Our Organisational Policies
Code of Behaviour
Professional Conduct
Respectful and Inclusive Behaviour
Confidentiality
Conflict of Interest
Compliance with Laws and Regulations
Use of Resources
Reporting and Addressing Misconduct
Equal Opportunity
Governance
We recognise that Hand To Plough needs to operate under the rules and legislation of moral and ethical corporate governance as outlined by Australian and Queensland legislations. As a registered charity our policies are audited under the Australian standards.
Section 1.01 Oversight
As a charity that was established from the core aspects of conservative values, we hold to the governance of oversight that synergises business strategies with moral and ethical practices. We believe in the freedom to evaluate alignment and choose suitable candidates for oversight.
Hand To Plough will determine legal representation to oversee conduct and legislation. The board will nominate the legal representation. Hand To Plough will function as a Not-For-Profit Charity and report to the Australian Charities and Not-For-Profit Commission as required. As a charity, we understand that this may attract “agency cost” to the organisation.
As part of the accountability process, we invite consultants and auditors to survey the decisions (past, present, and planning) of the board and committees. Consultants will be independent of Hand To Plough and may only be remunerated for their service to give impartial advice. Members may have direct contact with consultants to list any issues they may have with the behaviour of the board or committee representatives.
Section 1.02 Theology for Governance
The theology of Hand To Plough is foundational to its purpose and function. It is our policy to maintain the relationship between spirituality and the corporation of our organisation. Governance is founded on Christian beliefs. As a part of this belief, we will engage spiritual principles outlined in the Bible regarding all manner of leadership and financial governance.
However, the governing principles we value do not restrict the activity or programs to individuals or organisations.
Section 1.03 Conflict of Interest
1.03.a Purpose
The purpose of this policy is to help board members of Hand To Plough to effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of Hand To Plough and manage risk.
1.03.b Objective
The Hand To Plough board, (called the ‘board’ in this policy) aims to ensure that board members are aware of their obligation to disclose any conflicts of interest that they may have, and to comply with this policy to ensure they effectively manage those conflicts of interest as representatives of Hand To Plough.
1.03.c Scope
This policy applies to the board members, employees, and volunteers of Hand To Plough.
1.03.d Definition of conflicts of interests
A conflict of interest occurs when a person’s personal interests conflict with their responsibility to act in the charity’s best interests.
Personal interests include direct interests, as well as those of family, friends, or other organisations a person may be involved with or have an interest in (for example, as a shareholder).
It also includes a conflict between a board member’s duty to Hand To Plough and another duty that the board member has (for example, to another charity). A conflict of interest may be actual, potential or perceived and may be financial or non-financial.
These situations present the risk that a person will make a decision based on, or affected by, these influences, rather than in the best interests of the charity.
Therefore, these situations must be managed accordingly.
1.03.e Policy
This policy has been developed to address conflicts of interest affecting Hand To Plough.
Conflict of interest are common, and they do not need to present a problem to the charity as long as they are openly and effectively managed.
It is the policy of Hand To Plough, as well as a responsibility of the board, that ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with the obligations to Hand To Plough.
Hand To Plough will manage conflicts of interest by requiring board members to:
• avoid conflicts of interest where possible
• identify and disclose any conflicts of interest
• carefully manage any conflicts of interest, and
• follow this policy and respond to any breaches.
1.03.f Responsibility of the board
The board is responsible for:
• establishing a system for identifying, disclosing and managing conflicts of interest across the charity
• monitoring compliance with this policy, and
• reviewing this policy on an annual basis to ensure that the policy is operating effectively.
The charity must ensure that its board members are aware of the ACNC governance standards, particularly governance standard 5, and that they disclose any actual or perceived material conflicts of interests as required by governance standard 5.
1.03.g Identification and disclosure of conflicts of interest
Once an actual, potential or perceived conflict of interest is identified, it must be entered into Hand To Plough’s register of interests, as well as being raised with the board.
Where every other board member shares a conflict, the board should refer to ACNC Governance Standard 5 to ensure that proper disclosure occurs.
The Secretary must maintain the register of interests. The register must record information related to a conflict of interest (including the nature and extent of the conflict of interest and any steps taken to address it).
1.03.h Confidentiality of disclosures
This information disclosed shall be available to all members. Access of details may be redacted to all involved (if the submitting parties request it, their name can be withheld). An alternative disclosure mechanism will be available to a pre-nominated auditor who may investigate and provide confidential appropriate reports to the parties involved.
1.03.i Action required to manage conflicts of interest
S1.A03.i-i. Conflicts of interest of board members
Once the conflict of interest has been appropriately disclosed, the board (excluding the board member who has made the disclosure, as well as any other conflicted board member) must decide whether those conflicted board members should:
• vote on the matter (this is a minimum),
• participate in any debate, or
• be present in the room during the debate and the voting.
In exceptional circumstances, such as where a conflict is very significant or likely to prevent a board member from regularly participating in discussions, it may be worth the board considering if it is appropriate for the person conflicted to resign from the board.
S1.A03.i-ii. What should be considered when deciding what action to take
In deciding what approach to take, the board will consider:
• whether the conflict needs to be avoided or simply documented
• whether the conflict will realistically impair the disclosing person’s capacity to impartially participate in decision-making
• alternative options to avoid the conflict
• the charity’s objects and resources, and
• the possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the charity.
The approval of any action requires the agreement of at least a majority of the board (excluding any conflicted board member/s) who are present and voting at the meeting.
The action and result of the voting will be recorded in the minutes of the meeting and in the register of interests.
1.03.j Compliance with this policy
If the board has a reason to believe that a person subject to the policy has failed to comply with it, it will investigate the circumstances.
If it is found that this person has failed to disclose a conflict of interest, the board may take action against them. This may include seeking to terminate their relationship with the charity.
[Insert any other relevant sanctions that are proportionate to the seriousness of a breach]
If a person suspects that a board member has failed to disclose a conflict of interest, they must [description of relevant action, such as: discuss with the person in question, notify the board, or the person responsible for maintaining the register of interests].
1.03.k Contacts
For questions about this policy, contact the board or [person/role] by [contact details].
Section 1.04 Financial Management
Hand To Plough is established as a not-for-profit charity. Money received by the charity is not a payment for goods or services. As such, the charity finances will be managed with integrity through accountability. The leadership of Hand To Plough are determined as the stewards of all funds received. Once received, people surrender their right to the money and cannot hold any liable guarantees against Hand To Plough.
Money received through donations, sponsorship, and fundraising activities without designation is the responsibility of the leadership to steward with ethical and moral integrity.
Money received with a designation will be accountable to the designation unless the giver approves of changing it. The leadership has the right to accept or reject all forms of finance for the Charity based on its moral, ethical, or political source. To align the financial practices of Hand To Plough, a financial audit will be conducted as determined by the charity rules.
To maintain financial integrity, the organisation’s policy is to have two board members approve financial expenditures before money is spent. Any bills to be paid must receive approval from two non-related signing parties.
Social Engagement
Australian public benevolent institutions (PBIs) exist to provide assistance and support to those who are in need, vulnerable or disadvantaged. To fulfill its purpose, Hand To Plough must engage with the community and develop meaningful relationships with stakeholders. Social engagement is a crucial component of the PBI’s operations, as it enables them to promote their services, increase public awareness, and build trust with the community. This policy outlines the key principles and practices that Hand To Plough will follow to engage effectively with the community and promote social engagement.
Principles:
Transparency: Hand To Plough will be transparent about their operations, activities, and services. The charity will communicate clearly with the public, stakeholders, and beneficiaries about their activities, funding sources, and outcomes.
Accountability: Hand To Plough will be accountable to the community, stakeholders, and beneficiaries. The charity will ensure that their operations and activities align with their mission and values. Hand To Plough will also be responsive to feedback and complaints from the community.
Respect: Hand To Plough will respect the dignity, diversity, and rights of all individuals. The charity will ensure that their operations and activities do not discriminate or cause harm to any individual or group.
Collaboration: Hand To Plough will collaborate with other stakeholders, such as other community organizations, government agencies, and businesses. Collaboration can help PBIs to leverage their resources, share knowledge and expertise, and deliver better outcomes.
Practices:
Hand To Plough will implement the following practices to promote social engagement:
Engagement strategy: Hand To Plough will develop an engagement strategy that outlines their objectives, target audiences, key messages, and communication channels. The strategy must align with the PBI’s mission and values and take into account the diversity of the community.
Communication: Hand To Plough will communicate regularly with their stakeholders, including beneficiaries, volunteers, donors, and the wider community. Hand To Plough will use a range of communication channels, such as social media, email, newsletters, and community events, to reach their audiences.
Community events: Hand To Plough will organize and participate in community events, such as festivals, fairs, and workshops. These events can help PBIs to reach a wider audience, showcase their services, and build relationships with the community.
Volunteer engagement: Hand To Plough will engage with volunteers and recognize their contributions. Hand To Plough will provide volunteers with clear expectations, training, and support to ensure their safety and wellbeing.
Impact reporting: Hand To Plough will regularly report on their activities, outcomes, and impact. The reporting must be transparent, informative, and accessible to the community.
Conclusion: Social engagement is essential for PBIs to fulfill their purpose and build strong relationships with the community. Hand To Plough will adhere to the principles of transparency, accountability, respect, and collaboration and implement the practices of engagement strategy, communication, community events, volunteer engagement, and impact reporting. By following these principles and practices, PBIs can enhance their social engagement and deliver better outcomes for the community.
Code of Behaviour
Hand To Plough is committed to creating and maintaining a positive and safe working environment for all employees, volunteers, and stakeholders. This policy sets out the expectations for the conduct of all individuals who represent Hand To Plough in any capacity, including staff, volunteers, contractors, and board members.
Code of Behaviour:
1. Professional Conduct: All individuals representing Hand To Plough are expected to always conduct themselves in a professional manner. This includes treating others with respect, acting with honesty and integrity, and maintaining appropriate boundaries in all interactions.
2. Respectful and Inclusive Behaviour: Hand To Plough values diversity and inclusion and expects all individuals to demonstrate respectful and inclusive behaviour towards others. Discrimination, harassment, bullying, or any other form of inappropriate behaviour will not be tolerated.
3. Confidentiality: All individuals representing Hand To Plough must maintain the confidentiality of sensitive information, including personal information of clients, donors, and colleagues. This includes not disclosing information to third parties without authorization.
4. Conflict of Interest: All individuals representing Hand To Plough must disclose any actual or perceived conflict of interest that may affect their ability to carry out their duties unbiased and impartial.
5. Compliance with Laws and Regulations: All individuals representing Hand To Plough are expected to comply with all applicable laws and regulations, including those related to privacy, employment, and occupational health and safety.
6. Use of Resources: All individuals representing Hand To Plough must responsibly and efficiently use resources, including funds, equipment, and materials.
7. Reporting and Addressing Misconduct: Any individual who witnesses or experiences behaviour inconsistent with this code of behaviour should report the matter immediately to the appropriate person or authority. Hand To Plough will take all allegations of misconduct seriously and will investigate and take appropriate action where necessary.
Consequences of Breach:
Breach of this code of behaviour may result in disciplinary action, up to and including termination of employment, termination of volunteer or contractor engagement, or removal from the board.
Conclusion:
Hand To Plough is committed to upholding high standards of behaviour and expects all individuals representing the organization to do the same. This code of behaviour outlines the expectations for conduct and sets the foundation for a positive and safe working environment.
Equal Opportunity
Hand To Plough is committed to providing equal opportunity and treatment to all individuals regardless of their race, gender, age, sexual orientation, disability, religion or any other characteristic protected by law. We recognize the diversity of our employees, volunteers, clients and stakeholders, and we strive to create a work and service environment that is inclusive, respectful and free from discrimination, harassment and victimisation.
To achieve this, Hand To Plough will:
- Recruit, hire, promote, and reward individuals based on their skills, qualifications, and abilities, without discrimination.
- Provide a safe and inclusive environment for all employees and volunteers to work in, free from harassment, discrimination, or victimisation.
- Provide equal opportunities for professional development, training, and advancement, irrespective of an individual’s gender, race, age, religion, sexual orientation, disability, or any other protected characteristic.
- Provide reasonable accommodations for individuals with disabilities to enable them to perform the essential functions of their job or participate in programs and services offered by the organization.
- Regularly review and monitor our policies and procedures to ensure they are consistent with the principles of equal opportunity and eliminate any practices that may be discriminatory or disadvantageous.
- Encourage diversity and inclusiveness in all aspects of our operations, including recruitment, service delivery, and community engagement.
- Respond promptly and effectively to any complaints or incidents of discrimination, harassment, or victimisation in accordance with our grievance procedure.
All employees, volunteers, clients, and stakeholders of Hand To Plough have a responsibility to uphold and support our equal opportunity policy. Any breach of this policy will not be tolerated and may result in disciplinary action.
Hand To Plough is committed to creating an environment that is inclusive, respectful, and free from discrimination. We believe that equal opportunity is not just the right thing to do but it is essential to achieving our mission and vision as a public benevolent institution.
Safeguarding
The purpose of this policy is to ensure that vulnerable people who come in contact with our organization are protected from harm, exploitation, abuse, or neglect. This policy outlines our commitment to promoting the safety and well-being of all people who use our services, especially those who are vulnerable and at risk of harm.
Scope
This policy applies to all staff, volunteers, contractors, and partners of our organization who interact with vulnerable people in any capacity. This includes but is not limited to individuals who are elderly, disabled, homeless, Indigenous, refugees, or experiencing mental health issues.
Policy Statement
Our organization is committed to creating a safe and supportive environment for vulnerable people who use our services. We recognize that vulnerable people are at higher risk of harm, and therefore, it is our responsibility to protect them from abuse, neglect, and exploitation.
To achieve this, we will:
1. Promote the safety and well-being of vulnerable people: We will prioritize the safety and well-being of vulnerable people in all aspects of our work. We will provide services that are person-centred, respectful, and responsive to their needs. We will also advocate for their rights and interests.
2. Conduct rigorous screening and recruitment of staff and volunteers: We will conduct rigorous screening of all staff and volunteers who work with vulnerable people. This includes reference checks, police checks, and working with children checks. We will also provide training and ongoing support to ensure that staff and volunteers are aware of their responsibilities in safeguarding vulnerable people.
3. Create a safe and supportive culture: We will create a culture that promotes safety and supports vulnerable people. We will provide clear guidelines and expectations for staff and volunteers in their interactions with vulnerable people. We will also encourage reporting of any concerns or incidents related to the safety of vulnerable people.
4. Respond to concerns or incidents related to the safety of vulnerable people: We will respond promptly and appropriately to any concerns or incidents related to the safety of vulnerable people. This includes reporting incidents to relevant authorities, providing support and assistance to those affected, and implementing corrective actions to prevent further harm.
5. Continuously review and improve our policies and procedures: We will continuously review and improve our policies and procedures to ensure that they align with best practice and are effective in protecting vulnerable people. We will also engage with stakeholders, including vulnerable people, to seek feedback and improve our services.
Compliance
All staff, volunteers, contractors, and partners of our organization are required to comply with this policy. Failure to comply may result in disciplinary action, termination of employment, or termination of a partnership agreement.
Conclusion
Protecting vulnerable people is a critical responsibility for our organization. We are committed to creating a safe and supportive environment for all people who use our services, especially those who are vulnerable and at risk of harm. We will continue to prioritize the safety and well-being of vulnerable people and take all necessary steps to protect them from abuse, neglect, and exploitation.
Section 5.01 Child Protection Policy
Purpose
1. To provide for and promote the care, protection and wellbeing of Children or Young People in a way that recognises their right to grow in a safe and stable environment and the right to be protected from Harm, and to maximise opportunities for Children or Young People to realise their full potential;
2. To provide for and promote the provision of services that foster the health, developmental needs, spirituality, self-respect and dignity of Children or Young People including by ensuring that persons responsible for Children or Young People within the movement are appropriately performing their responsibilities;
3. To promote caring attitudes and responses towards Children or Young People, so that the need for appropriate nurture, care and protection is understood, risks to a Child’s wellbeing are quickly identified, and any necessary support, protection or care is promptly provided;
4. To recognise the family as the primary means of providing for the nurture, care and protection of Children or Young People and to accord high priority to supporting and assisting the family to carry out its responsibilities to Children or Young People;
5. To promote and recognise the need to strengthen, preserve and promote positive relationships between the Child and the Child’s parent, family members, leaders, mentors, spiritual advisors, and significant others; and
6. To provide for and promote a Child safe culture that is understood, endorsed, and put into action by all the individuals who work for, volunteer or access an ACC program, service or managed facility.
5.01.a Who is covered by this Child Protection Policy?
The Child Protection Policy covers all people associated with Hand To Plough.
5.01.b Our commitment to Children or Young People
We are committed to the safety and wellbeing of all Children or Young People who access any of our activities, programs, services or facilities.
We are committed to providing Children or Young People with positive and nurturing experiences.
We will support families and communities to promote Children or Young People’s healthy development and wellbeing.
We will take action to ensure that Children or Young People are protected from harm by identifying and addressing risk factors as soon as practicable.
We will take action to ensure that Children or Young People are not harmed during the time that they are involved with any of our activities, programs, services or facilities.
We will ensure that Children or Young People have access to adequate support to promote safety and intervene early.
We will listen to Children or Young People and appropriately address any concerns that they raise with us in the least intrusive way possible that is consistent with the paramount concern to protect the Child or Young Person from harm and promote the Child or Young Person’s development.
5.01.c Our commitment to parents and carers
We are committed to supporting parents and carers to protect their Children or Young People.
We will offer assistance that builds on a family’s strengths, is sensitive to their cultural and religious beliefs and empowers them to meet the changing needs of their Children or Young People.
We are committed to communicating honestly and openly with parents and carers about the wellbeing and safety of their Children or Young People if it is consistent with the paramount concern to protect the Child or Young Person from harm and promote the Child or Young Person’s development.
We aim to be transparent in our decision-making with parents and carers as long as doing so does not compromise the safety of Children or Young people.
We will seek to involve parents whenever possible and practicable in the decision-making process that impact on them and the Children or Young People.
We will provide opportunities for formal debriefing and/or counselling families of Children or Young People who have experienced abuse and any other family in the community who may indirectly be affected by an incident.
5.01.d Our commitment to Hand To Plough team & clients.
In order to fulfil our obligations to the protection of Children or Young People, make the following commitments to Hand To Plough team:
• We are committed to providing Hand To Plough team with the necessary support to enable them to fulfil their roles.
• We will put in place a management structure that supports and develops Hand To Plough team in their roles.
• We are committed to providing Hand To Plough team with regular supervision and development.
• We will work to ensure that Hand To Plough team have access to a senior person to assist in making decisions in relation to any action required to protect Children or Young People from harm.
5.01.e Our commitment to ensuring a Child safe organisation
• We are committed to using best practice standards in the recruitment, screening and employment of Hand To Plough team.
• We will work to create an environment in which Children or Young People are safe and feel safe.
• We will work to ensure that Hand To Plough team do not harm Children or Young People who are involved with our programs, services or facilities.
5.01.f What are the requirements of Hand To Plough team in relation to protecting children or young people?
Protection Practice Guidelines, codes of conduct and operational procedures developed and implemented by the ACC National Executive or Constituent Churches
S5.A01.f-i. We expect Hand To Plough team to understand Children or Young People’s rights.
Children or Young People have a right to be safe, and this Policy is aimed at ensuring the safety of Children or Young People.
S5.A01.f-ii. We expect Hand To Plough team to understand and acknowledge the significance of family relationships for Children or Young People.
Children or Young People’s experience of their family is foundational for their development. Families can act as supportive resources for growth and resilience in Children or Young People. Family relationships can also restrain and harm Children or Young People’s social, physical, cognitive and emotional development. Families are the single most significant influence in shaping the way Children or Young People develop and perceive their sense of identity. We expect Hand To Plough team to recognise, respect and work to strengthen the capacities of parents/carers and other family members to care and protect their Children or Young People.
S5.A01.f-iii. We expect Hand To Plough team to make available information about this Policy to Children or Young People and parents/carers.
The information will be made available in developmentally appropriate language and translated to accommodate the main communities that access our services.
S5.A01.f-iv. We expect Hand To Plough team to put the rights of a Child or Young Person to the protection from harm ahead of any cultural and religious practices of families who access Hand To Plough programs.
No cultural or religious belief will take precedence over the right of Children or Young People to protection from harm.
S5.A01.f-v. We expect Hand To Plough team to understand and respond to the special needs of Children or Young People with developmental delays or disabilities.
We acknowledge that Children or Young People with developmental delays or disabilities have special needs. We expect Hand To Plough team to act in ways that communicate effectively with and are supportive of Children or Young People with developmental delays or disabilities. We also understand that we will need to be proactive in recognising the additional vulnerability to harm that Children or Young People with developmental delays or disabilities experience.
S5.A01.f-vi. We expect Hand To Plough team to be respectful of Children or Young People.
As part of our commitment to Children or Young People, we will facilitate opportunities for Children or Young People to tell us their views and feedback about the services we provide to them. We will treat Children or Young People as individuals and respect their unique abilities and vulnerabilities. We expect Hand To Plough team to express attitudes and engage in behaviour that respect and support Children or Young People.
S5.A01.f-vii. We expect Hand To Plough team to act on any concerns raised by Children or Young People and/or their parents/carers.
We will take seriously any concerns or issues raised by Children or Young People and/or their parents. We will investigate all complaints or allegations made against any of Hand To Plough team. We will ensure that we promptly report any suspected, alleged or reported crimes against Children or Young People or other family members to the police or other authorised body in accordance with the policies and operational procedures of the ACC at a local level. We expect Hand To Plough team to follow our complaints procedure without hesitation in response to concerns raised by Children or Young People and/or their parents/carers.
S5.A01.f-viii. We expect Hand To Plough team to understand the definitions, indicators and impact of harm on Children or Young People.
Experiences of harm are significant sources of trauma for Children or Young People and intensify the risk of Children or Young People developing a range of emotional, psychological, social and behavioural problems. Child physical abuse and sexual abuse is a crime. Intervention which identifies and prevents abuse from occurring is instrumental in supporting Children or Young People and families. When abuse has occurred, it is imperative that action is taken to protect Children or Young People from further experiences of abuse. Where there is a risk of harm, it is also imperative that action is taken to protect the Child or Young Person from that risk eventuating. We expect Hand To Plough team to know how to define harm, be aware of its indicators and understand its consequences. The more informed we are, the more effective we will be in our efforts to protect Children or Young People from all forms of harm.
S5.A01.f-ix. We expect Hand To Plough team to know and follow regulations in relation to the care of Children or Young People.
There are number of regulations governing the provision of Child care. These regulations define our minimum responsibilities and obligations towards Children or Young People and families. We expect all Hand To Plough team to know and follow these regulations. It is the responsibility of the managers of our Child care services to ensure that the regulations are adhered to by all Hand To Plough team under their supervision.
S5.A01.f-x. We expect Hand To Plough team to know and follow the law in relation to reporting harm.
We expect Hand To Plough team to know and follow relevant laws in their state jurisdiction as set out in a relevant State Child protection policy by making an appropriate report to the relevant government department in respect of actual harm to a Child or Young Person or a risk of harm to a Child or Young Person. Notwithstanding our obligations under the law, we expect Hand To Plough team to ensure that appropriate action is taken to respond to concerns about the wellbeing or safety of a Child or Young Person. For the avoidance of doubt, when there is no mandatory reporting obligation at law, nevertheless we require a report to be made to the relevant government agency and/or law enforcement body.
S5.A01.f-xi. We expect Hand To Plough team to co-operate with police and/or other formal investigations.
In every circumstance, we expect Hand To Plough team to co-operate to the best of their ability with any formal investigation undertaken by the ACC (National or State Executives), police or other authorised body in relation to the care and protection of Children or Young People.
S5.A01.f-xii. We expect Hand To Plough team to use the policies and operational procedures defined at the local level whenever they have a concern that a Child or Young Person may be experiencing harm.
The State Child protection policies have been designed to facilitate decision making in relation to the protection of Children or Young People. At all times, we expect Hand To Plough team to have a comprehensive understanding of the contents of this Policy and the relevant policies and abide by them whenever they have concerns about the possibility that a Child or Young Person has experienced or may be at risk of experiencing harm.
S5.A01.f-xiii. We expect Hand To Plough team to always follow any Child Protection Practice Guidelines implemented.
Where Child Protection Practice Guidelines have been promulgated, the Hand To Plough team will be asked to personally endorse these Guidelines and ensure that they adhere to it when they are at work and away from work. These guidelines will aim to ensure that Hand To Plough team are always safe adults who act protectively of Children or Young People.
S5.A01.f-xiv. We expect Hand To Plough team not to contravene any policies, regulations, or laws in relation to the safety and protection of Children or Young People.
It is a serious breach of this Policy, and possibly the law, if any Hand To Plough team contravene any regulations or laws in relation to the safety and protection of Children whether or not they are working, volunteering or participating in a Charity related activity, service or program at the time. Breaches of this Policy include, but are not limited to, Hand To Plough team who:
• sexually and/or physically abuse Children or Young people;
• abduct Children or Young People;
• verbally abuse or bully Children or Young People;
• emotionally abuse Children or Young People;
• groom Children or Young People;
• take, reproduce and/or distribute photos or videos of Children or Young People without the consent of their parents or guardians (unless the Child or Young Person is of a sufficient age and maturity to give informed consent freely and voluntarily – this should be the exception rather than the rule);
• publish any material containing images of Children or Young People who are involved in one of our activities, services or programs that can be used for the sexual gratification of others;
• access, download, store or distribute any form of Child pornography;
• condone or encourage, in any way, the harm (whatever the kind) to Children or Young People;
• fail to take appropriate action in response to a complaint, risk, or suspicion of harm.
S5.A01.f-xv. We expect that Hand To Plough team will support Children or Young People and their families as directed by Hand To Plough Board or investigating body in the event that a Child or Young Person is harmed by any Hand To Plough team.
We recognise that the impact of any form of harm on Children or Young People and their families is traumatic. It is even more complex when the perpetrator of the harm is within Hand To Plough team. In these situations, we will provide opportunities for appropriate debriefing and/or counselling to the Children or Young People and their families who have experienced the harm and any other Child or Young Person and family in the community who may indirectly be affected by the incident(s).
5.01.g What support will we provide Hand To Plough team?
In this section the intention is that the support envisaged will be primarily delivered by the Hand To Plough followed by the relevant ACC state or territory entity.
S5.A01.g-i. We will ensure that Hand To Plough team receive training about this Policy.
On a regular basis, we will ensure that all Hand To Plough team are provided with training to understand and recommit to this Policy and the approved Child Protection Practice Guideline. Such training will also form part of any induction we provide to Hand To Plough team.
S5.A01.g-ii. We will make opportunities available to the Hand To Plough team to allow them to feel clear about what is expected of them in relation to Children or Young People’s welfare and safety.
We will provide regular opportunities to clarify and confirm the procedures for staff to apply when acting in relation to Children or Young People’s welfare and safety. This will include a discussion of this Policy as a standing item for regular meetings at all levels of ACC National Executive.
S5.A01.g-iii. We will ensure that Hand To Plough team are aware of the formal recruitment, screening, and employment practices in relation to individuals with specific roles in working or volunteering with Children or Young People and families.
All Hand To Plough team will be informed during their recruitment that their employment or volunteer services will be subject to clearance under the Working with Children Check system (or equivalent checks under other state legislation). It is a serious breach of this Policy if an individual, who has convictions that would make him/her ineligible to be granted a Working with Children Check (or equivalent) clearance, gains employment or is allowed to volunteer with Children or Young People who access our services. It is also a serious breach of this Policy, if an individual continues in his/her employment or volunteer role with us if he/she has been charged or convicted of a crime that would make him/her ineligible to be granted a Working with Children Check (or equivalent) clearance. Hand To Plough team who have been charged or convicted of a crime that would make him/her ineligible to be granted a Working with Children Check (or equivalent) clearance have an ongoing obligation to inform the Constituent Charity of this matter and the Constituent Charity will deal appropriately with this by removing the person from employment or volunteering service.
S5.A01.g-iv. We will provide Hand To Plough team with guidance in relation to their role with Children or Young People and families.
We recognise that caring for and working with Children or Young People and their families can be complex and challenging. As such, we will provide guidance for Hand To Plough team in relation to their specific roles with Children or Young People and families.
S5.A01.g-v. We will provide opportunities for Hand To Plough team to receive debriefing in the event that it is required.
We recognise that responding to Children or Young People who are at risk of or have experienced harm can be stressful. It is even more complex when the perpetrator of the harm is another staff member or volunteer of Hand To Plough. In these situations, we will provide opportunities for formal debriefing and/or counselling to Hand To Plough team as required.
Section 5.02 Privacy.
5.02.a Introduction
The Board of Hand To Plough is committed to protecting the privacy of personal information which the organisation collects, holds and administers. Personal information is information which directly or indirectly identifies a person.
5.02.b Purpose
The purpose of this document is to provide a framework for Hand To Plough in dealing with privacy considerations.
5.02.c Policy
Hand To Plough collects and administers a range of personal information for the purposes of staffing, volunteers, and client records. The organisation is committed to protecting the privacy of personal information it collects, holds and administers.
Hand To Plough recognises the essential right of individuals to have their information administered in ways which they would reasonably expect – protected on one hand, and made accessible to them on the other. These privacy values are reflected in and supported by our core values and philosophies and also reflected in our Privacy Policy, which is compliant with the Privacy Act 1988 (Cth).
Hand To Plough is bound by laws which impose specific obligations when it comes to handling information. The organisation has adopted the following principles contained as minimum standards in relation to handling personal information.
Hand To Plough will
- Collect only information which the organisation requires for its primary function;
- Ensure that stakeholders are informed as to why we collect the information and how we administer the information gathered;
- Use and disclose personal information only for our primary functions or a directly related purpose, or for another purpose with the person’s consent;
- Store personal information securely, protecting it from unauthorised access; and
- Provide stakeholders with access to their own information, and the right to seek its correction.
5.02.d Responsibilities
Hand To Plough’s Board is responsible for developing, adopting and reviewing this policy.
Hand To Plough’s CEO is responsible for the implementation of this policy, for monitoring changes in Privacy legislation, and for advising on the need to review or revise this policy as and when the need arises.
5.02.e Processes
S5.A02.e-i. Collection
Hand To Plough will:
- Only collect information that is necessary for the performance and primary function of Hand To Plough.
- Collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
- Notify stakeholders about why we collect the information and how it is administered.
- Notify stakeholders that this information is accessible to them.
- Collect personal information from the person themselves wherever possible.
- If collecting personal information from a third party, be able to advise the person whom the information concerns, from whom their personal information has been collected.
- Collect Sensitive information only with the person’s consent or if required by law. (Sensitive information includes health information and information about religious beliefs, race, gender and others).
- Hand To Plough will also collect sensitive information about an individual if such collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
- is physically or legally incapable of giving consent to the collection; or
- physically cannot communicate consent to the collection; or
If Hand To Plough collects information during the course of the activities of a non-profit organisation—the following conditions must be satisfied:
- the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;
- at or before the time of collecting the information, Hand To Plough inform the individual whom the information concerns that it will not disclose the information without the individual’s consent; and
- the collection must be necessary for the establishment, exercise or defence of a legal or equitable claim.
Hand To Plough will collect health information about an individual if:
- the information is necessary to provide a health service to the individual; and
- the information is collected as required or authorised by or under law and in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.
- Determine, where unsolicited information is received, whether the personal information could have collected it in the usual way, and then if it could have, it will be treated normally. (If it could not have been, it must be destroyed, and the person whose personal information has been destroyed will be notified about the receipt and destruction of their personal information).
5.02.f Use and Disclosure
Hand To Plough will:
- Only use or disclose information for the primary purpose for which it was collected or a directly related secondary purpose.
- For other uses, Hand To Plough will obtain consent from the affected person.
- In relation to a secondary purpose, use or disclose the personal information only where:
- a secondary purpose is related to the primary purpose and the individual would reasonably have expected us to use it for purposes; or
- the person has consented; or
- certain other legal reasons exist, or disclosure is required to prevent serious and imminent threat to life, health or safety.
- In relation to personal information which has been collected from a person, use the personal information for direct marketing, where that person would reasonably expect it to be used for this purpose, and Hand To Plough has provided an opt out and the opt out has not been taken up.
- In relation to personal information which has been collected other than from the person themselves, only use the personal information for direct marketing if the person whose personal information has been collected has consented (and they have not taken up the opt-out).
- In each direct marketing communication with the individual, Hand To Plough draws to the individual’s attention or prominently displays a notice that he or she may express a wish not to receive any further direct marketing communications.
- State in Hand To Plough’s privacy policy whether the information is sent overseas and further will ensure that any overseas providers of services are as compliant with privacy as Hand To Plough is required to be. Such disclosures will only be made if:
- the oversea recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
- the individual consents to the transfer; or
- the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre contractual measures taken in response to the individual’s request; or
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party; or
- the organisation has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
- In relation to the overseas transfer of personal information, if it is impractical for Hand To Plough to receive the person’s consent to that transfer, Hand To Plough must have sufficient reasons to believe that the person would likely give consent could they be contacted.
- Provide all individuals access to personal information except where it is a threat to life or health or it is authorized by law to refuse and, if a person is able to establish that the personal information is not accurate, then Hand To Plough must take steps to correct it. Hand To Plough may allow a person to attach a statement to their information if Hand To Plough disagrees it is inaccurate.
- Where for a legal or other reason we are not required to provide a person with access to the information, consider whether a mutually agreed intermediary would allow sufficient access to meet the needs of both parties.
- Make no charge for making a request for personal information, correcting the information or associating a statement regarding accuracy with the personal information.
- Each written direct marketing communication with the individual must set out Hand To Plough’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which the organisation can be directly contacted electronically.
- If the disclosure of sensitive information is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety and it is impracticable for Hand To Plough to seek the individual’s consent before the use or disclosure and the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A, the organisation may make such a disclosure.
- If Hand To Plough has sufficient reasons to believe that an unlawful activity has been, is being or may be engaged in, and the disclosure of personal information becomes a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, the organisation may make such disclosures.
- Hand To Plough may further disclose personal information if its disclosure is mandated by an enforcement body or is required for the following:
- the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
- the enforcement of laws relating to the confiscation of the proceeds of crime;
- the protection of the public revenue;
- the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
- the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
- For the purpose of this Clause, Hand To Plough must make a written note of the use or disclosure.
S5.A02.f-i. Storage
- Implement and maintain steps to ensure that personal information is protected from misuse and loss, unauthorized access, interference, unauthorized modification or disclosure.
- Before Hand To Plough discloses any personal information to an overseas recipient including a provider of IT services such as servers or cloud services, establish that they are privacy compliant. Hand To Plough will have systems which provide sufficient security.
- Ensure that Hand To Plough’s data is up to date, accurate and complete.
S5.A02.f-ii. Destruction and de-identification Hand To Plough
- Destroy personal information once is not required to be kept for the purpose for which it was collected, including from decommissioned laptops and mobile phones.
Change information to a pseudonym or treat it anonymously if required by the person whose information Hand To Plough holds and will not use any government related identifiers unless they are reasonably necessary for our functions.
S5.A02.f-iii. Data Quality
Hand To Plough will take reasonable steps to ensure the information Hand to Plough collects is accurate, complete, up to date, and relevant to the functions we perform.
S5.A02.f-iv. Data Security and Retention
Hand To Plough will only destroy records in accordance with the organisation’s Records Management Policy.
S5.A02.f-v. Openness
Hand To Plough will:
- Ensure stakeholders are aware of Hand To Plough’s Privacy Policy and its purposes.
- Make this information freely available in relevant publications and on the organisation’s website.
- On request by a person, Hand To Plough must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
S5.A02.f-vi. Access and Correction
Hand To Plough will:
- Ensure individuals have a right to seek access to information held about them and to correct it if it is inaccurate, incomplete, misleading or not up to date.
- If the individual and Hand To Plough disagree about whether the information is accurate, complete and up to date, and the individual asks Hand To Plough to associate with the information a statement claiming that the information is not accurate, complete or up to date, the Hand To Plough will take reasonable steps to do so.
- Hand To Plough will provide to the individual its reasons for denial of access or a refusal to correct personal information.
- Hand To Plough can withhold the access of an individual to his/her information if:
- providing access would pose a serious and imminent threat to the life or health of any individual; or
- providing access would have an unreasonable impact upon the privacy of other individuals or
- the request for access is frivolous or vexatious; or
- the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
- providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
- providing access would be unlawful; or
- providing access would be likely to prejudice an investigation of possible unlawful activity; or
- an enforcement body performing a lawful security function asks Hand To Plough not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
- Where providing access would reveal evaluative information generated within the organisation in connection with a commercially sensitive decision making process, Hand To Plough may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
- If Hand To Plough decides not to provide the individual with access to the information on the basis of the above mentioned reasons, Hand To Plough will consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
• Hand To Plough may charge for providing access to personal information. However, the charges will be nominal and will not apply to lodging a request for access.
S5.A02.f-vii. Identifiers
Hand To Plough will not adopt as its own identifier of an individual an identifier that has been assigned by any third party. It may however adopt a prescribed identifier by a prescribed organisation in prescribed circumstances.
Hand To Plough will not use or disclose the identifier assigned to an individual by a third party unless:
- the use or disclosure is necessary for the organisation to fulfil its obligations to the agency; or
- the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
S5.A02.f-viii. Anonymity
Allow people from whom the personal information is being collected to not identify themselves or use a pseudonym unless it is impracticable to deal with them on this basis.
S5.A02.f-ix. Making information available to other organisations
Hand To Plough can release information to third parties where it is requested by the person concerned.