In the case of a violation of the Code of Conduct, or any other concerns or disputes, the following processes will be put in place:
1 Dispute Resolution Mechanism
Should a dispute arise, (a) between members or (b) between one or more members and the Association, the parties must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party.
1.1 Initial Process for Dispute Resolution
In order to facilitate this process:
- Either party (now termed the complainant/reporter) is encouraged to raise their concern with the nominated club member who is designated by the Executive Committee to address the concern.
- The complainant/reporter may raise their concern with whomever they feel most comfortable talking to.
1.1.1 Nominated Club Representatives in the Production Context
- The Director or Production Team Member of a show (e.g., Designers, Choreographers, Musical Directors, Vocal Coach, etc.)
- The Stage Manager
- The Production Liaison Officer
- The Cast Welfare Officer (if applicable)
- The Production Manager
- The Club President
- Any member of Darlington Theatre Player’s Executive Committee
1.1.2 Alternate Contacts
If the complainant/reporter believes their issue hasn’t been or cannot be suitably addressed by the Club representatives or if a crime has been committed, they are advised to contact:
- The Independent Theatre Association of Western Australia
- Police/relevant authorities.
1.1.3 Nominated Club Representatives Outside the Production Context
- The appropriate Area Manager (e.g., Production Manager, Front of House Manager, Wardrobe Manager, Bookings Officer, Building Manager, Public Relations Manager, etc.)
- The Club President
- The Club Vice President
- Any other Member of the Executive Committee or its sub-committees.
2 Reporting Method
The complainant/reporter may opt to communicate their grievances either verbally or in writing.
3 Nominated Club Representative’s Role
The nominated Club representative will listen without judgement to the concerns raised by the complainant/reporter. The representative will determine whether the issue can be resolved at their ‘level’ or if escalation is needed. Immediate and confidential escalation to the Club President is mandatory in cases of:
- Sexual Misconduct
- Child Protection
- Bullying and harassment
4 Confidentiality and Reporting Procedures
The First Point of Contact Club Nominated Club Representative will notify the complainant/reporter that at least one other Nominated Club Representative will be apprised of the complaint to ensure proper handling and for advice if required. Anonymity can be requested by the complainant/reporter (except in major incidents, which are escalated to the Club President).
This representative will discreetly, with strict confidentiality, and upon request, without naming involved parties, inform another Nominated Club Representative of the incident. Confidentiality is to be maintained by all involved.
5 Minor Incident or Grievance Management Process
5.1 First Point of Contact
5.1.1 The Nominated Club representative will address the concern/dispute and advise to the best of their capacity so that both parties can resolve the issue within 14 days.
5.1.2 If this advice is deemed to be outside of the capacity of the Nominated Club representative, they are to inform the Production Liaison Officer (unless it is the PLO, then they will inform the Production Manager – see Complaints Management Flowchart for Chain of Command).
5.1.3 A record of the complaint will be kept by the Club. (In strict confidentiality and for legal purposes only).
5.1.4 A meeting/discussion may be scheduled/undertaken in order to address the complaint/dispute. This may be conducted with the Nominated Club Representative with both parties.
5.1.5 Discussions with all parties involved may take place and a resolution will be attempted to be made.
5.1.6 In the case that the issue cannot be resolved within 14 days, the Nominated Club Representative will escalate the complaint to any one of the PLO, The Production Manager, the Club Vice President, who will, in turn, inform the Club President. (Second Point of Contact).
5.1.7 The Club President will be informed of the concern and the processes that were undertaken by the First Point of Contact Nominated Club Representative.
5.1.8 The Club President will undertake discussions with all relevant parties. A formal meeting may be necessary to resolve the concern and manage the complaint. In the case of a formal meeting, all parties concerned are permitted to have a support person present and at least one other member of the Club Executive Committee are to be present.
5.1.9 The Club President will inform the Executive Committee if a concern/dispute has not been resolved.
5.1.10 The Club President will attempt to manage the complaint and reach a resolution that all parties agree upon.
5.2 Grievance Procedures
5.2.1 If the Issue has not been resolved by both parties working with The First Point of Contact Nominated Club Representative, and then the Club President after 14 days, then either party may start the grievance procedure by giving written notice to the Executive Committee nominating the parties and the nature of the dispute.
5.2.2 Within 28 days after the Executive Committee is given the notice, an Executive Committee meeting must be convened where the dispute will be considered. All parties will be given at least 7 days’ notice of the time and date of this meeting.
5.2.3 If the Executive Committee deems it necessary, advice from the Independent Theatre Association may be sought.
5.2.4 If the Executive Committee deems it necessary, legal advice may be sought.
5.2.5 At the Executive Committee meeting convened for this purpose, the committee must- (a) give each party to the dispute a reasonable opportunity to make oral and/or written submissions about the dispute. (b) give due consideration to any submissions made and determine a resolution.
5.2.6 The committee must within 7 days give written notice of the determination and the reasons for that determination.
5.3.1 Any member suspended or expelled, or any party to a dispute, may within 14 days from receipt of the committee’s determination may request the appointment of a mediator.
5.3.2 The mediator will be, (a) A person agreed to by the committee and the suspended or expelled member. (b) A person agreed to by the parties in the dispute.
5.3.3 Where possible at least two trustees should act as the mediators.
5.3.4 If there is no agreement, then the Committee will appoint a mediator.
5.4 Mediation Process
5.4.1 The parties to the mediation must attempt in good faith to settle the matter that is subject to mediation. The parties must give the mediator(s) a written statement of the issues that need to be considered in mediation at least 7 days prior to the mediation taking place.
5.4.2 In conducting the mediation, the mediator(s) must – a) give each party to the mediation every opportunity to be heard; and b) allow each party to the mediation to give due consideration to any written statement given by another party; and c) ensure that natural justice is given to the parties to the mediation throughout the mediation process.
5.4.3 The mediator cannot determine the matter that is the subject of the mediation, but must report back to the Executive Committee any outcome or recommendations arising from mediation.
5.4.4 The mediation must be confidential, and any information given at the mediation cannot be used in any other proceedings that take place in relation to the matter that is the subject of the mediation.
5.4.5 Any costs of the mediation are to be paid by the party or parties to the mediation that requested the appointment of the mediator.
6 Major Incident Management Process
A Major Incident will be considered to fall under one of the following categories:
- Sexual Misconduct
- Child Protection
- Bullying and harassment
- Occupational Safety and Health (major breach)
6.1 Where a Major Incident has occurred, it will be referred immediately to the Club President with confidentiality and respect by the Nominated Club Representative.
6.2 The Club President will inform the members of the Executive Committee that a Major Incident has been reported. An emergency meeting of the Executive Committee may be scheduled.
6.3 The Executive Committee and Club President may seek legal advice and/or advice from The Independent Theatre Association as to how to proceed.
6.4 The Club President will ensure that further action will be taken in order to investigate the complaint/report. The matter will be treated with confidentiality and respect for all parties concerned.
6.5 Confidential records will be maintained by the Club of any Major Incident reports, their processes, and their outcomes.
6.6 If a participant is determined to be in breach of the Code of Conduct the Club President will use their discretion, with consultation from The Executive Committee and other relevant third parties, to:
- Issue a warning to the said individual and/or
- Terminate membership, and/or
- Remove and/or ban said Player from the show or venue and/or
- Proceed with Police or other relevant authority involvement.
For any queries please direct questions to the Club President or Production Manager.