, 2428.
By phone: 02 6591 6591 – Ask for the General Manager.

If you believe the club has not adequately dealt with your complaint, you may complain to the Privacy Commissioner whose contact details are as follows:

Officer of the Australian Information Commissioner (OAIC)
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
GPO Box 5218 Sydney NSW 2001

Smoking

SMOKE FREE ENVIRONMENT POLICY (EFFECTIVE 2 JULY 2007)

Club Forster and the Sporties Tuncurry will provide a smoke-free environment in enclosed areas of all their licensed premises.

Objectives - This policy is intended to ensure the health, safety and welfare of all patrons and staff to ensure compliance with any relevant organisation to minimise the litter associated with cigarettes to promote initiatives associated with the cessation of smoking in the community.
Scope - This policy will apply to all members, visitors, staff & contractors at all licensed premises of Club Forster & the Sporties Tuncurry.
Supporting Legislation - The objectives of this policy are supported by the provisions of Smoke-Free Environment Act 2000 (NSW) NSW Smoke-Free Environment Amendment Act 2004 (NSW) Occupational Health and Safety Act 2000 (NSW) Public Health Act 1991 (NSW) Protection of the Environment Operations Amendment (Littering) Act 2000 Registered Clubs Act 1976 (NSW) Workers Compensation Act 1987 (NSW) Local Government Act (NSW).
Responsibilities - Club Forster and the Sporties Tuncurry are responsible for ensuring that this policy is observed. Job applicants are informed of the Policy at interviews. Members, visitors, staff and contractors are adequately informed about the Policy.
A copy of the Policy is available on request. All ashtrays are removed from enclosed areas. Receptacles for disposal of smoking material are provided in authorised smoking areas. Approved regulatory signage is installed and maintained throughout the premises as required. Any grievances related to the policy will be dealt with, in confidence by Club Management and staff in an expeditious manner.
Members, visitors, staff and contractors are responsible for ensuring that:
- They comply with the policy.
- They abide with all directions and instructions issued by Management and staff to comply with the policy.
- They report any breach of the policy to Management and staff.
Enforcement of the Policy - Club Management and staff will have the authority and responsibility to enforce the requirements of this policy.
Breaches - Breaches of the Policy Section 67A (1) (d1) of the Registered Clubs Act 1976 gives our Clubs authority to refuse entry and/or to eject any person from our premises if that person smokes in a smoke-free area, in breach of this policy. Any breach of this policy by a Club or staff member will be dealt with in line with the relevant disciplinary procedure of our Clubs.

REGISTERED CLUBS ACT

This Club is by law required to keep a register containing information that relates to the management and financial administration of the Club including:

A list of disclosures, declarations and returns made by the governing body and employees of the Club.
The salary bands of the Club's Top Executives.
Details of the overseas travel made by the governing body and employees of the Club.
Details of loans given by the Club to employees.
Details of certain contracts executed by the Club.
Salary details of Club employees who are close relatives of the Club's governing body and Top Executives.
Details of the payments made by the Club for consultant services.
Details of legal settlements made by the Club with a member of the governing body or employee of the Club.
Details of legal fees paid by the Club for a member of the governing body or an employee of the Club.
The Club's annual gaming machine profit.
The amount applied by the Club to community development and support AND
The Club must prepare quarterly financial statements for the governing body that incorporate:
- The Club's profit and loss accounts and trading accounts for the quarter, and
- a balance sheet as at the end of the quarter.
Members may view the register or the financial statements by written request to the Club. (Director of Liquor and Gaming)

OTHER POLICIES

DRESS REGULATIONS

All persons on the Club’s premises must comply with the Club’s Dress Standard as displayed at the Club’s premises from time to time. Management shall determine whether a person’s clothing complies with the Club’s Dress Standards. The General Manager may refuse admission to or turn out any person who does not comply with the Club’s Dress Standards.

Subject to By-Law 10.4 the following clothing must not be worn on the Club’s premises, unless approved by Management:

Swimwear
Men’s and Ladies Headwear*
Running shorts or training apparel
Abbreviated shorts
Singlets
Muscle shirts
Bare feet
Bike shorts
Bare midrif
Offensive slogans/logos
No motor cycle colours or affiliated attire

*Patrons are not permitted to wear hats or headwear of any description in the Club’s premises other than in outdoor areas and/or as required for medical, religious or other sporting occasions.

For the purpose of attending the outdoor areas work clothing may be worn, however, dirty, torn or offensive clothing is not permitted.

FOOD & BEVERAGES

Patrons are NOT permitted to bring food and beverages into the club unless prior arrangement has been made with Management.

PHOTOGRAPHS

The privacy of patrons is important. The use of all types of cameras is NOT allowed on Club premises without express permission from Management.

SHOWS & EVENTS TICKETING

Tickets for most events can be purchased In person at Club Forster's Reception, by telephoning (02) 6591 6591 or via the Club’s website.

SHOW & EVENT TICKETING TERMS & CONDITIONS:

No refunds or exchanges on tickets to any show or event unless cancelled
All shows are 18 years & over unless otherwise specified
Members & Guests must comply with dress, age and Club entry regulations.
No professional photography permitted without express permission from the artist/event management.
Mobile phones, pagers and watch alarms must be turned off in showroom.
The Club reserves the right to alter performance times, dates, artists and programmes without notice.
GENERAL ADMISSION tickets are STANDING ROOM ONLY tickets and any available seating (if any) will be on a first-come, first-served basis.
No correspondence or argument will be entered into by ticket holders if there are no available seats in a GENERAL ADMISSION show or event.
ALL AGES specifies that a parent(s) or legal guardian(s) will stay on club premises for the duration of the event, or if specified, must accompany the child to the show or event. MA+ (15 yrs+) specifies that a parent(s) or legal guardian(s) will stay on club premises for the duration of the event, or if specified, must accompany the child (15 years and over) to the show or event.
Doors open approximately half an hour prior to showtime.
Please note that Club Forster does not charge any booking, transaction or credit card fee on show tickets purchased at the club or via this website.
If tickets to any event are purchased via a 3rd party website or outlet (such as Ticketek, Oztix, Ticketmaster etc), that you may be liable for a booking and/or transaction fee.
Ticketing policies of 3rd party ticketing agents/sellers are not the responsibility of Club Forster and as such, no responsibility will be taken.
Group bookings may only be done in the one transaction.
Split buying is not permitted.

Gameshow Rules

BINGO HOUSE RULES

All Games of Bingo are played to a “Full House” unless otherwise specified by the caller.
If a player, on the completion of the announcement of a number which entitles the player to declare himself or herself a winner to the caller, fails to do so, the player is taken to have forfeited the prize in that game.
The Caller’s’ decision is final.
If an incorrect number is announced, that incorrect announcement, for the purpose of determining the winner of a Bingo game, is taken not to have been made.
If the Caller becomes aware that an error has been made in the calling and/or displaying of the numbers, he or she must immediately make an announcement correcting the error.
If 2 or more Players win a Bingo game, they share the prize as joint winners or share in an amount pre-determined by the Caller or Management.
No persons under the age of 18 years, are permitted to play regular Bingo (except when the game is advertised as KIDS’ BINGO) at anytime.
No persons over the age of 18 years, are permitted to play KIDS’ BINGO at anytime.
School age children may sit with their parent(s) or legal guardian(s) during the game, however it will be the parent(s) or legal guardian(s) responsibility to control the child’s behaviour at all times.
If a child is deemed to be unruly or uncontrollable, then the parent(s) or legal guardian(s) will be asked to leave the room with their children.
It is the players’ responsibility to play the correct coloured ticket according to the information displayed on the TV screen or announced by the Caller.
Mobile telephones are to be on silent during Bingo games.
Seats may not be reserved under any circumstances.
All patrons are to be respectful of the comfort of others by remaining quiet during all Bingo games.
It is the responsibility of the player to check tickets and change prior to leaving the Ticket Sales area, as refunds and exchanges will not be permitted.
We accept no responsibility, once a player has left the Ticket Sales area.
Due to Liquor Licensing rules and Health regulations, Food or Beverages are not to be brought onto the premises.
The Forster Tuncurry Memorial Services Club Ltd. Bingo Code of Conduct is displayed in the room where Bingo is called and must be adhered to by all patrons.
Foul language, impoliteness and/or disrespect and abuse of another player or the Caller will result in the said person being asked to leave the premises.
Games, prizes and payouts are subject to change without notice.
Forster Tuncurry Memorial Services Club Ltd. Management reserves the right to refuse admission to any person for any reason.
All decisions made by Management are final.

GAMESHOW RAFFLES LIMIT

Gameshow raffle ticket sales will now be limited to a maximum of $10 in the ONE TRANSACTION. If you wish to purchase more than $10 worth of tickets, you will be required to proceed to the end of the queue after you receive each $10 worth of tickets. This will apply to ALL GAMESHOWS.

IN-HOUSE RAFFLE POLICIES

Patrons must be over the age of 18 to participate in any promotional activities including raffles but excluding KIDS BINGO.
Patrons are reminded that as the Public Address system does not address all areas of the club, it is the Patron’s responsibility to be in a position in the club at the draw times to hear the broadcast.
If a prize remains unclaimed after two further announcements, the prize will be redrawn at the raffle conclusion.
Once you have collected your meat or seafood prize, it is your responsibility to refrigerate your meat prize at Reception or take it home directly at the conclusion of the raffle and refrigerate it immediately.
PLEASE NOTE that due to our quality assurance procedures, no refund or exchange will be offered or given once the meat has left club premises.
Board and Management will be the final arbiter on any raffle dispute.

RESERVATION OF TABLES

Members and Guests are reminded that tables and chairs in any part of the club CANNOT be reserved PRIOR to the commencement of the game. Any items such as handbags, glasses, jumpers or any other personal belongings left unattended on a table or chair will be immediately collected by staff and handed into either the bar or reception as lost property. We would appreciate that you respect this policy for the comfort and pleasure of all patrons wishing to enjoy our games and facilities in comfort.

Harm Minimisation

RESPONSIBLE SERVICE OF ALCOHOL

Responsible service of alcohol is vital for legal, health and community reasons. Our society is now less tolerant of the irresponsible use of alcohol that leads to drunkenness, drink driving and under-age drinking. We are now far more aware of the serious social problems that are associated with such behaviour. CLUB FORSTER and SPORTIES TUNCURRY (trading as the Forster-Tuncurry Memorial Services Club Ltd.) has adopted the following strategies for the Responsible Service of Alcohol:

HOUSE POLICY - providing the framework for the responsible service of alcohol.
TRAINING OF STAFF - so that they can implement and promote the house policy.
EDUCATION OF PATRONS - so that they may understand the implications of and abide by the responsible service of alcohol policy.
PREVENTION OF UNDER-AGE DRINKING.
PROMOTING SAFE TRANSPORT OPTIONS.

RESPONSIBLE GAMBLING

If gambling is a problem for you, a family member or a friend, someone to talk to is only a phone call away 24 hours a day, 365 days a year. Free calls to this number do not appear on your home or work phone bill. Think! About your choices. Call Gambling Help 1800 858 858 Website www.gamblinghelp.nsw.gov.au G-Line TTY (For hearing impaired only) - Phone: 1800 633 649

OTHER IMPORTANT CONTACTS

Gamblers Anonymous - Phone: (02) 9564 1574
Salvation Army - Phone: (02) 6554 6101
Local Gamblers Support Group - Phone: (02) 6554 8168
Wesley Mission - Phone: 1800 99 77 66

MISSION STATEMENT

VISION

Club Forster brings enjoyment to people's lives through our professional and caring approach to service whilst balancing the needs of today with the opportunities of the future.

MISSION

Club Forster & Sporties Tuncurry is in the business of providing hospitality and entertainment in the vibrant and rapidly growing area of the Mid North Coast of New South Wales. We strive to provide a first-class social venue where our local patrons and holiday visitors can enjoy good value meals, refreshments, modern gaming facilities and entertainment in a friendly, enjoyable and safe family environment. We aim to provide a culture of continuous improvement working in partnership with the club's objectives.

VALUES

Our vision is achieved through the following values:

BALANCE

Pro-actively secure our vision using innovative approaches to solve problems
Understand and provide for the needs of our members today
Develop and grow to meet the needs and wants of our future community
CareCourtesy delivered through respect of each other
Efficient service and clean facilities delivered equitably to all patrons
Being thoughtful, understand, helpful and approachable

COORDINATION

Working with the community to deliver services and events that meets its needs
Working together as a board and management team to achieve the vision through the efficient use of resources
Recognising we belong to, and work within a larger society

ENJOYMENT

Presenting ourselves as a tourism ambassador of the Great Lakes
Adopting a youthful approach to providing services and marketing
All services and staff help people feel good about themselves and create positive and fun experiences

PROFESSIONALISM

Commitment to providing consistent, confident and credible leadership
Trained professionals providing accurate and reliable service
Success through knowledge, drive and diligence

WHISTLEBLOWER POLICY

This policy does not displace, override or supplement the legislative protections afforded to whistleblowers. Parts of this policy summarise the relevant legislation applying to whistleblowers, which means that some legislative information may be absent. Therefore, a person considering a whistleblower disclosure should not rely on this policy alone to assess whether the disclosure would qualify for protection.

OBJECTIVE

The objective of this policy is to make all employees and directors aware of their lawful rights to disclose any wrongdoing; and provide protection for employees who disclose any such information.

QUALIFYING FOR PROTECTION

The Corporations Act 2001 (Cth) and other legislation provides special protections to people that disclose wrongdoing related to an organisation such as a club (whistleblowers). These protections prevent the organisation from subjecting the whistleblower to detriment, such as by dismissing, harassing or damaging the reputation of the whistleblower.

These legislative protections will apply to a person disclosing wrongdoing if three criteria are satisfied:

the person making the disclosure is an eligible whistleblower; and
the whistleblower suspects that the information being disclosed concerns wrong doing in relation to Club Forster and Sporties Tuncurry); and
the information is disclosed to a prescribed person or body (a prescribed recipient).

At the end of this section (Qualifying for Protection), the Policy describes two other avenues to qualify for protection, besides satisfying the three criteria above.

Please see the Club’s Grievance Procedure on how personal workplace or other matters that are not covered by this policy may be dealt with.

ELIGIBLE WHISTLEBLOWERS

A person is an eligible whistleblower if they are a current or former employee or director of Club Forster and Sporties Tuncurry.

A current or former volunteer staff member is also an eligible whistleblower.

The following people are also eligible whistleblowers:

a supplier to Club Forster and Sporties Tuncurry ,as well as the supplier’s staff (including volunteer staff); and
a relative or dependant of a current or former director, employee, volunteer staff member or supplier (including a dependant of the supplier’s staff). A relative or dependant includes a spouse, parent, brother, sister, grandparent or grandchild.

DISCLOSABLE MATTERS

This policy applies to the disclosure of information which a person has reasonable grounds to suspect concerns misconduct, or an improper state of affairs or circumstances in relation Club Forster and Sporties Tuncurry. This may include:

breaching Commonwealth, State or Territory legislation, or local authority by-laws;
fraud or corruption;
illegal activities or conduct (including theft, illicit drug sale/use, violence,threatened violence, or criminal damage against Club Forster and Sporties Tuncurry’s assets or property);
discrimination, vilification, sexual harassment, harassment, bullying and victimisation;
unsafe work-practices.

As noted above, a disclosure is a disclosable matter if the person making the disclosure “has reasonable grounds to suspect” wrongdoing.

Therefore, if a person discloses information about possible wrongdoing, and the allegation is ultimately found to be incorrect (i.e. the club did not in fact engage in wrongdoing), the disclosure may still qualify for protection if the person had “reasonable grounds to suspect” that the information concerned wrongdoing. However, a person who maliciously or vexatiously makes disclosures or makes disclosures which they know are false is unlikely to qualify for protection.

IS YOUR DISCLOSURE ABOUT TAX?

Disclosures about tax wrongdoing are treated differently to other disclosures. For instance, the prescribed recipients are different depending on whether the disclosable matter relates to tax.

Tax disclosures refer to wrongdoing in relation to federal tax matters, such as tax avoidance or other breaches of tax legislation. Federal tax includes income tax (also known as corporate tax), capital gains tax (CGT), Goods and Services Tax (GST) and Fringe Benefits Tax (FBT).

Taxes that are regulated by state legislation must be treated as a non-tax matter for the purposes of whistleblower rules. Taxes regulated by state legislation include gaming tax, payroll tax and land tax.

For example, if an employee wishes to make a whistleblower disclosure because they suspect that a club is deliberately underpaying payroll tax or gaming tax, the employee should make the disclosure to a prescribed recipient for non-tax matters (described below) and not a prescribed recipient for tax matters.

Alternatively, if an employee wishes to make a whistleblower disclosure because they suspect that a club is deliberately underpaying corporate tax, the employee should make the disclosure to a prescribed recipient for tax matters.

Federal tax-related disclosures must satisfy an additional ground to be a disclosable matter (in addition to the description above), being that:

the person considers that the information may assist the recipient to perform their duties in relation to taxation.

PRESCRIBED RECIPIENTS FOR NON-TAX MATTERS

The following bodies and people are prescribed recipients. Therefore, disclosing information about wrongdoing will qualify the person for whistleblower protections, as long as the other two criteria are met (the person is an eligible whistleblower and the information is a disclosable matter):

an employee's direct manager or supervisor;

a director or senior manager of Club Forster and Sporties Tuncurry;

Club Forster and Sporties Tuncurry ‘s internal or external auditor (or a member of the external audit team) and actuary;

the Australian Securities and Investments Commission (ASIC); or the Australian Prudential Regulation Authority (APRA).

PRESCRIBED RECIPIENTS FOR TAX MATTERS

The following bodies and people are prescribed recipients for disclosures related to federal taxes:

Commissioner of Taxation;
an employee’s direct manager or supervisor;
Club Forster and Sporties Tuncurry’s internal or external auditor (or a member of the external audit team);
a registered tax agent or BAS agent who provides services to Club Forster and Sporties Tuncurry;
a director or senior manager of Club Forster and Sporties Tuncurry; or
any employee or director with tax-related responsibilities.

OTHER AVENUES TO QUALIFY FOR PROTECTION

Satisfying the three criteria above is one avenue for a prospective whistleblower to qualify for protection. There are two other avenues to qualify, as they may relate to Club Forster and Sporties Tuncurry:

the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the whistleblower matter;
the disclosure is an emergency disclosure, because it satisfies each of the below criteria (this avenue does not apply to a tax-related matter):

the person has previously made a disclosure qualifying for protection;
a reasonable period of time has since passed;
there is a risk to public health or safety if the information is not acted on immediately; and
the person notifies Club Forster and Sporties Tuncurry in writing that they intend to make an emergency disclosure; and
the disclosure is made to a State, Territory or Commonwealth member of Parliament or a journalist.

PROTECTIONS AVAILABLE TO WHISTLEBLOWERS

If a person discloses information which qualifies for whistleblower protection, the below legal protections will apply. These protections will apply to internal whistleblowers (such as employees, volunteer staff and directors) as well as external whistleblowers (such as suppliers or relatives of club staff). Given these legislative protections, Club Forster and Sporties Tuncurry is legally obligated to ensure these protections:

identity protection (confidentiality);
protection from detriment;
compensation and other remedies; and
protection from legal liability.

CONFIDENTIALITY

Club Forster and Sporties Tuncurry recognises that maintaining appropriate confidentiality is crucial in ensuring that prospective whistleblowers come forward and make disclosures in an open and timely manner and without fear of reprisals being made against them.

It is illegal for Club Forster and Sporties Tuncurry or any other person to identify a discloser or distribute information likely to lead to the discloser being identified.

In the following instances, Club Forster and Sporties Tuncurry may lawfully disclose the identity of the whistleblower:

to ASIC, APRA or the Australian Federal Police;
to a legal practitioner (to obtain legal assistance);
if the prospective whistleblower consents.

Club Forster and Sporties Tuncurry or a person investigating the whistleblower complaint may also disclose information about the complaint, which could lead to the person’s identity being deciphered, if the person’s name is redacted and the investigator has taken all reasonable steps to prevent the whistleblower’s identification.

Note: Whistleblowers may complain to ASIC if their confidentiality has been breached. In appropriate cases, disclosure of the identity of the whistleblower, or the allegation made by them, may be unavoidable, such as if court proceedings result from a disclosure pursuant to this policy.

PROTECTION FROM DETRIMENT

The following types of detriment to a whistleblower are unlawful:

terminating the whistleblower’s employment;
altering characteristics of the whistleblower’s employment, such as their position or duties;
harassing or intimidating the whistleblower;
damaging the whistleblower’s reputation, property or financial position;
injuring or harming the whistleblower (including psychological harm).

Club Forster and Sporties Tuncurry may take adverse action against a whistleblower if the disclosure reveals that the whistleblower engaged in misconduct.

If a disclosure qualifies for protection under the applicable legislation, the protection afforded to the discloser overrides any provision of their employment contract, including any confidentiality clause. If the whistleblower was involved in the conduct which was the subject of the disclosure, the fact that the whistleblower has made the disclosure may be taken into account in determining the severity of the disciplinary measures, if any, that may eventually be taken against such whistleblower.

COMPENSATION AND OTHER REMEDIES

A whistleblower is entitled to seek compensation and other relief through the courts if:

they suffer detriment due to making the disclosure; and
Club Forster and Sporties Tuncurry failed to prevent the detriment.

PROTECTION FROM LEGAL LIABILITY

A whistleblower is protected from the following outcomes:

legal action being commenced against the whistleblower, such as for breach of confidentiality or any other obligations in their employment contract or elsewhere;
criminal prosecution, such as for unlawfully releasing information; and
administrative action,for example, a BAS agent cannot be sanctioned or disciplined under the accounting profession’s code of conduct due to making a whistleblower disclosure.

HOW THE CLUB WILL SUPPORT WHISTLEBLOWERS

HOW THE CLUB WILL SUPPORT CONFIDENTIALITY

As noted earlier in this Policy, Club Forster and Sporties Tuncurry is legally obligated to take steps to maintain a whistleblower’s confidentiality. Where necessary, Club Forster and Sporties Tuncurry will take the following actions to protect a whistleblower’s confidentiality

redact the whistleblower’s name, personal information and information which could lead to the identification of the whistleblower, in any written material which describes the disclosure;
the whistleblower will always be referred to in a gender-neutral context;
where possible, Club Forster and Sporties Tuncurry will contact the whistleblower to ascertain certain information which could cause another person to identify the whistleblower (for example, there may be unique characteristics about how and when the whistleblower discovered information about the wrongdoing, and if these characteristics are disclosed, it may cause another person to identify the whistleblower);
documents or information relating to the investigation will not be sent to a printer or email address that can be accessed by other staff.

HOW THE CLUB WILL PREVENT DETRIMENT

Club Forster and Sporties Tuncurry will also take steps to prevent the whistleblower from experiencing any detriment, including:

move the whistleblower to another team or position (with the whistleblower’s consent);
after a whistleblower complaint is made, senior managers and directors privy to the complaint, may meet to assess the risk of detriment to the whistleblower and actions to mitigate that risk;
if detriment has already occurred – intervening to protect the whistleblower, such as by taking disciplinary action against a person responsible for the detriment.

Any reprisals against a whistleblower are a serious breach of this policy and may result in disciplinary action, including dismissal. Where the Club becomes aware of any reprisals against a whistleblower for complying with this policy or the legislation, the Club will take steps to either overturn, or deem void,the decision or action. This protection applies to anyone providing information related to an investigation pursuant to this policy.

HANDLING & INVESTIGATING A DISCLOSURE

REPORTING

Club Forster and Sporties Tuncurry has several channels for reporting wrongdoing. In the first instance, any person who has reasonable grounds to suspect that a breach of a law or other standard of behaviour has occurred, is encouraged to report that suspicion to the General Manager, or in his absence, the Assistant General Manager.

If this is considered inappropriate, the person should raise the concern with the President, by phone or email, or in writing. You may also raise the matter with any director or senior manager of Club Forster and Sporties Tuncurry.

If neither of these channels are considered appropriate, disclosures may be made to the Club’s auditor at HMM Accountants & Business Consultants, via:

Email: acct@hmm.com.au
Postal address: 1st Floor, Forster Tower, 12-16 Wallis Street, Forster, NSW, 2428
Telephone: (02) 6554 7955

Where an allegation of wrongdoing relates to Club Forster and Sporties Tuncurry’s tax affairs, a person may qualify for protection by disclosing the allegation to other recipients; the Commissioner of Taxation or a registered tax agent or BAS agent(this may be the Club’s Administration & Finance Manager).

All disclosures should provide specific, adequate and pertinent information with respect to, among other things, dates, places, persons, witnesses, amounts, and other relevant information, in order to allow a reasonable investigation to be conducted.

If the whistleblower discloses his or her name, the person receiving the disclosure will acknowledge receipt of the disclosure and may initiate a follow-up meeting. However, if the disclosure is submitted on an anonymous basis, there will be no follow-up meeting regarding the disclosure and Club Forster and Sporties Tuncurry will be unable to communicate with the whistleblower if more information is required,or if the matter is to be referred to external parties for further investigation.

All disclosures received will be dealt with on a confidential basis.

HANDLING A DISCLOSURE

A person who receives a disclosure cannot circulate your identity to other staff without your consent. For instance, if you lodge a whistleblower complaint to your direct manager, your manager will not circulate your identity to the General Manager or any senior manager without your consent. If you do not consent, your manager may circulate the complaint to the General Manager or other senior managers in such a way that maintains your confidentiality.

After receiving a disclosure, Club Forster and Sporties Tuncurry will assess whether:

the disclosure qualifies for protection; and
a formal investigation is required.

In conducting this assessment, Club Forster and Sporties Tuncurry may seek professional legal advice.

If a person makes a disclosure in good faith, and Club Forster and Sporties Tuncurry subsequently concludes that the disclosure does not qualify for protection, the Club may choose to protect the discloser’s confidentiality, and protect the discloser from detriment, despite the absence of legislative protections.

INVESTIGATING A DISCLOSURE

Any investigation in relation to a disclosure will be conducted promptly and fairly, with due regard for the nature of the allegation and the rights of the persons involved in the investigation. A disclosure will not be investigated by persons implicated in the wrongdoing.

The purpose of investigating the disclosure is to determine whether there is enough evidence to substantiate or refute the allegation. Accordingly, during the investigation, Club Forster and Sporties Tuncurry may request additional information from a whistleblower, to attain sufficient evidence to make this assessment.

Investigating a disclosure may also require Club Forster and Sporties Tuncurry to seek outside assistance of a technical, financial or legal nature.

Club Forster and Sporties Tuncurry will ensure that, provided the disclosure was not made anonymously, the whistleblower is kept informed of the outcomes of the investigation of his or her allegations, subject to the considerations of privacy of those against whom allegations are made.

The findings resulting from an investigation will be documented and circulated to the board and senior managers, in accordance with Club Forster and Sporties Tuncurry’s obligation to maintain the whistleblower’s confidentiality.

In addition to protecting the whistleblower’s confidentiality, Club Forster and Sporties Tuncurry may also choose not to circulate the findings of the investigation to persons implicated in the wrongdoing.

INDIVIDUALS MENTIONED IN A DISCLOSURE

Club Forster and Sporties Tuncurry will take steps to ensure the fair treatment of individuals mentioned in a disclosure, including where those individuals are implicated in wrongdoing.

Club Forster and Sporties Tuncurry will adhere to the principles of natural justice in taking any disciplinary action against persons implicated by a whistleblower disclosure. This means that the implicated person will be advised about the substance of the disclosure prior to any actions being taken

Club Forster and Sporties Tuncurry will also take reasonable steps to protect the confidentiality of persons implicated in a whistleblower disclosure.

HOW THE POLICY WILL BE MADE AVAILABLE

This policy will be given to all employees and directors of Club Forster and Sporties Tuncurry when their employment or tenure commences.

This policy will also be made available via the Club’s website: www.clubforster.com.au and the Club’s electronic noticeboard located in the foyers of Club Forster and Sporties Tuncurry.

For further information about this policy please contact the General Manager.

POWERED AND NON-POWERED MOBILITY AIDS - POLICY AND PROCEDURES - 26TH APRIL 2020

1. POLICY

Club Forster and Sporties Tuncurry “The Club” is committed to providing a safe and healthy workplace,facilities, services and activities for our staff, patrons, visitors, contractors and the general community.

This Policy is an extension of this commitment and as such, the Club has placed mandatory restrictions on uses of powered and non-powered mobility aids at the Club.

This policy applies to the following equipment:

Mobility Impaired Scooters (all kinds);
Wheelchairs (Manual and Electric);
Walking Frames;
Crutches; and
Walking Sticks.

This Policy has been developed with consideration to legislation, organisational procedures and a risk management approach.

2. OVERVIEW

2.1 PURPOSE

The purpose of this Policy and Procedure is to establish mandatory requirements for the use of motorised and non-motorised mobility aids and to provide so far as reasonably practicable a safe and healthy environment for our workers, visitors, contractors and patrons of The Club.

2.2 SCOPE

This policy and procedure applies to all staff, contractors, visitors and patrons, visiting or utilising the Club's facilities.

3. RESPONSIBILITIES

3.1 MANAGEMENT

Management will aim to –

Ensuring that this Policy is implemented within their areas of responsibility;
Ensuring that Security employed by the Club are fully versed in the requirements of this Policy, before commencement of work at the Club;
Ensuring that all staff under their control are trained in the administration of this Policy;
Ensuring that this Policy is reviewed periodically;
Ensure that this Policy is communicated to all existing staff and this forms part of the induction process for new employees;
Ensure the provision of an adequate number of alternative forms of transport (in- house wheelchairs or other) are available at the Club for use by patrons that cannot bring their motorised scooter into the Club;
Ensure that visual inspections of any alternative transport supplied by the Club is undertaken prior to patron use;
Ensure that all alternative methods of transport supplied by the Club is fit for purpose and is in good mechanical working order;
Ensure patrons on motorised mobility aids park their vehicle in the designated parking area at the front of the Club;
Complete and forward all Incident Reports to Executive Management for action and investigation in the event of a breach of this policy;
Assist with investigations as required;
Ensure that injured/ill staff, contractors, visitors and patrons receive the appropriate care and medical treatment in the event of an incident involving mobility impaired equipment;
Escalate any notifiable incident relating to the provisions of this Policy to the General Manager;
Co-operate with emergency services and other government agencies as required;
Facilitate an atmosphere of respect and act as a conduit of communication in the event that this policy is breached by a Carer or Mobility Impaired Person;
Act in a courteous manner when discharging the requirements of this Policy;and
Ensure that all staff (including security personnel) are adequately supervised, to ensure that the requirements of this Policy are discharged in a professional and sensitive manner.

3.2 SECURITY STAFF WILL AIM TO -

Ensure that this Policy is adhered to at all times;
Ensure that breaches of this Policy are reported in the first instance to a Club Supervisor for initial action;
Act in accordance with this Policy if requested by Club Forster & Sporties Tuncurry Staff of Management in the following ways:
Ensure that all staff under their control are trained in the administration of this Policy;
Ensure that the content of this Policy is explained to patrons on request and at the time of a incident breach occurring;
Ensure that incidents relating to the discharge of this Policy are handled appropriately with consideration to the sensitivity and nature of the incidents;
Ensure all incidents are reported immediately or as soon as being made aware of the incident to Management of the Club;
Assist as required in the undertaking of an Incident Report as required;
Ensure that complaints in relation to this Policy and Procedure are forward to Management;
Ensure at the request of Management that patrons on motorised mobility aids park their vehicle in the designated parking area at the front of the Club; and
Co-operate with emergency services and other government agencies;

3.3 STAFF

Staff will aim to –

Ensuring that this Policy is adhered to at all times;
Undertaking training in regard to this Policy;
Ensure that all incidents are reported immediately or as soon as being made aware of an incident on the Club's approved form;
Cooperate with Management and other staff in the conduct of Incident Reporting and implementation of suitable control measures;
Assist as required with any Incident Investigation; and
Act as a first point of contact with regard to communicating with mobility impaired patrons and their carers that are found to be in breach of this policy.

3.4 CLUB'S BOARD

Club’s Board aim to:

Allocate sufficient resources, to ensure the implementation and maintenance of this Policy so it may be discharged; and
Ensure that the General Manager is held accountable for the implementation of this Policy.

3.5 PATRONS/VISITORS/GUARDIAN/CARER

It is the responsibility of the patron/visitor to:

Ensure that if not allowed to be operated in the Club that their vehicle is parked safely in the designated area, as appropriate to the patrons condition;
Gain assistance from their guardian or carer when transferring from their mobility impaired device to a device provided by the Club as alternative transport;
Not block or impede access to designated emergency exits with their vehicle at any time; and
Adhere to the requirements outlined in this Policy.

4. PROCEDURES

4.1 RESTRICTIONS

Mobility Scooter use at the Club is restricted due to:

Other patron safety: Small children and elderly patrons frequent the Club,exhibiting unpredictable behaviour, slow reaction times, etc.
Limited space: the Club has been designed primarily for foot traffic and small mobility devices (i.e. wheelchairs, Zimmer and walking frames, etc.).
Patron safety: Limited space allowances as mentioned above can prove unsafe for some mobility scooters to navigate. Mobility impaired devices poorly placed can also pose a risk of trip hazards and collision with others when coming around blind corners.

Mobility Scooters deemed not admissible into The Club will be at the complete discretion of management or reception staff upon entry, however will be based on mobility impaired equipment that may impede foot traffic, block passageway, block emergency egress paths and the like

RESTRICTIONS ON SMALL MOBILITY SCOOTERS

Small Mobility Scooters are permitted to enter and be used at the Club during the patron’s stay with some restrictions. These restrictions are as follows:

SPEED LIMITATION

Any small mobility scooter must travel at a speed less than that of an ordinary walking pace (approximately 5km/h).
Any small mobility scooter found to be exceeding the restricted speed will be stopped and offered an alternative means of transport (as listed below).

ACCOMMODATIONS

Parking for the mobility scooter is accommodated outside the main entrance of the Club.
Any patron entering the Club on a restricted mobility scooter will be offered an alternative means of transport during their stay on the premises.
A number of powered and non-motorised wheelchairs are available for patron use on entry to the Club at no charge.
Transfer from the mobility scooter to the wheelchair, and back again, is the responsibility of the patron and his/her guest/carer.

LIABILITY

Whilst every care is taken to ensure the safety and security of a patron’s stored mobility scooters, the Club takes no responsibility for loss or damage to the mobility scooter whilst parked, stored or used on Club premises.
To ensure the safety of the patron,it is the responsibility of the patron and his/her guest/carer to accommodate all transfers between personal mobility to club mobility devices and return. The Club is not liable for any injuries during any such transfer.
Reception Staff will, if requested, offer and provide if requested an alternative form of loaned club mobility aid whilst a patron uses the facilities at the Club.
The alternative mobility aid is to be visually inspected by the person responsible for providing the transport prior to the patron using it.
The Carer or Guardian of the patron will be responsible for assisting the patron in and out of the mobility aid provided by the Club. At no time is a Club Staff allowed to assist a mobility impaired patron into the loaned club mobility aid.

RESTRICTIONS ON MEDIUM/LARGE MOBILITY SCOOTERS

Medium/Large mobility scooters are not permitted to enter the Club under any circumstances.
Accommodations are made for patrons who visit the Club on a medium/large mobility scooter, to use the loaned Club small mobility scooter.
Patrons entering the Club who have a medium/large mobility scooter will be asked to leave their vehicle at the designated parking area.
It is the responsibility of the owner/user of the mobility scooter to ensure that the vehicle is parked safely within the boundaries of the designated parking area.
Parking of mobility scooters is provided outside the main entrance to the Club.

4.2 REASONABLE ADJUSTMENTS

Patrons on any form of motorised mobility scooter requesting to enter the Club, may be offered by the Club an alternative mobility aid at no charge.
Non-motorised wheelchairs are available within the Club.

Note: The Club will not be held responsible for damage or theft of a patron’s mobility scooter on Club premises.

4.3 PATRONS ON OR USING NON – MOTORISED MOBILITY AIDS

Persons using non-motorised aids in and around the Club and premises will ensure that the following is observed at all times:

Not place device or equipment in areas likely to cause a trip hazard.
Not place the device or equipment in an area where collision could occur such as a blind corner etc.
Not place devices in access or egress pathways.
Not place device or equipment in front of doorways.

Persons using non-motorised mobility aids will follow all reasonable instructions issued by staff and security at the Club at all times.

4.4 PATRONS ON MOTORISED WHEELCHAIRS

Persons using motorised wheelchairs in and around the Club and premises will ensure that the following is observed at all times:

Observe speed limits.
Take care when travelling around the Club;
Take care and slow down when rounding a corner.
Not place device or equipment in areas likely to cause a trip hazard.
Not place the device in an area where collision could occur such as a blind corner etc.
Not place devices in access or egress pathways.
Not place equipment in front of doorways.

Persons using motorised wheelchairs will follow all reasonable instructions issued by staff and security at the Club at all times.

4.5 DANCE FLOOR ACCESS

All patrons have access and use of the dance floor on Club approved mobility aids at their own risk.

4.6 BREACH PROCEDURES

In the event that a person is found to be in breach of this Policy the following will be undertaken:

Obstruction Trip Hazard Breach

A copy of this policy may be provided to the patron.

A staff member will approach the patrons and politely ask them to move the equipment to a more suitable location.
For repeated breaches the patron may be asked to leave the Club at the discretion of management.The patron may be required to explain their actions before the Club's Disciplinary Sub-Committee.

4.7 REVIEW AND UPDATE

This Policy is to be reviewed annually or when an incident deems a review necessary.

5. RECORDS

Records of all incident, issues and complaints will be maintained and filed by Management.