The Following Is Provided As General Information for Guidance Only and As a Starting Point

The following is provided as general information for guidance only and as a starting point to for your organisation to develop policies based on its structures and needs. Organisations should also ensure that its policies comply and align with relevant legislation and laws

Updated: <Date>

POLICY MANUAL

CONTENTS SUMMARY

INTRODUCTION

The policies contained within this manual aim to provide guidance to the organisation on key areas that will support the effective and efficient operations of <Name of Organisation>

POLICY DOCUMENTS

Samples

Conflict Of Interest(01/01/2016)
Grievances & Disciplinary)Procedures(01/01/2016)
Working with Children(01/01/2016)
Financial – Signatories (01/01/2016)
Expense Limitation Authorisation (01/01/2016)
Media and Stakeholder Communications (01/01/2016)
Code of Conduct(01/01/2016
Risk Management(01/01/2016
Personal Information(01/01/2016

<Name of Organisation

Policy Document 1

Conflict of Interest

1. POLICY

To ensure that the Board/Committee of Management operate without bias and in an open manner.

2. DEFINITIONS

-Conflict of Interest’ involves a conflict between duty as a member/officer and personal or private interests.

3. PRINCIPLES

This policy is designed to ensure processes are in place so as Board/Committee Members are not put in to a position where conflict of interest may affect their input within the operation of the organisation.

If this Policy conflicts with the Victorian Associations Incorporated Reform Act 2012, the Act shall override the Policy.

4. AUTHORITY & SCOPE

This policy has been approved by the Board/Committee of Management of <Name of Organisation>

5. PROCEDURE

(i)Having potential conflict of interests listed on nomination forms for Board/Committee Members

(ii) List ‘Conflict of Interest’ as a standing item on all meeting agendas

(iii)A Board/Committee member who has a material personal interest in a matter being considered at a Board/Committee meeting must disclose the nature and extent of that interest to the Board/Committee.

(iv)The member—

(a)must not be present while the matter is being considered at the meeting; and

(b)must not vote on the matter.

Note

Under section 81(3) of the Act, if there are insufficient committee members to form a quorum because a member who has a material personal interest is disqualified from voting on a matter, a general meeting may be called to deal with the matter.

(v)This rule does not apply to a material personal interest—

(a)that exists only because the member belongs to a class of persons for whose benefit the Association is established; or

(b)that the member has in common with all, or a substantial proportion of, the members of the Association.

(vi)A disclosure of a material personal interest must give details of—

(a)the nature and extent of the interest; and

(b)the relation of the interest to the activities of the incorporated association.

(vii)The details referred to in subsection (vi) must be recorded in the minutes of the committee meeting at which the material personal interest is disclosed.

viii) Maintain a register of material personal interests as disclosed under subsection (ii)

(ix)A member of the committee of an incorporated association who has a material personal interest in a matter being considered at a committee meeting must disclose the nature and extent of his or her interest in the matter at the next general meeting of the association.

Other considerations for declaring conflict of interest may include:

‘Conflict of Duty’ (i.e. you hold a position with a second organisation that may be impacted)
‘Pecuniary Interest’ (i.e. financial gain or loss) or ‘Non-pecuniary Interest’(i.e. not involving financial gain/loss)
‘Indirect Interest’’ (i.e. family)
‘Direct Interest’ (i.e. relating to oneself)
Gifts (that may be perceived as influencing the decision making process)
‘Close Association’ (i.e. best friend, employee)
Conflicts of interest may involve gain (benefit) or loss (detriment)
Whether the conflict of interest is ‘actual’, ‘perceived’ (appearing to others that you have a conflict) or has the ‘potential’’ (one that may occur in the future) to be one.

6. ACCOUNTABILITY

-Board/Committee of Management

7. REVIEW

This policy will be reviewed tri-annually by the Board/Committee of Management of the <Name of Organisation>. Draft reviews prepared by Secretary.

8. AUTHORISATION

President, Board/Committee of Management ______Date:01/01/2016

Next Review Date: 01/01/2019

Cross Reference/s:

Club Constitution (Rules) (Appendix 1.1)

Model Rules

Rules 65–Conflict of Interest (Appendix 1.2)

Associations Incorporation Reform Act 2012

Incorporating amendments as at 1 October 2015

Part 6—Management

Division 2—Meetings of the committee

Section 80 Disclosure of material personal interest

Section 81 Matter on which committee member has material personal interest

Appendix 1.1

Conflict of Interest from Club Constitution (Rules)

Appendix 1.2

Conflict of Interest from Model Rules

Division 4—Meetings of Committee

65 Conflict of interest

(1)A committee member who has a material personal interest in a matter being considered at a committee meeting must disclose the nature and extent of that interest to the Committee.

(2)The member—

(a)must not be present while the matter is being considered at the meeting; and

(b)must not vote on the matter.

Note

(3)This rule does not apply to a material personal interest—

(a)that exists only because the member belongs to a class of persons for whose benefit the Association is established; or

(b)that the member has in common with all, or a substantial proportion of, the members of the Association.

<Name of Organisation

Policy Document 2

Grievances & Disciplinary Procedures

POLICY

To ensure grievance procedures are available to support the effective operation of <Name of Organisation>.

DEFINITIONS

-'Human Resource Personnel' refers to members, volunteers, employed staff and theBoard/Committee of Management of <Name of Organisation>.

‘Grievance’ is an actual or supposed circumstance regarded as just cause for complaint

-A ‘Grievance Procedure’ is used where there is an internal dispute in an incorporated association. All incorporated associations must have a ‘Grievance procedure in their rules. The ‘Grievance Procedures’ in your rules provide your organisation with a process to follow to try to settle conflict between:

i)members (including committee members), or

ii)a member (including committee member) and the organisation.

-‘Disciplinary Procedure’- groups are allowed, under law, to discipline members.

i)Many groups have a disciplinary procedure in their rules, but they do not have to.

ii)If there is a procedure in the rules, it should be followed.

iii)The grounds where disciplinary action can be taken are where a member:

has failed to comply with these Rules
refuses to support the purposes of the Association, or
has engaged in conduct prejudicial to the Association.

PRINCIPLES

This policy is designed to ensure that 'Human Resource Personnel' of <Name of Organisation>are knowledgeable of and have access to Grievance Procedures.

The policy is underpinned by the principles of ensuring that each party to the grievance has the opportunity to be heard and the determination occurs by an unbiased decision maker.

The ‘Disciplinary Procedure’ is underpinned by the principleof ‘natural justice’.

If this Policy conflicts with the Victorian Associations Incorporated Reform Act 2012, the Act shall override the Policy.

AUTHORITY & SCOPE

This document has been approved by the <Name of Organisation>Board/Committee of Management and applies to all 'members’ of the organisation.

PROCEDURE

A series of undertakings will be instituted by the organisation to ensure knowledge of and access to:

-<Name of Organisation>‘Grievance Procedure’ and ‘Disciplinary Procedure’

‘Grievance Procedure’

The President(or Vice President, if the President is party to the Grievance) will:

-provide a copy of the Grievance Procedure’’, to any member who wishes to enter into a grievance process

-ensure the ‘Grievance Procedure’ is followed

‘Disciplinary Procedure

The President(or Vice President, if the President is subject to the disciplinary action) will:

-ensure the disciplinary process is followed in accordance to the associations own rules (or the Models Rules if the association’s rules is silent on the matter)

Other considerations for ‘Grievance Procedures’ and ‘Discipline Procedures’ include:

If a group is taking disciplinary action against, a member, that member cannot start a grievance in relation to the discipline until the disciplinary procedure has concluded. Similarly, there are laws proposed currently that will prevent an association from starting a disciplinary action when a grievance dispute is being undertaken at the same time.
If your organisation uses the new model rules, rules 25-29 contain the grievance procedure. If your rules don’t say anything about grievance or dispute resolution procedures (this is rare), then the law says that rules 25-29 of the new model rules will automatically apply to your organisation.
‘Disciplinary Procedures’ must provide ‘natural justice’.
If your organisation uses the model rules, rules 19-24 contain the ‘Disciplinary Procedure’.
If a grievance has been started, you cannot discipline a member in relation to the issue that is the subject of the grievance until the grievance procedure has been completed.
You also cannot allow a grievance procedure to be undertaken if a member is currently the subject of a disciplinary procedure regarding the same issue.
Each party to the grievance should be afforded the opportunity to be heard and the determination occurs by an unbiased decision maker.

ACCOUNTABILITY

-Board/Committee of Management

REVIEW

This policy will be reviewed tri-annually by the Board/Committee of Management of the <Name of Organisation>. Draft reviews prepared by Secretary.

AUTHORISATION

President, Board/Committee of Management ______Date:01/01/2016

Next Review Date: 01/01/2019

Cross References:

Club Constitution (Rules)

Grievance Procedure (see Appendix 2.1)

Disciplinary Procedure (see Appendix 2.2)

Associations Incorporation Reform Act 2012

Incorporating amendments as at 1 October 2015

Part 5—Rules, membership and general meeting

Division 2—Membership

54Disciplinary action

55Grievance procedure

Model Rules

Rules 19-24 - Disciplinary Procedure (see appendix 2.3)

Rules 25-29 - Grievance Procedure(see appendix 2.4)

Appendix 2.1

Grievance Procedure from Club Constitution (Rules)

Appendix 2.2

Disciplinary Procedure from Club Constitution (Rules)

Appendix 2.3

Disciplinary Action Procedure from Model Rules

Division 2—Disciplinary action

19Grounds for taking disciplinary action

The Association may take disciplinary action against a member in accordance with this Division if it is determined that the member—

(a)has failed to comply with these Rules; or

(b)refuses to support the purposes of the Association; or

(c)has engaged in conduct prejudicial to the Association.

20Disciplinary subcommittee

(1)If the Committee is satisfied that there are sufficient grounds for taking disciplinary action against a member, the Committee must appoint a disciplinary subcommittee to hear the matter and determine what action, if any, to take against the member.

(2)The members of the disciplinary subcommittee—

(a)may be Committee members, members of the Association or anyone else; but

(b)must not be biased against, or in favour of, the member concerned.

21Notice to member

(1)Before disciplinary action is taken against a member, the Secretary must give written notice to the member—

(a)stating that the Association proposes to take disciplinary action against the member; and

(b)stating the grounds for the proposed disciplinary action; and

(c)specifying the date, place and time of themeeting at which the disciplinary subcommittee intends to consider the disciplinary action (the disciplinary meeting); and

(d)advising the member that he or she may do one or both of the following—

(i)attend the disciplinary meeting and address the disciplinary subcommittee at that meeting;

(ii)give a written statement to the disciplinary subcommittee at any time before the disciplinary meeting; and

(e)setting out the member's appeal rights under rule 23.

(2)The notice must be given no earlier than 28 days, and no later than 14 days, before the disciplinary meeting is held.

22Decision of subcommittee

(1)At the disciplinary meeting, the disciplinary subcommittee must—

(a)give the member an opportunity to be heard; and

(b)consider any written statement submitted by the member.

(2)After complying with subrule (1), the disciplinary subcommittee may—

(a)take no further action against the member; or

(b)subject to subrule (3)—

(i)reprimand the member; or

(ii)suspend the membership rights of the member for a specified period; or

(iii)expel the member from the Association.

(3)The disciplinary subcommittee may not fine the member.

(4)The suspension of membership rights or the expulsion of a member by the disciplinary subcommittee under this rule takes effect immediately after the vote is passed.

23 Appeal rights

(1)A person whose membership rights have been suspended or who has been expelled from the Association under rule 22 may give notice to the effect that he or she wishes to appeal against the suspension or expulsion.

(2)The notice must be in writing and given—

(a)to the disciplinary subcommittee immediately after the vote to suspend or expel the person is taken; or

(b)to the Secretary not later than 48 hours after the vote.

(3)If a person has given notice under subrule (2), a disciplinary appeal meeting must be convened by the Committee as soon as practicable, but in any event not later than 21 days, after the notice is received.

(4)Notice of the disciplinary appeal meeting must be given to each member of the Association who is entitled to vote as soon as practicable and must—

(a)specify the date, time and place of the meeting; and

(b)state—

(i)the name of the person against whom the disciplinary action has been taken; and

(ii)the grounds for taking that action; and

(iii)that at the disciplinary appeal meeting the members present must vote on whether the decision to suspend or expel the person should be upheld or revoked.

24Conduct of disciplinary appeal meeting

(1)At a disciplinary appeal meeting—

(a)no business other than the question of the appeal may be conducted; and

(b)the Committee must state the grounds for suspending or expelling the member and the reasons for taking that action; and

(c)the person whose membership has been suspended or who has been expelled must be given an opportunity to be heard.

(2)After complying with subrule (1), the members present and entitled to vote at the meeting must vote by secret ballot on the question of whether the decision to suspend or expel the person should be upheld or revoked.

(3)A member may not vote by proxy at the meeting.

(4)The decision is upheld if not less than three quarters of the members voting at the meeting vote in favour of the decision.

Appendix 2.4

Grievance Procedure from Model Rules

Division 3—Grievance procedure

25Application

(1)The grievance procedure set out in this Division applies to disputes under these Rules between—

(a)a member and another member;

(b)a member and the Committee;

(c)a member and the Association.

(2)A member must not initiate a grievance procedure in relation to a matter that is the subject of a disciplinary procedure until the disciplinary procedure has been completed.

26 Parties must attempt to resolve the dispute

The parties to a dispute must attempt to resolve the dispute between themselves within 14 days of the dispute coming to the attention of each party.

27Appointment of mediator

(1)If the parties to a dispute are unable to resolve the dispute between themselves within the time required by rule 26, the parties must within 10days—

(a)notify the Committee of the dispute; and

(b)agree to or request the appointment of a mediator; and

(c)attempt in good faith to settle the dispute by mediation.

(2)The mediator must be—

(a)a person chosen by agreement between the parties; or

(b)in the absence of agreement—

(i)if the dispute is between a member and another member—a person appointed by the Committee; or

(ii)if the dispute is between a member and the Committee or the Association—aperson appointed or employed by the Dispute Settlement Centre of Victoria.

(3)A mediator appointed by the Committee may be a member or former member of the Association but in any case must not be a person who—

(a)has a personal interest in the dispute; or

(b)is biased in favour of or against any party.

28Mediation process

(1)The mediator to the dispute, in conducting the mediation, must—

(a)give each party every opportunity to be heard; and

(b)allow due consideration by all parties of any written statement submitted by any party; and

(c)ensure that natural justice is accorded to the parties throughout the mediation process.

(2)The mediator must not determine the dispute.

29Failure to resolve dispute by mediation

If the mediation process does not resolve the dispute, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.

<Name of Organisation

Policy Document 3

Working with Children

POLICY

To ensure that legislative compliance is adhered to in the case of Human Resource Personnel of the <Name of Organisation>.working with children in an unsupervised situation.

DEFINITIONS

-'Human Resource Personnel' refers to members, volunteers, employed staff and the Board/Committee of Management of <Name of Organisation>.

-The ‘Working with Children Check’ screens people’s criminal records and professional conduct and preventing those who pose an unjustifiable risk to children from working with or caring for them

PRINCIPLES

Working with Children Checks are undertaken to help protect children from physical and sexual harm.

AUTHORITY & SCOPE

This document has been approved by the <Name of Organisation>Board/Committee of Management and applies to all 'members’ of the organisation.

PROCEDURE

i)Ensure all employees or volunteers who are required to get a WWC Check have done so, unless and exemption applies

ii)A current ‘Working with Children Check’ is to be sighted and documented prior to engagement.

ACCOUNTABILITY

-Board/Committee of Management

REVIEW

This policy will be reviewed tri-annually by the Board/Committee of Management of the <Name of Organisation>. Draft reviews prepared by Secretary.

AUTHORISATION

President, Board/Committee of Management ______Date:01/01/2016

Next Review Date: 01/01/2019

Cross References:

State Government Information

Working with Children Check Information Guide

Who needs a check?

Exemptions

Parents who have children participating