In applying for membership of the Moonee Valley Toy Library Inc., members agree to abide by these Rules and its Constitution and to indemnify the Library, its committee, members and staff against all loss or liability, however caused, arising from any borrowing of any toys or other items.
As part of membership responsibilities, members agree to participate in roster duties and/or the annual stocktake as required.
Members agree to pay the fines and fees as per the current schedule.
All members must use helmets while riding toy library balance bikes or scooters. Helmets are available from the toy library. If a toy library helmet is not borrowed with the balance bike or scooter it is the member’s responsible to provide their own helmet and ensure it is worn during use. Members agree to the terms of the waiver, release and indemnity for bicycles and scooters (see waiver below).
Members are responsible for the toys they borrow. This includes but is not limited to the correct use of the toy, the age of the child playing with the toy, taking care with small parts and magnets, and taking care to ensure toys aren’t left outside in the elements.
Toys need to be returned in the condition that they were borrowed and with all pieces intact and the toy cleaned.
Members agree to receive communications by email, including notices of meetings.
The Moonee Valley Toy Library ("Provider") is pleased to make bicycles and scooters available to subscribers ("the Service").
As a subscriber to the Service you acknowledge that there are dangers and risks inherent with bicycle and scooter riding (the “Activity”) to which any child under your supervision ("Your Child") may be exposed. It is your responsibility to ensure that Your Child wears a helmet at all times and is otherwise appropriately attired when participating in the Activity. You agree that Your Child will participate in the Activity at your own risk. You also agree to voluntarily assume responsibility for supervising the Activity and any injury, death or property damage you or Your Child may suffer or cause as a result of participating in the Activity.
To the maximum extent possible at law, you (both in your personal capacity and on behalf of Your Child) agree to release, hold harmless and indemnify the Provider and its respective officers, employees, servants, agents and contractors (the “Indemnified Persons”) against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by the Indemnified Persons or any one or more of them by reason of, or in respect of, or in any manner whatsoever arising out of, or caused by, your use of the Service or Your Child's participation in the Activity.
You agree that you are subscribing to the Service on the express condition that the Provider:
(a) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to you, Your Child or any of your servants, agents, contractors, visitors or invitees or any other person whatsoever (“Related Party”) which may happen as a result of your use of the Service or Your Child participating in the Activity; and
(b) will not incur or be under any liability whatsoever to you, Your Child, or to any Related Party for any loss, damage or injury to or in respect of any of your property or of any Related Party’s property.
The Provider is not liable to you, Your Child or any Related Party in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity of an indirect or consequential nature including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
Moonee Valley Toy Library is committed to promoting and protecting the interests and safety of children. We have zero tolerance for child abuse. We are thereby committed to complying with the National Principles for Child Safe Organisations and all the compulsory minimum standards for organisations that provide services used by children and young people, to help protect children from harm.
Everyone working at Moonee Valley Toy Library is responsible for the care and protection of children and reporting information about child abuse.
The purpose of this policy is to:
Moonee Valley Toy Library is committed to promoting and protecting the best interests of children involved in its service, and to providing a child-safe and child-friendly environment for all children and young people who engage with the organisation. Our organisation is committed to complying with the National Principles for Child Safe Organisations and state child safety standards to help protect children and young people from harm.
All children, regardless of their gender, race, religious beliefs, age, disability, sexual orientation, or family or social background, have equal rights to protection from abuse. We have zero tolerance for child abuse, and all allegations and safety concerns will be treated very seriously and consistently with our policies and procedures.
Everyone working at Moonee Valley Toy Library is responsible for the care and protection of the children using our services and reporting information about suspected child abuse.
Child protection is a shared responsibility between the Moonee Valley Toy Library and all staff, contractors, volunteers, associates, and members of our community.
We will consider the opinions of children and use their opinions to develop child protection policies.
We respect all children and young people and support them to be safe, happy, and empowered.
We are committed to the cultural safety of children, and pay particular attention to the safety and cultural safety of the following groups of children, in recognition of their increased vulnerability, and diverse and unique identities and experiences:
Our approach to child safety
In continuing to implement and promote a child-safe system of work, we will:
All staff, contractors and volunteers are responsible for the safety and wellbeing of children and young people who engage with our organisation. All staff, contractors and volunteers are expected to act in accordance with our Code of Conduct in their physical and online interactions with children and young people under the age of 18 years.
The committee of management has ultimate responsibility for the detection and prevention of child abuse and is responsible for ensuring that appropriate and effective internal control systems are in place. The committee of management is also responsible for ensuring that appropriate policies and procedures and a Code of Conduct are in place.
The President is responsible for:
All committee of management members and toy library managers must ensure that they:
Staff and session leaders should be familiar with the types of abuse that might occur within a toy library environment and be alert for any indications of such conduct.
All staff, volunteers and contractors share responsibility for the prevention and detection of child abuse, and must:
Child means a child or young person who is under the age of 18 years.
Child protection means any responsibility, measure or activity undertaken to safeguard children from harm.
Child abuse means
Child sexual assault is any act which exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards. Sexually abusive behaviours can include the fondling of genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or any other object, fondling of breasts, voyeurism, exhibitionism, and exposing the child to or involving the child in pornography. It includes child grooming, which refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child to lower the child’s inhibitions in preparation for sexual activity with the child.
Non-member volunteers are people volunteering at the toy library who are not members of the toy library.
Reasonable grounds for belief is a belief based on reasonable grounds (see below) that child abuse has occurred when all known considerations or facts relevant to the formation of a belief are taken into account and these are objectively assessed. Circumstances or considerations may include the source of the allegation and how it was communicated, the nature of and details of the allegation, and whether there are any other related matters known regarding the alleged perpetrator.
A reasonable belief is formed if a reasonable person believes that:
A “reasonable belief” or a “belief on reasonable grounds” is not the same as having proof, but it is more than mere rumour or speculation.
A “reasonable belief” is formed if a reasonable person in the same position would form the belief on the same grounds. For example, a “reasonable belief” might be formed if:
Session leaders are volunteers who run toy library opening sessions that involve supervising other volunteers.
Supervisor is a person overseeing the work of a staff member, volunteer or contractor. This could be a toy library manager, session leader or President depending on the individual’s role.
Toy librarian is anyone paid to work in a toy library.
Toy library manager is a senior toy librarian who has other staff reporting to them.
Children should never be left in the care of toy library staff or volunteers. Parents/guardians must always supervise their children at the toy library, so that two adults will be present when there are children (other than staff/volunteer’s own children) in the toy library.
Moonee Valley Toy Library will ensure that child safety is a part of its overall risk management approach.
Recruitment of paid staff
Moonee Valley Toy Library’s recruitment approach, including referee checks and pre-employment screening, emphasises child safety and wellbeing in line with our commitment to promoting child safety. This process aims to:
All relevant staff must have a current Working with Children Check and we undertake thorough reference checks.
Once engaged, staff must review and acknowledge their understanding of this policy and our Code of Conduct.
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Guidance note – In Victoria , Toy library volunteers 18 and over require a WWCC except if they are a parent or close family member volunteering in the same activity their child is participating, or normally participates in. |
Moonee Valley Toy Library is committed to ensuring that staff, contractors and volunteers have access to appropriate induction and ongoing training in relation to their child safety responsibilities, including our child safety policies and procedures and the Code of Conduct.
Training will be available through Toy Libraries Australia for staff and volunteer leaders. This training will include how to identify, assess and minimise the risk of child abuse and detect potential signs of child abuse.
All staff, volunteers and contractors are responsible for reporting child safety concerns to their supervisor (e.g. toy library manager or session leader) or the President as soon as possible after receiving such information or forming a belief that a child is at risk.
In situations where the supervisor is suspected of involvement in the activity, or if the person having the suspicion does not believe that the matter is being appropriately addressed or dealt with, the matter should be reported to the President.
Supervisors must report complaints of suspected abusive behaviour or misconduct to the President.
If any staff member or contractor has a reasonable belief that reportable conduct may have occurred, then they must report the incident to the President directly and immediately. If the incident potentially involves a criminal offence, the incident must also be reported to the local police station or by calling 000 after consulting with the President if reasonably practicable.
Reportable conduct includes the following incidents:
Where a law enforcement agency is seeking to investigate child safety concerns, staff members, contractors and volunteers must co-operate to the best of their ability.
Our President can be contacted by email at president@mvtoylibrary.org.au or by phone on phone.
If the appropriate child protection service or the police decide to investigate a report, all employees, contractors or volunteers must co-operate fully with the investigation.
Whether or not the authorities decide to conduct an investigation, the President will consult with the authorities to determine whether an internal investigation is appropriate. If it is decided that such an investigation will not conflict with any proceeding of the authorities, the President may decide to conduct such an investigation. All employees, contractors and volunteers must co-operate fully with the investigation.
Any such investigation will be conducted according to the rules of natural justice including the right to be heard, the right to be treated without bias, and a decision being based on relevant evidence.
The President will make every effort to keep any such investigation confidential; however, from time-to-time other staff and volunteers may need to be consulted in relation to the investigation.
After an initial review and a determination that the suspected abuse warrants additional investigation, the President shall coordinate the investigation with the appropriate investigators and law enforcement officials. Internal or external legal representatives will be involved in the process as deemed appropriate.
If it is alleged that staff member, contractor or volunteer may have committed an offence or breached the organisation’s policies or its Code of Conduct, the person concerned may be stood down (with pay, where applicable) while an investigation is conducted.
Standing down of a staff member, contractor or volunteer during an investigation does not imply that the individual has committed an offence or breached the organisation’s policies or its Code of Conduct and should not be considered as a disciplinary action.
If the investigation concludes that on the balance of probabilities an offence (or a breach of the organisation’s policies or Code of Conduct) has occurred then disciplinary action may follow, up to and including dismissal or cessation of involvement with the organisation.
Moonee Valley Toy Library will respect the privacy of the individuals involved unless there is a risk to someone’s safety. We will have safeguards and practices in place to ensure that any personal information considered or recorded remains confidential. Information will be provided to relevant authorities in compliance with State, territory or federal law as required.
In accordance with privacy laws, everyone is entitled to know how the personal information will be recorded, what will or can be done with it, and who may be able to access it.
Every two years, and following every reportable incident, a review shall be conducted to assess whether the organisation’s child protection policies or procedures require modification to better protect the children under the organisation’s care.
This policy must be read in conjunction with:
Staff, volunteers and contractors at Moonee Valley Toy Library are required to abide by this Code of Conduct.
Moonee Valley Toy Library recognises, respects and promotes its responsibilities to keep children safe from abuse, and commits to ensuring the safety of children as a first priority. We value diversity and will not tolerate child abuse or discriminatory practices.
The Code of Conduct aims to protect children and reduce opportunities for child abuse or harm to occur. It is intended to complement Moonee Valley Toy Library’s other related policies.
The Code of Conduct applies to the broad range of situations where interaction with children and young people may occur in the delivery of our services, including through digital technology and social media.
The President, will:
All people involved in toy library services will:
Staff, volunteers and contractors shall work to prevent discrimination and actively promote the participation and inclusion of all children, recognising in particular:
Staff, volunteers and contractors shall not:
Consequences of breaching the Child Safety Code of Conduct
A breach of this Code of Conduct by a staff member, contractor or volunteer may result in disciplinary action being taken against them in accordance with our policies, including and up to termination of employment or cessation of engagement or membership with the organisation.
In addition, matters that indicate potential criminal conduct may be reported to police for investigation.