DRAFT

CODE OF CONDUCT FOR THE KOKATHA ABORIGINAL CORPORATION RNTBC ICN 8039

This Code of Conduct is to be observed by the following parties associated with the Kokatha Aboriginal Corporation RNTBC ICN 8039 (‘the Corporation’):

a)Directors of the Corporation; and

b)Members of the Corporation.

The members must comply with the provisions of this Code in undertaking any activities in connection with the Corporation. It is the personal responsibility of the members to ensure that they are familiar with, and complywith the standards in the Code at all times.

PART 1—PRINCIPLES

Allmembers must serve the best interests of the Kokatha People and do so conscientiously and to the best of their ability.

Members mustwork together constructively and uphold the values of honesty,integrity, accountability and transparency.

All members must act respectfully to each other and encourage respectful behaviour.

All members should act in a manner that is consistent with the behavioural codeas referred to in Part 2 of this Code of Conduct.

PART 2—BEHAVIOURAL CODE

In accordance with PART 1, the following behaviour is essential to upholding the principles of the Code.

  1. Membersobligations

Members must:

1.1 Show commitment to the Corporation and discharge their duties conscientiously;

1.2 Act in a way that generates community trust and confidence in the Corporation;

1.3 Act in a reasonable, just, respectful and non-discriminatory way when dealing with people and other members;

1.4 Show respect for others if making comments publicly;

1.5Deal with information received as members in a responsible manner;

1.6Endeavour to provide accurate information to the Corporationat all times;

1.7Endeavour to establish and maintain a respectful relationship with all members, regardlessof differences of views and opinions;

1.8 Refrain from bullying or harassing other members;

1.9Not use language which is offensive or designed to offend other members of the Corporation;

2. Complaints

2.1Any member may make a complaint about anothermember under the Behavioural Code;

2.2Complaints about behaviour alleged to have breached the Behavioural Code should be brought tothe attention of the Chairperson of the Board of Directors via written complaint form,unless the behaviour occurs within a meeting of members (‘meeting’), in which case an oral complaint may be made;

2.3 If a complaint is made during a meeting and the behaviour the subject of the complaint is substantially disrupting the meeting, the Chairperson may resolve to:

a)provide a caution to the member; or

b)require that the member remove him or her self from the meeting for the entire meeting or a period of time specified by the Chairperson.

2.4After a complaint has been madethe Board of Directors must meet within fourteen (14) days to decide whether the complaintshould go to Independent Investigation or if it may be dealt with by issuing a penalty outlined in clause three;

2.4.1The Board of Directors must pass a resolution to reflect their decision;

2.4.2The Directors’ decision and reasoning for the decision must be recorded in the meeting minutes of the Board of Directors.

2.5 Independent Investigation should be conducted in accordance with clause five of the Code;

2.5.1Serious or systematic Breaches of the Code, defined as conduct whichis extremely offensive, may be repeatedly occurring,threatens the safety of another member, or the cohesion of the Corporation should go to Independent Investigation;

2.6A complaint may be considered to be trivial, vexatious or frivolous, and accordingly not investigated.

3. Penalties for Breach of Code

3.1If a breach of theBehavioural Code by a member is found to have occurred, the Board of Directors may, by resolution:

a)take no action (only if the complaint is considered to be trivial, vexatious or frivolous);

b)pass a censure motion in respect of the member;

c)request an apology, whether written or verbal;

d)request the member to attend training on the specific topic found to have been breached;

e)resolve to suspend the member for a period not exceeding twelve (12) months pursuant to clause 5.6.1A of the Rulebook of the Corporation;

f)resolve to remove or suspend the member from a position within the Corporation(but not including the member’s position as a family representative).

4. Meetings

4.1 The Behavioural Code is not intended to confine or stifle robust debate within meetings that is conducted in a respectful manner and is not a breach of this Part;

4.2 A member must comply with the Behavioural Code at all times including in any meeting of the Corporation;

4.3 The role of the Chairperson role at meetings in relation to behaviour is to:

a)Protect free speech and ensure that debates are conducted in the correct manner;

b)To ensure motions and amendments are respectfully worded, consistent with the and the standing orders, unambiguous and otherwise in order;

c)To prevent irrelevant remarks, tedious repetition and objectionable language;

d)To ensure that no person is unreasonably denied the chance to be heard;

e)To prevent excessive heckling but to be tolerant or reasonable interjections;

f)To preserve order and if necessary and pursuant to clause 2.3 of this agreement, if the Chairperson deems that the Behavioural Code is being breached or is likely to be breached, provide a caution to a member or require that the member remove him or her self from the meeting for a period specified by the Chairperson;

g)Suspend the meeting for a short period at their discretion.

5.Independent Investigation

5.1 The Independent Investigator maybe appointed by the Board of Directors at the meeting of the Board of Directors following the complaint being filed;

5.2 The Independent Investigator must be a person who has an understanding of the Corporation but does not have a close association with the Corporation as a whole or any individual member of the Corporation;

5.3 The role of the Independent Investigator is to:

a)gather information about the alleged breach of the Code via the information supplied on the complaint form and any other method they deem necessary;

b)recommend whether or not the person has breached the code of conduct; and

c)recommend the penalty (if any) to be applied.

5.4The Independent Investigator must compile all information relevant to the complaint and record their decision and any consequence that will apply in a report to be provided to the Board of Directors within twenty-eight (28) days of being appointed;

5.5 The Board of Directors must communicate the outcome of the Independent Investigation to all members at the next meeting.

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