Friends of the Gold Coast Regional Botanic Gardens Inc.

Policies and Procedures

3.01

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Management Committee Code of Conduct

Policy Intent

/ The Friends of the Gold Coast Regional Botanic Gardens Inc. is committed to the adoption of ethical and lawful conduct in all areas of its responsibility.
The Member Code of Conduct is set out in Section xx.xx. Management Committee members have further responsibilities so a specific Code of Conduct has been prepared to apply in addition.

Policy

/ All members of the Management Committee shall at all times:
  1. Act honestly and in good faith in the best interest of the Friends, members, volunteers and key stakeholders, ensuring all are treated fairly;
  2. Insist the Committee acts in accordance with the Friends Rules, the Friends statutory and fiduciary obligations and the law generally;
  3. Avoid conflicts of interests as far as this is possible and where conflicts arise, declare and seek to be excused from relevant decisions;
  4. Act with care and diligence, attend Committee meetings on time, allow sufficient time to prepare for meetings and participate fully and appropriately in the Committee’s decision-making processes;
  5. Be loyal and supportive of the Committee, interact constructively and abide by Committee decisions;
  6. Observe the confidentiality of non-public information acquired in the role as Committee member and never disclose to any other person or organisation;
  7. Protect the privacy of member information and never disclose to any other person or organisation;
  8. Must not improperly use information by using the information gained only for that purpose and not for any other purpose.
  9. Must not do or say anything which denigrate the Friends, the Committee, the members or the volunteers which may harm the Friends public image.
  10. Manage organisation level risks and review regularly.

Relevant Risks

/ Lack of Awareness of the Friends Rules and Statutory Obligations for Registered Charities and Public Funds.
Failing to work as a team and to support all Committee members, particularly office holders and the Committee as a whole.

Lack of Awareness

/ It is imperative that members of the Management Committee acquaint themselves with the Friends Rules and the Statutory Obligations Policy which includes specific obligations for Registered Charities and Public Funds which appear in Sections xx.xx and xx.xx. They are detailed and do require several readings to achieve this. Without this knowledge, members can fail to act on compliance issues.

Lack of Team Work

/ The responsibilities and activities of the Management Committee are demanding and team members can unwittingly fail to supportone another, particularly office holders,in contributing to decisions and acquitting their duties. Consistent disagreement and pedantic attention to details can lead to conflict and undermine the effective operation of the Committee.

Breaches of the Code

/ A breach is any action or inaction by a member of the Management Committee that fails to comply with the Friends Rules, the Statutory Obligations Policy and this Code of Conduct.
Without limiting the extent of breaches that may be applicable under this Code, a Committee Member may be in breach, if they:
  1. Knowingly allow the Friends to contravene the Rules and Statutory Obligations and fail to act on known compliance issues;
  2. Knowingly allow the Friends to miss statutory deadlines;
  3. Knowingly allow the Friends to trade while insolvent;
  4. Continuously fail to attend meetings, read papers, criticise constructively and expect unreasonable workloads of office holders;
  5. Fail to divulge a material conflict of interest;
  6. Divulge private or confidential information to 3rd parties or use it for personal gain;
  7. Contravene Risk Management procedures for Fraud.

Alleged Breaches

/ Taking action in relation to alleged breaches of the Code of Conduct is aimed at protecting the Friends’ integrity and all members of the Management Committee.
Any member of the Friends may report a breach of the Management Committee Code of Conduct and will not be subject to adverse consequences.

Principles

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  • Act promptly
  • Treat the matter seriously
  • Maintain confidentiality
  • Ensure procedural fairness
  • Be neutral
  • Support all parties
  • Do not victimise
  • Communicate process and outcome
  • Keep records

Processes

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  • Breaches of the Criminal Code must immediately be reported to the police.
  • Minor or single breaches of the Management Committee Code of Conduct should be referred to and handled by the President, as a normal part of their leadership role. This will involve
  • Bringing the matter to the attention of the person suspected of the breach;
  • Ensuring that person can respond to the alleged breach;
  • Agreeing on a course of action in relation to the matter;
  • Should no agreement be reached then a person, upon which both agree, will be appointed to adjudicate the matter and that decision will be binding;
  • Recording and signing the agreement and submitting it to the Secretary for record keeping.
  • More serious and multiple breaches of the Management Committee Code of Conduct, must be recorded via an Incident Report and referred by the President to an independent investigator/adjudicator and handled in CONFIDENCE to protect the rights of any suspect.

Incident Reporting

/ Incident Reports must be handled on a CONFIDENTIAL basis by those involved and by the President.
The President will
  1. Identify the action which has created the risk;
  2. Decide if immediate minimisation measures are required;
  3. Seek additional information from the reporting party to ensure a clear understanding of the suspected action;
  4. Determine if the action requires independent investigation based upon its seriousness, complexity and persistence;
  5. Select a suitable investigator based upon independence and qualifications;
  6. Maintain confidentiality of the action and privacy of the suspect.
  7. Allow the investigationto proceed unhampered, assess report, seek legal advice if necessary and determine a course of action;
  8. Write to the affected party, detailing the process undertaken, the findings of the investigation, the actions proposed and their rights;
  9. Actions may include warning, apology, counselling, training, removal from the Management Committee and cancellation of membership.
  10. If the action involves removal from the Management Committee and/or cancellation of membership, special conditions apply as per Friends Rules Section 20 and Sections 10 -12, respectively.

Supporting Documents

/ The Friends Rules of Incorporation
Statutory Obligations for Registered Charities and Public Funds
Organisation Level Risk Assessment and Management Plan
The Friends Rules –Sections 10-11 for memberships and Section 20 for Management Committee members
Member Code of Conduct

References

/ Register of Environmental Organisations; A Commonwealth Tax Deductibility Scheme for Environmental Organisations, Guidelines, 2003.
Governance for Good, the Australian Charities and Not-for-Profits Guide for Charity Board Members, 2013.

Forms

/ Management Committee Breach Incident Reporting Form

Reviewed

/ Xx/xx/201x

Approved

/ Management Committee xx/xxx/2017

President

/ Alex Jakimoff

Signature

Dated

/ Xx/xx/201x

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