AUC & NZPUCSafe Place Adjudication Committee: Terms of Reference – Revisions (mostly Section 5) for the AUC Ltd BODs Nov 2011.

SAFE PLACE ADJUDICATION COMMITTEE

TERMS OF REFERENCE

DOCUMENT IMPLEMENTATION

Version 2012.01AUC & NZPUC (Same)

Date document adopted by motion of the AUC Ltd Board of Directors: 24 / 11 / 2011

Recommended Review frequency: two yearly

Next Review scheduled for: November 2012

SAFE PLACE ADJUDICATION COMMITTEE

TERMS OF REFERENCE

1 MEMBERSHIP

1.1 Three people, representative of both genders, one of whom must be an “Experienced Lawyer” (see definitions), as members.

1.2 The three members will elect a chairperson, by consensus.

2RESERVES

2.1 Where one or more members are unavailable, a Reserve/s may be appointed as a member for the purpose of constituting the committee to enable it to preside over a case.

2.2 The appointment of a Reserve as a member will be done at the direction of the Safe Place ServicesManagement Committee (SPS MC).

2.3 There will be at least two reserves, representative of both genders.

3 QUORUM

3.1 Three members, representative of both genders, one of whom must be an Experienced Lawyer.

4 LINE OF ACCOUNTABILITY

4.1 The Safe Place Adjudication Committee(SPAC) is accountable to the Seventh-day Adventist Church (Australian Union Conference) Limited and itsBoard of Directors, through the SPS MC and ADCOM.

5 TERMS OF REFERENCE

5.1 The Safe Place Adjudication Committee is a duly appointed tribunal of the Church to make findings on complaints alleging:

  1. Any form of sexual misconduct, consisting ofsexually inappropriate behaviour, sexual abuse, sexual exploitationor sexual assault (as defined in the Church’s Creating A Safe Place Policy) of child/ren byChurch Worker (employee), regardless of the date the conduct was alleged to have occurred.
  1. Any form of sexual misconduct, consisting of sexually inappropriate behaviour, sexual abuse, sexual exploitation, sexual assault or sexual harassment (as defined in the Church’s Creating A Safe Place Policy and any other relevant Church Policy) of an adult by a Church Worker (employee), regardless of the date the conduct was alleged to have occurred.
  1. Spiritual abuse (as defined in the Church’s Creating A Safe Place Policy), against anyone.
  1. Ministerial abuse (as defined in the Conference Safe Place Policy), against anyone.
  1. Other forms of conduct outlined in workplace documents, against anyone, including but not limited to the following (examples): Letters of Appointment; Position Profiles or Job Descriptions; any applicable Code of Ethics or Code of Conduct; any applicable Workplace Manual or Office Manual; any document signed by the PSOA indicating their awareness of workplace standards and expectations of Church Workers; the Church Manual.
  1. Any form of sexual misconduct, consisting of sexually inappropriate behaviour, sexual abuse, sexual exploitation or sexual assaultof children by an attendee or volunteer. In some situations the adjudication of such cases may be deferred to the SPAC bylocal Conference Administration or aDepartment, Church Body, Affiliated Entity, Safe Place Committee,or Board of Directors/Executive Committee of the Church. A Case may be deferred due to factors such as the complexity of the case; difficulty achieving a quorum; or a real or perceived conflict of interest.

5.2 Receive anddetermine findings based on Investigation Reports, forwarded by Safe Place Services through the Complaints and Investigations Coordinator, in line with Church policy and these Terms of Reference.

5.3 Consider the preliminary findings of the Investigation Report and request that the Investigatorundertakeadditional inquiries and provide an updated Report, if considered necessary.

5.4 Assess the evidence for the complaint in accordance with the principles of natural justice by:

  1. Ensuring that the Investigator has provided the person subject of allegation (PSOA) with the details of each allegation.
  1. Ensuring that the Investigator has provided the PSOA with the opportunity to respond to each allegation.
  1. Ensuring that the Investigator has made a preliminary finding for each allegation.
  1. Interviewing the PSOA, complainant, victim or any person relevant to the case to further clarify, gather or assess evidence, as required.
  1. The SPAC may interview the PSOA, complainant, victim or any person relevant to the case, directly in person,in order to consider their oral testimony.

If a person wishes to have either legal representation or a support person present, when giving their oral testimony before the SPAC, such legal or support person will be admitted only at the discretion and invitation of the SPAC and shall only be permitted to speak if asked to do so by the SPAC. The person giving oral testimony may take breaks, if required, to speak privately with their legal or support person.

  1. Providing the PSOA with the preliminary findings of the investigation and allowing them to make any further comment or submit other information to the SPAC, within 7 days.
  1. Considering all the information from the investigation, the preliminary findings of the Investigator, and any further submission by the PSOA, complainant, victim or person relevant to the case, before making a final finding.
  1. Ensuring that the SPAC’s decision is free from actual or apparent bias.
  1. Determining, on the balance of probabilities, the final findings from the following:
  • False.
  • Vexatious.
  • Misconceived.
  • Not sustained.
  • Sustained.

5.5 Make recommendations about appropriate action, in view of the findings, and provide the PSOA or Victim the opportunity for the right of submission, prior to the finalisation of applicable recommendations.

The SPAC may make one or more recommendations from the following to a relevant Church authority:

  1. That the PSOA undertake a specified period and type of counselling.
  1. That the PSOA be suspended from office or employment or from performing the function as the case may be for such period determined by the relevant Church authority.
  1. That the authority of the PSOA be revoked or annulled.
  1. That the PSOA’s contract of employment (if any) be terminated.
  1. That the PSOA cease to hold any office then held.
  1. That the PSOA’s holding of office or employment or performance of the function as the case may be, shall be subject to such conditions or restrictions as the relevant Church authority may specify.
  1. That the operation of a determination shall be suspended for such period and upon such conditions as the relevant Church authority shall specify.
  1. That the PSOA participate in a conciliation or mediation process with a specified person or persons.
  1. That the PSOA make an apology to a specified person or persons.
  1. That the PSOA be admonished.
  1. That the PSOA undergo retraining of a specified nature.
  1. That the PSOA make reparation of a specified nature to a specified person or persons.
  1. Any other recommendation as it sees fit.

5.6 Recommendations of a risk-management nature, made by the SPAC, mayexpire after a 10-year period subject to a review by a Conference Safe Place Committee in consultation with SPS and the relevant employing entity. Recommendations regarding the future employment of a PSOA or other party may be effective indefinitelyor as described in the recommendation itself. The obligation of the Church to manage potential risk and maintain a safe environment is paramount in relation to the longevity of recommendations.

5.7 Refer matters that may arise regarding implications for: Church systems, policiesand proceduresto the Safe Place ServicesManagement Committee, via the Chairperson or Complaints Coordinator.

5.8 Communicate the findings and recommendations to the InvestigationCoordinator, Safe Place Services.

The Investigation Coordinator will communicatethe findings and specific recommendations to parties involved, including relevant Church administrators, Affiliated Entities, or a Church authority, as applicable. The communication of the finding to the PSOA, complainant and victim, where applicable, will include written notice of the outcome. This notice willadvise that a Review of the SPAC’s finding may be lodged within 21days, if it is believed that any of the following apply:

  1. The rules of “natural justice” were not adhered to.
  1. The policies and procedures of the Church were not observed, where they ought to have applied.
  1. The SPAC did not have jurisdiction to hear the case.

5.9A request for a Review of the SPAC’s finding, as outlined in 5.8, is to be sent to the General Secretary of the applicable Union. The Investigation and Complaints Coordinator, Safe Place Services, will ensure that the Reviewer is provided with all materials related to the case to enable the Review to be undertaken.

The Review of the SPAC’s finding will review only the written documents, submissions and transcripts of the case. The Review will consider the grounds for review, but will not consider any fresh oral evidence from any party.

5.10 A review of the SPAC’s finding by the Reviewer is the final avenue of review available within the Church’s investigative process. The outcome of a SPAC Review will be the Church’s final finding.

5.11In line with Church Policy, a positive finding from the SPAC will be included on the Church’s National Child-Safe Database. The PSOA will be advised of this by Safe Place Services. It should also be noted that Church policy facilitates persons being added to the Child-Safe Database on the basis of an assessment of risk, as a separate and independent process, to any outcome or finding made by the SPAC.

5.12If a PSOA resigns from employment during the Church’s investigation, or has ceased to be employed by the Church since the alleged abuse occurred and the complaint was lodged, the Church is committed to making a finding on the allegation. In such cases, the SPAC may decide to make a recommendation, if the allegation is sustained, about the Church’s future employment of the person or their appointment to a child-related role, should they apply or otherwise be considered for such.

5.13Recommendations made by the SPAC are communicated to the relevant parties involved in the case by Safe Place Services. The SPAC has no responsibility for the implementation of any recommendation it makes. The responsibility to consider and implement recommendations rests with the relevant Church authority, Affiliated-Entity, Department, Division, Union, Conference, Local Conference Safe Place Committee or Local Church. The SPAC will not be liable for a failure of the Church-at-large,or specifically, to implement a recommendation, if a claim for negligence or damages arises.

5.14 All documents relating to the case, including the Investigator’s Report and SPAC findings, will be kept on file by Safe Place Services. Church administration, a Local Conference Safe Place Committee, a Department or an Affiliated Entity of the Church, as relevant, will be provided with necessary documents to enable them to consider and implement such recommendations. When documents are made available, they will generally be prepared in a manner that protects the privacy of the complainant involved in the case so far as practical. It is usually necessary for the identity of the PSOA to be disclosed, as they are the party that may be subject of specific recommendations.

The original documents will be archived in secure storage at Safe Place Services in accord with the Policy of Record Keeping. It is necessary to keep these files in case they are subpoenaed by a Court or required for an examination of the Church’s handing of an allegation or complaint. All requests to access documents should be directed to SPS. Church administration, a Local Conference Safe Place Committee, a Department or an Affiliated Entity of the Church, should advise any party inquiring about access to a document to do so through the SPS investigation coordinator.

5.15If the need arises, direct any suggested amendments to these Terms of Reference to the InvestigationCoordinator, for these to be considered by the Safe Place ServicesManagement Committee (SPS MC) andsubmitted to ADCOM for approval if recommended.

6 APPOINTMENT

6.1 Potential candidates for membership of the SPAC, and reserves, will be sourced by the Safe Place ServicesManagement Committee (SPS MC). These names will be forwarded to ADCOM for approval and appointment to membership and reserve, as applicable.

6.2 Potential candidate(s) for the role of SPAC Reviewer will be sourced by the SPS MC. Candidate name(s) will be forwarded to ADCOM for approval and appointment. The SPAC Reviewer will be an Experience Lawyer.

6.3In the event that a case involves personnel from New Zealand, and this impedes, or is thought likely to impede the effectiveness of the SPAC making a finding or otherwise processing the case, the NZPUC Executive Committee may appoint three suitable persons, one being an experienced lawyer, to act as a duly appointed Tribunal of the Church to make a finding on that case. The Investigation Coordinator, Safe Place Services, will discuss this with the General Secretary of the NZPUC, or relevant Conference, Department, Church-Affiliated Entity or authority, if it is anticipated that this could be the case. The case documents will be forward to the duly-appointed Tribunal when the Complaints and Investigations Coordinator, Safe Place Services, is advised of the Tribunal’s appointment and composition by the General Secretary of the NZPUC.

7 TERM OF APPOINTMENT

7.1 Appointment to the SPACas a member, or reserve,will be for a period of Two Years. Two Years may be extended to include the time it takes for the appointment or reappointment of members or reserves to occur. A member, or reserve, may be reappointed to serve for consecutive periods.

8THE ROLE OF THE SPAC IN THE CHURCH’S INVESTIGATIVE PROCESS

8.1 See the followingDiagram:

For an explanation of definitions and terms used herein refer to the AUC and NZPUC document (2012)Creating A Safe PlacePolicyand the local Conference (2009) Safe Place Policy.

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