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.
Our commitment to child safety
Our organisation is committed to child safety.
We want children to be safe, happy and empowered. We support and respect all children, as well as our staff and volunteers.
We are committed to the safety of all children.
We have zero tolerance of child abuse, and all allegations and safety concerns will be treated very seriously and consistently with our robust policies and procedures.
We have legal and moral obligations to contact authorities when we are worried about a child’s safety, which we follow rigorously.
Our organisation has robust recruitment practices for all staff and volunteers.
We have policies, procedures and education in place that support our staff and volunteers to achieve these commitments.
If you believe a child is at immediate risk of abuse phone 000.
Our staff and volunteers
This policy guides our staff and volunteers on how to behave with children in our organisation.
Children should never be left unsupervised in the care of toy library staff or volunteers. Parents/guardians should always supervise their children at the toy library. Wherever feasible toy libraries should implement the ‘two-person rule’ – ensuring there are two people present when the toy library is open.
All of our staff and volunteers must agree to abide by our code of conduct, which specifies the standards of conduct required when working with children.
Our organisational culture aims for all staff and volunteers to feel confident and comfortable in discussing any allegations of child abuse or child safety concerns. Education is important to ensure that everyone in our organisation understands that child safety is everyone’s responsibility. All staff receives training on our code of conduct.
Any inappropriate behaviour will be reported through appropriate channels, including the relevant government department or police, depending on the severity and urgency of the matter.
Training and supervision
Training and education is important to ensure that everyone in our organisation understands that child safety is everyone’s responsibility.
Our organisational culture aims for all staff and volunteers (in addition to parents/carers and children) to feel confident and comfortable in discussing any allegations of child abuse or child safety concerns. We train our staff to identify, assess, and minimise risks of child abuse and to detect potential signs of child abuse.
New employees and volunteers will be supervised regularly to ensure they understand our organisation’s commitment to child safety and that everyone has a role to play in protecting children from abuse, as well as checking that their behaviour towards children is safe and appropriate (please refer to this organisation’s code of conduct to understand appropriate behaviour further). Any inappropriate behaviour will be reported through appropriate channels, including the, relevant government department or police depending on the severity and urgency of the matter.
We take all reasonable steps to employ appropriately skilled people to work with our members. We develop selection criteria that clearly demonstrate our commitment to child safety and an awareness of our social and legislative responsibilities.
We carry out reference checks and working with children checks for any paid staff members to ensure that we are recruiting the right people. Please see the Working with Children Check website for further information
Fair procedures for personnel
The safety and wellbeing of members is our primary concern. We are also fair and just to personnel. The decisions we make when recruiting, assessing incidents, and undertaking disciplinary action will always be thorough, transparent, and based on evidence.
We record all allegations of abuse and safety concerns using our incident reporting form, including investigation updates. All records are securely stored.
If an allegation of abuse or a safety concern is raised, we provide updates to children and families on progress and any actions we as an organisation take.
All personal information considered or recorded will respect the privacy of the individuals involved, whether they are staff, volunteers, parents or children, unless there is a risk to someone’s safety. We have safeguards and practices in place to ensure any personal information is protected. Everyone is entitled to know how this information is recorded, what will be done with it, and who will have access to it.
Our organisation takes our legal responsibilities seriously, including:
Failure to disclose: Reporting child sexual abuse is a community-wide responsibility. All adults in Victoria who have a reasonable belief that an adult has committed a sexual offence against a child under 16 have an obligation to report that information to the police.
Failure to protect: People of authority in our organisation will commit an offence if they know of a substantial risk of child sexual abuse and have the power or responsibility to reduce or remove the risk, but negligently fail to do so.
Any personnel who are mandatory reporters must comply with their duties.
In Victoria, organisations are required to protect children when a risk is identified (see information about failure to protect above). In addition to general occupational health and safety risks, we proactively manage risks of abuse to our children.
We have risk management strategies in place to identify, assess, and take steps to minimise child abuse risks, which include risks posed by physical environments (for example, any doors that can lock), and online environments (for example, no staff or volunteer is to have contact with a child in the organisation on social media).
This policy will be reviewed every two years and following significant incidents if they occur. We will ensure that families and children have the opportunity to contribute. Where possible we do our best to work with local Aboriginal communities, culturally and/or linguistically diverse communities and people with a disability.
Allegations, concerns and complaints
Our organisation takes all allegations seriously and has practices in place to investigate thoroughly and quickly.
We work to ensure all families, staff and volunteers know what to do and who to tell if they observe abuse or are a victim, and if they notice inappropriate behaviour.
We all have a responsibility to report an allegation of abuse if we have a reasonable belief that an incident took place (see information about failure to disclose above).
If an adult has a reasonable belief that an incident has occurred then they must report the incident. Factors contributing to reasonable belief may be:
A child states they or someone they know has been abused (noting that sometimes the child may in fact be referring to themselves)
Behaviour consistent with that of an abuse victim is observed
Someone else has raised a suspicion of abuse but is unwilling to report it
Observing suspicious behaviour.
All staff, volunteers and committee members of Moonee Valley Toy Libraries are required to observe child safe principles and expectations for appropriate behaviour towards and in the company of children, as noted below.
All personnel of Moonee Valley Toy Libraries responsible for supporting the safety, participation, wellbeing and empowerment of children by:
adhering to Moonee Valley Toy Libraries child safe policy at all times / upholding Moonee Valley Toy Libraries statement of commitment to child safety at all time
taking all reasonable steps to protect children from abuse
treating everyone with respect
listening and responding to the views and concerns of children, particularly if they are telling you that they or another child has been abused and/or are worried about their safety or the safety of another
promoting the cultural safety, participation and empowerment of children with culturally and/or linguistically diverse backgrounds (for example, by having a zero tolerance of discrimination)
promoting the safety, participation and empowerment of children with a disability (for example, during personal care activities)
ensuring as far as practicable that adults are not left alone with a child
reporting any allegations of child abuse to Moonee Valley Toy Libraries Child Safety Officer Nicole Bourke (President) / leadership, and ensure any allegation to reported to the police or child protection
reporting any child safety concerns to Moonee Valley Toy Libraries Child Safety Officer Nicole Bourke (President) / leadership
if an allegation of child abuse is made, ensure as quickly as possible that the child(ren) are safe
Staff and volunteers must not:
develop any ‘special’ relationships with children that could be seen as favouritism (for example, the offering of gifts or special treatment for specific children)
exhibit behaviours with children which may be construed as unnecessarily physical (for example inappropriate sitting on laps. Sitting on laps could be appropriate sometime, for example while reading a storybook to a small child in an open plan area)
put children at risk of abuse (for example, by locking doors)
engage in open discussions of a mature or adult nature in the presence of children (for example, personal social activities)
use inappropriate language in the presence of children
express personal views on cultures, race or sexuality in the presence of children
discriminate against any child, including because of culture, race, ethnicity or disability
have any online contact with a child or their family (unless necessary, for example providing families with e- newsletters)
ignore or disregard any suspected or disclosed child abuse.
By observing these standards you acknowledge your responsibility to immediately report any breach of this code to
Moonee Valley Toy Libraries Child Safety Officer Nicole Bourke (President)/ leadership.
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