Policies, Terms & Conditions - South Australia's leading Actors Agency

Policies, Terms & Conditions

1.0 Child Safe Environment Policy

Preamble

Actors Ink & Essential Talent is committed to providing a child safe environment that protects children from abuse and harm. This policy explains how Actors Ink & Essential Talent demonstrates compliance with the Children's

Protection Act 1993 (SA), and the Child Safe Environments: Principles of Good Practice and the Standards for dealing with information obtained about the criminal history of employees and volunteers who work with children.

Scope

This policy applies to all Actors Ink & Essential Talent staff and contractors.

Definitions

Abuse/neglect refers to sexual, physical or emotional abuse, which causes or puts the child at risk of serious physical, psychological or emotional harm.

Act refers to the Children's Protection Act 1993 (SA).

Child refers to a person aged under 18 years.

Criminal history assessment refers to a decision about whether a person is suitable to work with children based on any relevant criminal history and the assessed risk of harm to children who receive the service.

Direct supervision refers to a supervisor's ongoing physical presence.

Exempt parties or activities refer to exemptions specified in the Act that limit its

applicability.

Harm to children is a result of abuse or neglect. It includes serious harm to physical,

psychological or emotional well?being.

Mandatory notification refers to the process of reporting suspected abuse/neglect of a

child, supported by reasonable suspicions.

Natural Justice refers to a set of principles designed to promote fairness. The principles

Include:

- all parties to a dispute must be given an the opportunity to

present their case;

 

- a respondent to allegations must receive proper notice of and

information about the allegations; and

 

- a reasonable time?frame within which to respond;

 

- the decision maker must declare any conflict of interest, act

fairly and without bias, and consider and base any decision on

the information before him/her;

 

- all parties must be informed of the decision maker's decision

and the reasons for the decision.

Prescribed function refers to:

- regular contact with children or regular work in close

proximity to children without direct supervision; or

 

- supervising or managing persons in positions that involve

regular contact or close proximity with children; or

 

- accessing education records relating to children.

Prescribed position refers to a position, the duties of which include a prescribed function.

Risk assessment refers to a process of evaluating potential risks of harm to children or an individual child.

Staff refers to a person performing work for Actors Ink & Essential Talent under a contract of service or as a volunteer and extended to include an independent contractor performing work for Actors Ink & Essential Talent under a contract for services or any other person engaged in providing retail or other services to the Actors Ink & Essential Talent or to members of the public within the Actors Ink & Essential Talent premises.

Policy and Procedures

1.1 Responsibilities

1.1 The Office Manager is the Responsible Officer for ensuring that Actors Ink & Essential Talent complies with the Act. Where the Office Manager position is vacant, the Responsible Officer will be any person authorised by the Managing Director (Richard Laidlaw) to undertake that role.

 

1.2 Legislative Obligations

1.2.1 The Act applies to Actors Ink & Essential Talent as an organisation that provide entertainment, tuition or recreational services. While Actors Ink & Essential Talent does not provide services wholly to children, many of its activities include interaction with children.

1.2.2 The Act requires Actors Ink & Essential Talent to ensure that a criminal history assessment is undertaken before a person can occupy or be appointed to a prescribed position. In the first instance, all positions are considered to be prescribed positions by Actors Ink & Essential Talent, unless evaluated by the Responsible Officer and subsequently approved by the Richard Laidlaw as a non prescribed position.

1.2.3 The Act provides that Actors Ink & Essential Talent may require a criminal history assessment to be undertaken at any time for any person who is occupying a prescribed position or undertaking prescribed functions.

1.2.4 The Act requires Actors Ink & Essential Talent to implement a procedure for reporting child abuse or neglect.

1.2.5 The Act requires Actors Ink & Essential Talent to establish and maintain child safe environments.

 

1.3 Training and Awareness

1.3.1 Actors Ink & Essential Talent will provide child protection training and/or information to ensure that the facility is a child safe environment. Training may be provided in various ways, including under a general induction program, internal communication, or external providers.

1.3.2 From time to time, staff and volunteers may be directed to attend training. This may include Responding to Abuse and Neglect – Education and Care training (RAN?EC).

1.3.3 All Actors Ink & Essential Talent staff should actively participate in training that is relevant to their role.

 

1.4 Notification of abuse or neglect

1.4.1 While mandatory reporting applies only to parties in prescribed positions, a shared moral responsibility to contribute to a child safe environment applies to all employees and contractors working for Actors Ink & Essential Talent .

1.4.2 If, in the course of carrying out their work, a Actors Ink & Essential Talent staff member forms a reasonable suspicion that a child is being or has been abused or neglected, that person must

report their suspicion to the Families SA Child Abuse Report Line as soon as possible by telephoning 13 14 78 or submitting an online report.

1.4.3 The report must include a statement of observations, information and opinions on which the person's suspicion is based.

1.4.4 The person must also report their suspicions to the Office Manager if the suspicions relate to another Actors Ink & Essential Talent staff member. Actors Ink & Essential Talent may take action in accordance with relevant policies or instruments as applicable.

1.4.5 Actors Ink & Essential Talent also ensure that employees have access to relevant information resources such as:

We ensure that support is also available for the employee making the report, particularly where an ongoing service is provided to the child, young person and their family. 

 

1.5 Criminal history assessments

1.5.1 Where Actors Ink & Essential Talent is required to obtain information about a person's criminal history and no exemptions apply, it will do so by obtaining a criminal history assessment and letter of clearance from the Department of Communities and Social Inclusion screening unit or other accredited agency.

1.5.2 The criminal history assessment may include information about charges or convictions for offences committed in South Australia or elsewhere. The authorised screening unit may use this information to notify Actors Ink & Essential Talent of the relevant person's suitability for child?related employment.

1.5.3 In lieu of undergoing a criminal history assessment, Actors Ink & Essential Talent may accept a criminal history assessment conducted within the preceding three years by another organisation. The criminal history assessment must have been obtained for the purpose of working with children in a comparable role. Actors Ink & Essential Talent may also elect to obtain a criminal history report and conduct the assessment itself. If these alternative methodologies are used, the assessment process will be consistent with the requirements of the Families SA document entitled Child Safe Environments: Standards for dealing with information obtained about a person’s criminal history.

 

1.6 Recruitment

1.6.1 It will be a condition of appointment to a position at Actors Ink & Essential Talent for a person to undergo a criminal history assessment. The requirement to undergo a criminal history assessment will be clearly stated in the position description, advertisement, selection process, or employment contract.

1.6.2 When deciding whether to appoint a person to an available position, Actors Ink & Essential Talent will consider the level of risk of harm to children posed by an adverse criminal history assessment. Actors Ink & Essential Talent will also take into account personal, contextual, and situational factors when determining the risk of harm. The criminal history assessment will be undertaken at the final stage of the recruitment process.

1.6.3 If a criminal history assessment cannot be obtained prior to making an offer to appoint, the preferred candidate will be required to sign a statutory declaration relating to their suitability to work with children. The candidate may then be appointed, but will be prohibited from carrying out any prescribed functions until the criminal history assessment has been received. If the assessment is adverse to the candidate, the appointment may be terminated immediately without notice on the basis that the candidate provided false or misleading information under his or her statutory declaration.

1.6.4 At any time before or after appointing a person to a prescribed position, SAISF may request further information about the person's criminal history assessment from the person or the organisation that provided the assessment. If this further information changes the perceptions about risk of harm to children, SAISF may terminate the appointment.

1.6.5 Any decision to terminate an appointment based on receipt of an adverse criminal history assessment will be made subject to the principles of natural justice.

1.6.6 While evidence of criminal history unrelated to a risk of harm to children will not automatically preclude a person from obtaining or maintaining employment at Actors Ink & Essential Talent, The management of Actors Ink & Essential Talent reserves the right to decide whether or not to engage or retain an individual to work with children or at all.

 

1.7 Transitional Arrangements

1.7.1 Where an existing staff member is required to undergo a criminal history assessment and the results of that assessment are adverse to the staff member, the staff member will be provided with an opportunity to respond, in accordance with the principles of natural justice.

1.7.2 If the Management determines that the adverse assessment means that the staff member is not suited to perform his or her position, the Office Manager will determine the appropriate action to take, in accordance with any applicable procedures under the relevant industrial agreement.

1.7.3 Existing staff who refuse to undergo a criminal history assessment may not continue in a prescribed position or move to a different prescribed position. Duties of these staff will be prescribed and designed by the Office Manager such that there will be no unsupervised contact between the staff member and a child or group of children. The Office Manager will consider then provide recommendations to the Managing Director on available industrial options to resolve the matter.

1.7.4 Existing staff who do not have a current criminal history assessment must arrange to have one undertaken within 1 week of being advised by the School Administrator, Agency Directors or a person authorised by Richard Laidlaw. In these circumstances, the Office Manager may elect to receive the national police checks and perform the criminal history assessment his / herself.

 

1.8 Changes to Duties/Functions

1.8.1 From time to time, a position that is was evaluated and approved as a non?prescribed position may attract new compliance obligations under the Act. Staff should notify the Office Manager if they are involved in any work that may require proximity to, contact with, or access to information about children, and comply with any directions subsequently given.

 

1.9 Costs

1.9.1 Criminal history assessments remain current for a period of three (3) years. Staff are required to meet the costs of and undergo further criminal history assessments at intervals no later than three years from the date an assessment was last obtained, to maintain their currency. Where a criminal history assessment is being requested for the first time under this policy, Actors Ink & Essential Talent will meet costs for staff on salary and volunteers but not sub contractors.

1.9.2 The following criminal history assessment costs must be met by the person concerned, and will not be met by Actors Ink & Essential Talent:.

a) assessment required as a condition of a person's professional registration;

b) assessment required for successful appointment to a prescribed position at Actors Ink & Essential Talent.

 

1.10. Record Keeping

1.10.1 Criminal history assessment records are stored in a secured location for a maximum period of three months, and can be accessed only by authorised staff. After three months, assessment reports are destroyed.

1.10.2 Actors Ink & Essential Talent retains confirmation that a criminal history assessment has been obtained for relevant positions, a statement of how an individual's criminal history assessment affected decision?making about that person's suitability to work with children, and applicable statutory declarations.

1.10.3 Staff must notify Actors Ink & Essential Talent of changes to the currency of their criminal history assessment as soon as practicable.

 

1.11 International Applicants

1.11.1 International applicants must comply with any directions given by Actors Ink & Essential Talent Management for providing evidence that demonstrates suitability to work with children that could be used in lieu of a criminal history assessment.

 

1.12. Exempt parties

1.12.1 The Regulations under the Act exempt certain persons from the requirement to undergo a criminal history assessment. Actors Ink & Essential Talent requires evidence of exempt status:

The exemptions and evidence accepted by Actors Ink & Essential Talent include:

1. a person who undertakes work on a voluntary basis to provide a service and who is under 18 years of age (proof of age);

2. a person who undertakes work in the course of, or for the purposes of, an event or activity that takes place over a period of not more than 10 consecutive days or not more than 1 day in any month (registered member of recognised Association or Club);

3. a person appointed as a police officer (evidence of currency of appointment);

4. a person who is a registered teacher (within the meaning of the Teachers

Registration and Standards Act 2004) (registration evidence);

 

2. MAKE UP / MISSED CLASS POLICY

2.1 Actors Ink does not offer make up classes or reimburse fees for classes missed by students for any reason.

2.2 Classes be cancelled by Actors Ink will be rescheduled or reimburse by Actors Ink

2.3 Actors Ink reserves the right cancel / reschedule classes at any time throughout the term / semester.

 

3. REPRESENTATION POLICY

3.1 GRANT OF RIGHTS - By signing the Actors Ink registration form I hereby grant to Actors Ink the absolute and irrevocable right and permission to represent the registered student. In exchange for representation Actors Ink will take a commission outlined on the registration form from the gross amount of the job payment. The student further authorizes Actors Ink without restriction to use a photograph or recordaed footage taken during classes to market the student and therefore give full permission to use this material throughout the world, in respect of the photographs and/or video footage (“the material”) that it has, or has had taken of the registered student or in which the student may be included with others: To use, publish, reproduce, digitise, edit, modify, distribute in print and online, publicly display online, share via social media, and publicly perform the same, in whole or in part, individually or in conjunction with other photographs or videos, in any and all media now or hereafter known, for illustration, website, promotion, unless non representation box is ticked on the registration form.

3.2 RELEASE - By signing the Actors Ink registration form, I hereby release and discharge Actors Ink from any and all claims and demands arising out of or in connection with the use of the photographs or footage, including without limitation any and all claims for defamation, invasion of privacy, and misappropriation of my right of publicity. I hereby by waive any claim that I may have to inspect or approve any images, products or copy in connection with any of the material.

3.3 COPYRIGHT MATERIAL -  By signing the Actors Ink registration form, I acknowledge that I have no claim to the copyrights in the material. The copyright owners have the right to copyright the material in their own names or otherwise and to use, assign, and license the material throughout the world, including any rights I might have.

3.4 REPRESENTATIONS -  I have read the foregoing and fully understand the contents thereof section Representation Policy
This release shall be binding upon me and my heirs, legal representatives and assigns. I further release Actors Ink from any responsibility for injury incurred during any and all past, present or futures photography and/or video sessions and activities.

 

4. INJURY/MEDICAL POLICY

4.1 It is the student’s responsibility to notify their tutor in the event of injury/medical condition, prior to class.

4.2 Basic first aid is available to every student. Due to government regulations we are unable to provide anyone with Panadol or equivalent medication.

4.3 In the unlikely event of injury requiring treatment by a doctor, an ambulance will be called to the studio. Any parent opposed to this should advise this on enrolment. Every effort will be made to contact the parent if this situation arises.

 

5. END OF YEAR PERFORMANCE POLICY

5.1 Students attending classes in term 4 are encouraged to perform  in the year end performances, but is not compulsory.

5.2 All students performing in the end of year concert are required to supply their own costume / props for performance if required. The tutors will work with students to create costumes / props if required based on what students are able to provide.

6. LIMIT OF LIABILITY POLICY

6.1 Actors Ink do not exclude or limit –


(a) the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this clause 7 to be void; or
(b) direct losses and damages which arise only as a result of Actors Ink’s gross negligence (which means where Actors Ink commits an act or allows an omission to occur in reckless disregard the consequences of the act or omission).

6.2 Except where clause 6.1 applies, Actors Ink excludes all statutory liability, tortious liability (including but not limited to liability in negligence), the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the attendance at class, including, but not limited to, liability for gross negligence and except to the extent of clause 6.1(a), Actors Ink is not responsible or liable for any indirect consequential or economic damages.


7. CONSENT POLICY

7.1 Although acting has a very low risk of injury the risk is always present. Acting can at times require physical contact either by other students or tutors and the tutor or assistant tutor may have to assist your child’s understanding of an action, posture or position by physical contact e.g. holding hands in a circle; lifting, correcting posture. You consent to employees, sub-contractors, contractors and directors of Actors Ink having contact with your child in this regard.

7.2 Should your child hurt him/herself, you consent to employees, sub-contractors, contractors and directors of Actors Ink to attend to your child whilst Actors Ink staff wait for the nominated guardian to take over.

7.3 Your child’s enrolment into an Actors Ink class is voluntary and participation in the class and the activities of acting. In some cases acting can be physical and involve numerous risks of injury, including but not limited to muscle strains, sprains and falls and you are aware these are risks for your child as outlined in clause 7.

7.4. You must inform Actors Ink  of any injuries, medical conditions and allergies suffered by your child when filling in the Medical Form.

7.5 Students are not permitted to attend class until a Registration form and Medical Form have been filled in and received by Actors Ink

8. CLASS ATTIRE POLICY

8.1 All students must be appropriately dressed for class with the correct footwear.

8.2 All students must be appropriately groomed for class, with their hair tied back securely.. Male students should have their hair off their face.

8.3 Any student dressed or groomed inappropriately will be asked to improve their appearance when next attending.

9. SOCIAL MEDIA POLICY

This is to clearly define our expectations and guidelines for students engaging in social media that relates to Actors Ink the business, tutors and students.

  • You must be clear and ensure all information is factual and accurate.
  • Any information must respect individuals and the studio.
  • Information must not damage the Actors Ink brand or any tutor or students reputation or bring disrepute in

10. VIEWING CLASSES POLICY

Actors Ink does not permit anyone to view classes. It’s essential the students feel comfortable to try new styles, techniques, moves or concepts without distraction from on lookers.

Parents are invited to attend the last 15 minutes of their child’s final class in terms 1, 2 and 3.

 

11. LOST PROPERY POLICY

11.1 Actors Ink does not supply lockers therefore it’s important students look after their valuables at all times. Dance bags are permitted in the studio and stored in a designated corner of the room.

11.2 Actors Ink accepts no responsibility for lost or stolen items.

11.3 A lost property box is located upstairs in the waiting room.

 

12. MOBILE PHONES/ PHOTOGRAPHY / FOOD POLICY

12.1 Mobile phones / devices are to be switched off prior to the commencement of class.

12.2 Filming or taking photographs is prohibited ion class without the permission of the tutor or ETPAA staff.

12.3 There is to be no food or drink, other than water to be taken into the studios.

 

13. HOT WEATHER POLICY

Actors Ink will not cancel classes due to hot weather or humidity.

13.2 Activities in classes on days exceeding 40 degrees will be minimized.

13.3 It is the personal responsibility of students to observe the following guidelines on days over 40 degrees.

            - Be aware of the weather forecast on the day of classes

            - Bring personal supply of water

            - Drink water before, during and after class

            - Wear clothing which allows easy evaporation of sweat

            - Bring spray bottle containing water and / or hand towel to spray on face / body

            - Advise tutors prior to and during activities if you are feeling un well.

            - Withdraw from activities if feeling unusually fatigued, overheated or unwell.

            - Undertake physical activities at a low or moderate intensity level.

 

14 REFUND POLICY

14.1 There are limited criteria under which a refund may be granted. Refunds will not be approved automatically. Students and parents are expected to be aware of work and personal commitments prior to enrolling.

14.2 Students / parents wishing to apply for a refund must do so via email only. The email must clearly identify the student name for whom the refund is being sought along with an explanation stating why the cause of withdrawal and any supporting documentation.

Should a refund be granted it will be made via electronic transfer ONLY

Refunds must be requested via email info@actorsink.com.au

14.3 Cancellation prior to commencement of term – Students / parents who cancel classes upto to 2 weeks prior to class commencement will receive a full refund of fees paid.

Refunds must be requested via email info@actorsink.com.au

14.4 Cancellation after commencement of term – Parents / students who cancel after the commencement of term will be considered only for the following circumstances;

* Sickness verified by a medical certificate

* Unusual circumstance beyond the control of the student.

Each application will be reviewed, assessed and decided upon at the discretion of the Managing Director.

Refunds must be requested via email info@actorsink.com.au

14.5 Cancellation of specialised classes

PERFFORMANCE TROUPE / ELITE ENSEMBLE – Student obtaining a position is this class is by audition only. The class is run on the basis of two semesters. There is a NO REFUND condition on this class once the term has commenced as positions in the class can’t be filled until the next semester. These classes rely on a commitment from students.

DISCOUNTED CLASSES – There is NO REFUND condition for these classes once the term has started due to the already discounted rate. These classes rely on a commitment from students.

14.6 Classes Cancelled by Actors Ink

If classes are cancelled by Actors Ink a full refund will apply

14.7 Rollover Fees to another Term

In some cases Actors Ink management will agree to the rolling over of fees to the next term ONLY in lieu of losing fees for a students who cannot attend the current term.

14.8 Expulsion

Students who are excluded from class activities due to inappropriate behaviour or disciplinary reasons will forfeit all fees.