CODE OF CONDUCT

All JFF codes, policies and guidelines apply equally to JFFA and JFFI, as indicated in the Cooperation Agreement

between the two organisation and are separately approved/accepted by both Boards.

JFFA refers to The John Fawcett Foundation incorporated in Australia

JFFI refers to the Yayasan John Fawcett Indonesia

JFF refers to the whole organisation (JFFA and JFFI)

 

JFF MISSION STATEMENT

JFF is a humanitarian not-for-profit organisation that assists needy people in Indonesia with its main focus

on sight restoration and blindness prevention.

JFF offers its assistance to people in the lower socio-economic group free of charge and without religious,

political or ethnic consideration.

JFF works in areas of Indonesia where people are impoverished and medical specialist services are scarce.

 

OBJECTS OF JFF

1. To relieve suffering and distress of children and adults in Indonesia in the lower socio-economic

group, occasioned through blindness and visual problems, and cleft and other deformities

particularly in children, through the provision of medical equipment and medical services to cure,

prevent and control such conditions and the provision of technical, advisory, welfare and support

services;

2. To raise, receive, hold and invest funds to financially support such work;

3. To operate without alignment to any governmental, institutional, political or religious organisation;

and

4. To carry out such other related purposes as the relevant Executive Board may determine.

JFF shall operate on a non-profit basis. The property and income of JFF shall be applied solely towards the

promotion of the objects of JFF. No part of the property or income of JFF may be paid, applied or

distributed, directly or indirectly, by way of dividend, bonus or otherwise by way of pecuniary profit to any

Members, provided that JFF may remunerate in good faith officers, employees and servants of JFF or other

persons for services rendered to JFF in promotion of the objects of JFF.

 

COMMITMENTS

JFF is committed to the following principles as they apply to its activities:

1. Offering its services free of charge to people in the lower socio-economic group, and without

religious, political, gender or ethnic consideration

2. Respecting and protecting the rights of the people it assists, and responding to their needs as best it

can to improve their quality of life

3. Safeguarding the rights of children and those who are vulnerable to sexual exploitation and abuse

4. Working with local authorities, partners and professional medical organisations to conduct its

activities, and providing training programs if necessary so that the skill level of the local medical

profession will be raised

5. Encouraging donors and supporters to visit the programs to see firsthand the outcomes of their

support

6. Safeguarding the environment in whatever way possible – both in field activities and at JFF

headquarters

7. Being honest in communications about its activities and outcomes

8. Being transparent in our financial accounting and reports, and having systems in place to avoid

fraudulent activities

9. Collecting, maintaining and using information about patients and donors ethically and mindfully

about the privacy of the individuals concerned

10. Meeting all legal and compliance requirements.

 

REVIEW

This Code will be reviewed every two years.

 

RELATED POLICIES AND GUIDELINES

• Cooperation Agreement between JFFA and JFFI

• Safeguarding Policy and Code

• Control of Funds and Resources

• Disability Inclusion Policy

• Environment Policy

• Human Rights Policy

• Information Management & Privacy Policy

• Open Information

• Partnerships: Due Diligence & Capacity Assessment

• Policy & Guidelines for Visitors to Village Programs

• Prevention of Financial Wrongdoing, Bribery & Corruption

• Safeguarding Against the Risk of Financing Terrorist Activities

 

2019 Code revised: June 2021

Approved by JFFA Board 2 July 2021

Approved by JFFI Board 2 July 2021

Review due: August 2023

COMPLAINTS POLICY

 All JFF policies and guidelines apply equally to JFFA and JFFI, as indicated in the Cooperation Agreement between the two organisations and are separately approved/accepted by both Boards.

JFFA refers to The John Fawcett Foundation incorporated in Australia

JFFI refers to the Yayasan John Fawcett Indonesia

JFF refers to the whole organisation (JFFA and JFFI)

 

PURPOSE OF THE POLICY

JFF believes that a formal mechanism for handling complaints is an essential component of our organisational accountability and gives stakeholders the opportunity to provide feedback on work that impacts them. JFF holds that all people affected by its interventions have the right to provide feedback (positive or negative) and to receive an appropriate and timely response.

By implementing good practice in the handling of negative feedback/complaints, our Foundation will continue to build a culture of accountability, placing our stakeholders at the centre of the work that we undertake. Addressing and responding to the grievances and feedback of our stakeholders at every level is a practical demonstration of our commitment to the empowerment of the communities with which we work, our staff safety, and operating transparently with all our donors. In addition, the learning we can derive from responding to and adapting to prevent future complaints drives the continuous improvement of our work through regular reviews at managerial level that take into consideration analysis of complaint information.

 

PERSONS TO WHOM THIS POLICY APPLIES

Feedback (negative or positive) is welcome from anyone, and particularly the following stakeholders:

1. JFF staff

2. Members of the JFF Boards

3. Collaborative service providers, consultants, advisers or trainers

4. Volunteer service providers, consultants, advisers, and trainers

5. Donors

6. Patients receiving assistance in any of JFF’s programs

7. Communities where JFF conducts programs.

 

DEFINITION OF TERMS

Complaint: an expression of dissatisfaction made to JFF, related to its products or services, or the complaint handling process itself, where a response or resolution is explicitly or implicitly expected.

Complainant: a person, organisation, or its representative, making a complaint.

Enquiry: a request for information or an explanation.

Feedback: opinions, comments, suggestions, and expressions of interest in the products or services of JFF.

Stakeholder or interested party: a person or group having an interest in the performance or success of JFF.

Whistleblower: a person who informs on a person or organisation regarded as engaging in an unlawful or immoral activity.

 

RESPONSIBILITIES

1. JFFI staff, volunteers, contractors and partners who are aware of possible wrongdoing have a responsibility to disclose that information

2. JFF guarantees that staff and volunteers who, in good faith, disclose perceived wrongdoing will be protected from adverse employment consequences

3. JFF guarantees a fair and impartial investigative process.

 

Complaints or any report of whistleblowing will be handled at two focal points, depending on the nature and location of the source of the complaint:

1. Complaints or any report of whistleblowing relating to the Australian Foundation, its staff or Board members will be handled by the JFFA Chairman (Mr David Miller) or Deputy Chair (Ms Allison Manners).

2. Complaints or any report of whistleblowing relating to the Indonesian Foundation, its staff or Board members will be handled by the JFFI Chairman/Executive Manager (Gede Bingin) or Treasurer/Financial Manager (Ni Gusti Ayu Susilawati).

 

It is the responsibility of JFF’s leadership to ensure that:

1. potential problems are identified and addressed before they become formal grievances

2. they are aware of, and are committed to the principles of communicating and information sharing with all stakeholders

3. any complaint is handled in the most appropriate manner at the earliest opportunity

4. all stakeholders are treated fairly and without fear of intimidation

5. any staff and volunteers who in good faith disclose perceived wrongdoing will be protected from adverse employment consequences

6. staff are aware that malicious allegations may result in disciplinary action

7. any staff member found to have taken reprisal actions or victimised the whistleblower will face disciplinary action, including the possibility of dismissal.

 

It is the responsibility of all parties to a dispute to ensure that they attempt to resolve any issues through internal processes at the earliest opportunity.

JFF will ensure that:

1. stakeholders are aware of their obligations and responsibilities in relation to communication and information sharing

2. staff, volunteers, contractors, and partners who are aware of possible wrongdoing are aware that they have a responsibility to disclose that information

3. all managers, supervisors, employees, and volunteers are aware of their obligations and responsibilities in relation to handling complaints and reports of whistleblowing

4. any complaint that comes to the attention of supervisors is handled in the most appropriate manner at the earliest opportunity.

 

POLICY

JFF will

1. provide a structure to handle complaints

2. ensure that participants to any dispute are not intimidated and are treated fairly

3. hold regular information sessions with staff to make clear the principles and processes developed for handling complaints

4. encourage staff to report to their supervisor or appropriate person depending on the level according to the structure any complaint or criticism that reflects badly on JFF’s activities

5. ensure that complaints are handled in line with relevant policies;

6. provide appropriate assistance and referrals to the complainant based on his/her needs

7. through publicity material and direct contact with stakeholders, make clear that proper processes are in place to deal with any criticism arising from any of its humanitarian activities.

 

FEEDBACK AND COMPLAINTS GUIDELINES

HOW COMPLAINTS ARE MADE

JFF will respond to enquiries or expressions of dissatisfaction raised verbally to staff or through other channels such as social media; however, the preferred method is by email or letter to JFFA or JFFI, depending on the complainant’s location and the nature of the complaint. Anonymous complaints will be handled in the same way as those in which the complainant is identified. JFF is committed to maintaining anonymity of the complainant and confidentiality of the complaint if required, including the documentation of the complaint and outcome.

JFFA Contacts

Chairman, Mr David Miller , OAM
The John Fawcett Foundation, PO Box 1101, Nedlands, WA 6909
Email: miller@iinet.net.au

or

Deputy Chair, Ms Allison Manners
The John Fawcett Foundation, PO Box 1101, Nedlands, WA 6909
Email: amanners.cbhs@gmail.com

Include date, location and details of the complaint, and contact details.

JFFI Contacts

Executive Manager, Gede Bingin,
Yayasan John Fawcett Indonesia, Jalan Pengembak 16, Sanur, Bali
Email: gedebingin@johnfawcett.org

or

Financial Manager, Ni Gusti Ayu Susilawati (Susi)
Yayasan John Fawcett Indonesia, Jalan Pengembak 16, Sanur, Bali
Email: yki@indo.net.id

Include date, location and details of the complaint, and contact details.

 

INITIAL REVIEW

The initial review process depends on:

1. severity of the complaint

2. immediacy of response required

3. impact on the individual

4. impact on the reputation of JFF

5. financial considerations for JFF

6. systemic implications/potential to escalate

7. based on the above, who undertakes the review

 

JFF has a process for handling feedback and complaints from recipients of its services or partners.

1. Complaints from recipient of surgeries/medical treatment (JFFI)

Each patient receives a written handout at the post-operative check, explaining what to do in the event of a problem following the surgery, giving the telephone number of JFF’s Bali office (0361 270812) or JFF’s email address (jff@johnfawcett.org). The team also presents verbally to the patients and their accompanying family members at the start of each program outlining how the program is run and providing information about the complaints procedure so that everyone understands, including people who are illiterate.

Calls or emails to the Bali office are referred to the Executive Manager who will inform the complainant of the following process by way of acknowledgement:

• Patients contacting JFFI would be referred to the operating surgeon or their local community health centre, depending on the severity of the problem.

Time Frame

2. Complaints about JFFI staff dealing with patients in the screening situation

JFFI works closely with the Banjar (local village organisation) in all its programs, and the following

process for handling complaints is in place:

1. people with a complaint would go first to the Banjar

2. the Banjar would then contact the Executive Manager of JFFI at JFF’s Bali office (0361 270812) or email address (jff@johnfawcett.org)

3. JFFI would trace the relevant staff member through the scheduling and roster of staff

4. senior management staff would discuss the complaint with this person, keeping anonymity of the complainant secure if required

5. should the complaint prove to be justified, the staff member is issued with a warning about their behavior, the first of three warnings before dismissal (depending on the nature and seriousness of the complaint)

6. If the initial assessment of the complaint determines that further investigation is not warranted, the Executive Manager or appropriate senior staff member would inform the complainant with this outcome and the reasons for this decision.

 

Time Frame

3. Complaints about other issues

JFFA has in place dispute resolution procedures set out in its Rules of Incorporated Association, as follows:

The dispute resolution procedures set out in this Rule applies to disputes between:

a. a member and another member; or

b. a member and JFF.

These complaints can be made to:
Chairman, Mr David Miller, OAM
The John Fawcett Foundation, PO Box 1101, Nedlands, WA 6909
Email: miller@iinet.net.au

or

Deputy Chair, Ms Allison Manners
The John Fawcett Foundation, PO Box 1101, Nedlands, WA 6909
Email: amanners.cbhs@gmail.com
Acknowledgement of complaint: 5 working days

The parties to the dispute must meet and discuss the matter in dispute and, if possible, resolve the dispute within fourteen days.

If the initial assessment of the complaint determines that further investigation is not warranted, the

Chairman would inform the complainant with this outcome and the reasons for this decision.

If the parties are unable to resolve the dispute at the meeting or if a party fails to attend that meeting, then the parties must within ten days hold a meeting in the presence of a mediator.

The mediator must be:

1. person chosen by agreement between the parties; or

2. in the absence of agreement, the person who is nominated by the Chairperson.

The mediator cannot be a party to the dispute.

The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

The mediator, in conducting the mediation, must:

1. give the parties to the mediation a reasonable opportunity to be heard

2. allow due consideration by all parties of any written submissions

3. ensure that natural justice is accorded to the parties. If the mediation process does not result in the dispute being resolved either party may seek to resolve the dispute in accordance with the Act or otherwise at law. If the complainant is unhappy with the outcome, they are able to make a complaint to the Australian Council for International Development (ACFID) Code of Conduct Committee.

4. Complaints that fall outside the scope of this policy

Complaints that fall outside the scope of this policy should be referred to the Chairman / Deputy Chair (JFFA) or the Executive Manager / Financial Manager (JFFI) who will decide on the best way to refer the complaint to the appropriate body.

 

INVESTIGATION PROCESS AND DETERMINATION

JFF takes complaints seriously and is committed to investigating and arriving at a solution as quickly as possible. The level of resources required will vary according to the nature and severity of the complaint and its implications.

The investigation process will identify who will undertake this, including how a determination is reached, and how the determination will be communicated back to the complainant.

Types of complaints and determining the procedure

• Minor complaints/misunderstandings: If a complaint is determined to be based on a misunderstanding or insufficient information it is likely that provision of information immediately satisfies the complainant.

• Frivolous/capricious/vexatious complaints: To prevent these types of complaints escalating, an early withdrawal should be negotiated. If this isn’t possible and the complaint cannot be resolved, then the matter may be taken further to the ACFID Code of conduct Committee.

• Serious complaints: All serious complaints will be referred to senior management of either JFFA or JFFI, as outlined above.

 

REPORTING AND RECORDING OF COMPLAINTS

JFF is committed to learning from complaints and their outcomes. For complaints made in Indonesia, JFFI maintains a Complaints Register kept by the Executive Manager, recording the date, location, nature and severity of the complaint, how the complaint was handled and the outcome. For those made in Australia, JFFA maintains a similar register, kept by the International Coordinator.

Minor complaints will be recorded with date, location, nature of complaint, complainant, and outcome, while more serious complaints will be recorded in more detail, with dates of progress, personnel involved in handling the complaint, outcome, and any ongoing issues. Confidential records will be kept of all misconduct complaints, noting the ability to de-identify complaints at the request of the complainant or victim.

 

CONFIDENTIALITY

Information that identifies the complainant will be kept confidential by JFF and will only be available where needed to deal with the complaint within the organisation. It will be actively protected from disclosure unless the complainant expressly consents to its disclosure.

 

MANAGING REPORTS AND CONTINUOUS IMPROVEMENT

Senior management and relevant section leaders will discuss all complaints and reports of whistleblowing received and ways to improve procedures or practices relating to the complaint. Complaints that affect the reputation of the organisation will be reported to the relevant governing bodies.

JFF’s Complaints Policy will be reviewed every two years. Complaints received and how these were handled will be part of the review process.

 

COMMUNICATION OF THE POLICY

JFF’s Complaints Policy will be available to the public on the website: johnfawcett.org. Beneficiaries will be briefed during activity programs on the ways to contact JFFI in the event of a problem or issue about which they have cause to complain.

 

REVIEW

This policy will be reviewed every two years.

 

RELATED POLICIES AND GUIDELINES

• Cooperation Agreement between JFFA and JFFI

• Safeguarding Policy & Code

• Gender Equity Guidelines

• Disability Inclusion Policy

• Code of Conduct

2020 Policy revised: September 2021
Approved by JFFA Board 8 October 2021
Accepted by JFFI Board September 2021
Review due: August 2023

CONFLICT OF INTEREST

All JFF policies and guidelines apply equally to JFFA and JFFI, as indicated in the Cooperation Agreement

between the two organisation and are separately approved/accepted by both Boards.

JFFA refers to The John Fawcett Foundation incorporated in Australia

JFFI refers to the Yayasan John Fawcett Indonesia

JFF refers to the whole organisation (JFFA and JFFI)

 

PURPOSE OF THE POLICY

The purpose of this policy is to help members of the JFF Boards to effectively identify, disclose and manage

any actual, potential or perceived conflicts of interest in order to protect the integrity of JFF and manage

risk.

 

OBJECTIVE

The policy aims to ensure that the members of the JFF Boards 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.

 

DEFINITION

A conflict of interest occurs when the personal interests of a person conflict with their responsibility to act

in the best interests of JFF. Personal interests include the interests of the individual, as well as those of

family, friends, or other organisations a person may be involved with or in which they have an interest.

It also includes a conflict between a Board member’s duty to JFF 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 JFF, and must be managed accordingly.

 

POLICY

This policy has been developed to address conflicts of interest affecting JFF.

We recognise that conflicts of interest are common, and they do not need to present a problem to JFF, as

long as they are openly and effectively managed.

It is the policy of JFF as well as a responsibility of the Boards, 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 JFF.

 

JFF will manage conflicts of interest by requiring Board members to:

1. avoid conflicts of interest where possible

2. identify and disclose any conflicts of interest

3. carefully manage any conflicts of interest

4. follow this policy and respond to any breaches.

 

Responsibility of the Boards

The JFF Boards are responsible for:

1. identifying, disclosing, and managing conflicts of interest across JFF

2. monitoring compliance with this policy

3. ensuring that members of the Boards 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.

Reference: Conflict of interest policy | Australian Charities and Not-for-profi…

https://www.acnc.gov.au/tools/templates/conflict-interest-policy 2 of 4 6/10/20, 13:26

Identification and disclosure of conflicts of interest

1. Once an actual, potential or perceived conflict of interest is identified, it must be entered into the

relevant Register of Interests, as well as being raised with the relevant Board.

2. The Registers record information related to a conflict of interest, including the nature and extent of the

conflict of interest and steps taken to address it.

3. The JFFA Register of Interests is maintained by the International Coordinator.

4. The JFFI Register of Interests is maintained by the Executive Manager in Bali.

5. In a situation where every Board member shares a particular conflict, the Board should refer to ACNC

Governance Standard 5 to ensure that proper disclosure occurs.

 

Confidentiality of disclosures

1. Access to the Register of Interests is restricted to Board members and the International Coordinator.

2. Disclosure of a conflict of interest is made, discussed, and voted on at a Board meeting and included in

the Minutes. Access to the Minutes to members of the public is at the discretion of the respective

Chairmen.

 

ACTION REQUIRED FOR MANAGEMENT OF CONFLICTS OF INTEREST

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) decides whether or not those

conflicted Board members should:

1. vote on the matter

2. participate in any debate

3. 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, the Board will consider if it is appropriate for the

person conflicted to resign from the Board.

 

Considerations

In deciding what approach to take, the Board will consider

1. whether the conflict needs to be avoided or simply documented

2. whether the conflict will impair the disclosing person’s capacity to impartially participate in decisionmaking

3. alternative options to avoid the conflict

4. JFF’S objects and resources

5. the ACNC Conflict of Interest Policy

6. the possibility of creating an appearance of improper conduct that might impair confidence in, or the

reputation of, JFF.

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.

 

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, the

Board 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 JFF.

If a person suspects that a Board member has failed to disclose a conflict of interest, they must notify the

Chairman of the Board.

 

CONTACTS

For questions about this policy, contact the Chairman of the relevant Board.

 

REVIEW

This policy will be reviewed every two years, in conjunction with the Registers of Interest.

 

RELATED POLICIES AND GUIDELINES

• Cooperation Agreemente between JFFA and JFFI

• Risk Management Framework

• Procurement Guidelines

• Ethical Decision-Making Framework

• Prevention of Financial Wrongdoing, Bribery & Corruption

 

2019 Policy revised: June 2021

Approved by JFFA Board 8 October 2021

Accepted by JFFI Board 12 August 2021

Review due: August 2023

NON-DEVELOPMENT ACTIVITY

All JFF policies and guidelines apply equally to JFFA and JFFI, as indicated in the Cooperation Agreement

between the two organisation and are separately approved/accepted by both Boards.

JFFA refers to The John Fawcett Foundation incorporated in Australia

JFFI refers to the Yayasan John Fawcett Indonesia

JFF refers to the whole organisation (JFFA and JFFI)

 

GENERAL

The John Fawcett Foundation operates without alignment to any governmental, institutional, political

or religious affiliation. Through its financial and management controls JFF ensures that no funds are

expended outside its Mission, which states:

The objects of JFF are to:

• relieve suffering and distress of children and adults in Indonesia in the lower socio-economic

group, occasioned through blindness and visual problems, and cleft and other deformities

particularly in children, through the provision of medical equipment and medical services to cure,

prevent and control such conditions and the provision of technical, advisory, welfare and support

services

• raise, receive, hold and invest funds to financially support such work

• operate without alignment to any governmental, institutional, political or religious affiliation.

 

PERSONS TO WHOM THIS POLICY APPLIES

• JFFA and JFFI staff and their partners and associates

• Members of the Boards of JFFA and JFFI

• Volunteer and contracted service providers, consultants, advisers or trainers, their partners and

associates

 

DEFINITIONS

Development and humanitarian activities: Activities undertaken to reduce poverty and address

global justice issues. In the non-government organisation sector, this may occur through a range of

engagements that includes community projects, humanitarian response and emergency

management, community education, advocacy, volunteer sending, provision of technical and

professional services and resources, environmental protection and restoration, and promotion and

protection of human rights.

Non-development activities: Includes activities undertaken to promote a particular religious

adherence or to support a particular party, candidate or organisation affiliated to a political party.

 

POLICY

JFF will:

1. ensure that no funds are expended on activities that are not embraced by JFF’s mission statement

2. refuse to accept any funding for an activity that involves attempts to convert people from one

religion, belief, or opinion to another, or that supports a political party, candidate or organisation

affiliated to a political party

3. through its website, Annual Report, NewsUpdates and other promotional and fundraising material

promote JFF as an organisation that operates without alignment to any governmental,

institutional, political, or religious affiliation

4. undertake regular training sessions for staff to ensure that they understand the difference between

development and non-development activities

5. make clear in its fundraising activities the purpose for which the funds are being raised

6. provide regular reports to donors which confirm that the funds were expended for the purpose for

which they were donated

 

REVIEW

This policy will be reviewed every two years.

 

RELATED POLICIES AND GUIDELINES

• Cooperation Agreement between JFFA and JFFI

• Ethical Decision-Making Framework

• Partnerships: Due Diligence & Capacity Assessment

 

2020 Policy revised: June 2021

Approved by JFFA Board 8 October 2021

Accepted by JFFI Board 12 August 2021

Review due: August 2023

OPEN INFORMATION POLICY

JFF is committed to being transparent in its work and accountable to its stakeholders.

We will share information about the Foundation and its projects with the people we assist, partner organisations, granting bodies, donors and supporters, volunteers and suppliers.

We are aware that what information we publish and how we respond to requests for information are important aspects of our accountability and of how we garner support for our work. We will proactively publish information about the Foundation and its projects, and on request will disclose additional information, or give reasons for any decision not to disclose (eg to respect confidentiality or privacy).

Individual donors/donor groups will receive reports about programs they have supported including, numbers of people assisted and in what way and, if required, detailed financial reporting.

All decisions about disclosure of information will be made on the basis of the potential impact on our work with people from the lower socio-economic group who require assistance.

We welcome feedback from stakeholders on all aspects of our work, both positive and negative, as this helps us to maintain the quality of service we strive to achieve and will aim to respond to such feedback in a timely manner.

2018 Privacy Poliicy and 2019 Information Management Policy combined: June 2021

Approved by JFFA Board 2 July 2021

Approved by JFFI Board 2 July 2021

Review due: August 2023

PREVENTION OF FINANCIAL WRONGDOING, BRIBERY AND CORRUPTION

PRINCIPLE

JFF has zero tolerance of financial wrongdoing, bribery and corruption and the prevention of these occurring are a high priority.

The purpose of this policy is to communicate clear expectations regarding the prevention of financial wrongdoing to our stakeholders, ensure that relevant stakeholders are aware of their responsibilities in the prevention and reporting of financial wrongdoing, and provide guidance for the investigation of any allegations of financial wrongdoing.

PERSONS TO WHOM THIS POLICY APPLIES

  • JFFA and JFFI Staff and their partners and associates
  • Members of the Boards of JFFA, JFFI
  • The Trustees of JFF(UK)
  • The Program Manager of JFF (USA)
  • Individually contracted service providers, consultants, advisers or trainers and their partners and associates
  • Volunteer service providers, consultants, advisers or trainers and their partners and associates

DEFINITIONS

Bribery: the offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal, unethical or a breach of trust. Inducements can take the form of gifts, loans, fees, rewards or other advantages.

Corruption: the abuse of entrusted power for private gain.

Financial Wrongdoing: behaviour that is illegal or immoral with regards to financial transactions. Includes bribery, corruption, fraud, money-laundering, terrorism financing and violation of sanctions imposed by the Australian government.

Fraud: Dishonestly obtaining a benefit, or causing a loss, by deception or other means.

Money Laundering: the process of concealing the origin, ownership or destination of illegally or dishonestly obtained money and hiding it within legitimate economic activities to make them appear legal.

FINANCIAL WRONGDOING

JFF promotes a culture of honesty, integrity and trust. We are committed to the prevention of financial wrongdoing through the promotion of an ethical and transparent environment where all personnel actively participate in responsible stewardship of the organisation’s resources and reputation.

JFF recognises that there are potential risks of financial wrongdoing in our operations and program delivery. In recognising this, JFF proactively assesses and manages identified risks in order to prevent financial wrongdoing occurring. This is achieved by examining each activity and program and its

potential for exposure to financial wrongdoing. Senior staff members of JFFA and JFFI are aware of the risks of financial wrongdoing and actively minimise the opportunities and situations where such wrongdoing can occur.

All staff and volunteers will be advised to use their best efforts to prevent financial wrongdoing. They will be provided with a copy of this policy upon initial engagement with JFF and will be required to acknowledge that they have read and understood it.

REPORTING

Any person who suspects a financial wrongdoing incident related to the operations of JFF should report it to their manager as soon as possible. If they suspect that their manager is involved in the financial wrongdoing, they should report this to the Treasurer, Financial Officer or Executive Manager. Any person who reports suspected financial wrongdoing in good faith will not be penalised for raising a concern of this nature.

Any stakeholder complaints in relation to the management of financial wrongdoing should be referred to the Executive Manager or International Cooredinator in the first instance. Our Complaints Handling policy and procedure should be followed in this instance.

An objective and impartial investigation will be conducted for all cases of suspected financial wrongdoing.

Once an apparent case of financial wrongdoing is established, the Chair of the Board and external legal counsel will decide on next steps, including reporting to the relevant authorities.

If an allegation of fraud is substantiated by the investigation, disciplinary action, up to and including dismissal (or termination of an individual’s right to work as a contractor or volunteer), shall be taken by the appropriate level of management.

ROLES AND RESPONSIBILITIES

The Executive Board of JFFhas ultimate responsibility for the prevention and detection of financial wrongdoing and for ensuring that appropriate internal control systems are in place.

All personnel are responsible for:

  • ensuring that they are familiar with and comply with financial wrongdoing policies and procedures;
  • conducting themselves with integrity and avoiding financial wrongdoing of any kind;
  • demonstrating awareness of prevention of financial wrongdoing practices; and
  • reporting all suspected cases of financial wrongdoing as soon as possible in line with the policy.

The JFFA Treasurer and JFFI Financial Officer are responsible for the design of the internal control environment to ensure that financial wrongdoing is prevented.The Executive Manager is responsible for ensuring that the internal control environment is effective. All staff are responsible for operating in accordance with the internal control environment.

All managers should ensure that they assess the risk of financial wrongdoing in their areas of responsibility, are alert to any indicators of such conduct, ensure that their teams are trained in financial wrongdoing awareness and facilitate reporting of any suspected financial wrongdoing.

All staff and volunteers have responsibility for preventing and detecting financial wrongdoing.

All Executive Board members are responsible for ensuring they conduct themselves ethically and that they are aware of potential risks of financial wrongdoing at JFF.

The JFFA Treasurer and JFFI Financial Officer are responsible for designing systems that prevent and detect financial wrongdoing. The Treasurer will investigate any reports of suspected financial wrongdoing with the support of the external auditors and will report findings to the Executive Board for decision-making.

The Exectuive Board has responsibility for the monitoring and review of this policy and every employee of JFFA and JFFI has an obligation to assist in upholding it.

The policy is translated into Indonesian for JFFI management and staff.

BRIBERY AND CORRUPTION

Principle

The Foundation prohibits bribery and corruption in all forms, whether direct or indirect.

The Foundation does not offer, promise, give, demand or accept any undue advantage, whether directly or indirectly, to or from:

  • a public official;
  • a political candidate, party or party official;
  • a community leader or other person in a position of public trust; or
  • any private sector employee (including a person who directs or works for a private sector enterprise in any capacity) in order to obtain, retain or direct business or to secure any other improper advantage in the conduct of business.The Foundation is aware of the potential for commercial agency arrangements and charitable contributions to be used as a cover for bribery. All agency arrangements and charitable contributions can only be made in accordance with due diligence standards.

APPROVAL AND REVIEW

JFF’s Prevention of Financial Wrongdoing, Bribery and Corruption Policy will be reviewed for effectiveness and updated as required every two years. This policy will be approved by management and the Board.

RELEVANT POLICIES

Code of Conduct
Complaints Policy
Control of Funds and Resources
Financial Reporting
Safeguarding our Organisation against the Risk of Financing Terrorist Activities

2019 Code revised: June 2021

Approved by JFFA Board 2 July 2021

Approved by JFFI Board 2 July 2021

Review due: August 2023

SAFEGUARDING POLICY

All JFF policies and guidelines apply equally to JFFA and JFFI, as indicated in the Cooperation Agreement

between the two organisation and are separately approved/accepted by both Boards.

JFFA refers to The John Fawcett Foundation incorporated in Australia

JFFI refers to the Yayasan John Fawcett Indonesia

JFF refers to the whole organisation (JFFA and JFFI)

 

This Policy combines the most recent versions (2020) of JFF’s Child Protection Policy and Preventing Sexual

Exploitation, Abuse and Harassment (PSEAH) Policy.

 

INTRODUCTION

JFF’s work brings us into contact with children and adults who may be vulnerable and to whom we owe

protection, and this Policy addresses the safeguarding of children and adults in the communities JFF assists.

 

PERSONS TO WHOM THE POLICY APPLIES

• JFF staff

• Members of the Boards of JFF

• Individually contracted service providers, consultants, advisers, or trainers

• Volunteer service providers

• Visitors to any project being conducted by or on behalf of JFF.

 

SEXUAL EXPLOITATION, ABUSE AND HARASSMENT (SEAH)

Definitions

This Policy uses the following descriptions of sexual exploitation, sexual abuse, and sexual harassment of adults:

• Sexual exploitation: Any actual or attempted abuse of a position of vulnerability, differential power, or trust

for sexual purposes. It includes profiting monetarily, socially, or politically from sexual exploitation of

another.

• Sexual abuse: The actual or threatened physical intrusion of a sexual nature, whether by force or under

unequal or coercive conditions. All sexual activity with someone under the age of consent (18 years under

Indonesia law or 16 years under Australian law) is considered to be sexual abuse.

• Sexual harassment: A person sexually harasses another person (including beneficiaries, community

members, citizens, as well as staff) if the person makes an unwelcome sexual advance or an unwelcome

request for sexual favours or engages in other unwelcome conduct of a sexual nature, in circumstances in

which a reasonable person, having regard to all the circumstances, would have anticipated the possibility

that the person harassed would be offended, humiliated, or intimidated.

 

Guiding Principles

1. JFF recognises its responsibilities to build a transparent and ethical working environment that rejects

inappropriate behaviour and provides its staff and service recipients with an environment that is supportive

and makes them feel valued.

2. JFF recognises that SEAH is unacceptable and will not be tolerated. JFF has assessed its level of risk

assessment and this policy has been developed to manage that level.

3. JFF recognises that it has a responsibility to put in place controls to manage, monitor and assess the risk of

SEAH.

4. The Policy applies at an organisational level and also at an individual level.

5. The Policy recognises that strong leadership is vital for setting the culture of the organisation. Leaders are

expected to set clear expectations and be an example of respectful behavior in their interactions at work and

outside work. Victims and whistle-blowers need to feel safe in their reporting of concerns and be assured

their allegations are taken seriously.

6. JFF recognises that it has a responsibility to the communities in which it operates and to its beneficiaries to

prevent SEAH.

7. Under no circumstances will JFF allow any person to whom this policy applies to have sexual relations with

any patient of JFF.

8. JFF will treat victims with dignity and respect.

9. JFF will prioritise the rights, needs and wishes of victims of SEAH while ensuring procedural fairness to all

parties.

10. Where appropriate JFF will involve victims in decision-making and will provide victims with comprehensive

information.

11. JFF will endeavour to protect privacy and confidentiality where practicable.

12. JFF will consider the need for counselling and health services to assist victims.

 

CHILD ABUSE AND EXPLOITATION (CAE)

Guiding Principles

1. JFF recognises that CAE is unacceptable and will not be tolerated. JFF has assessed its level of risk assessment

and this policy has been developed to manage that level.

2. JFF recognises that it has a responsibility to create a working environment that safeguards the rights of

children and to put in place controls to manage, monitor and assess the risk of CAE.

3. Prior to being engaged or working with the JFF, all persons in specific programs that involve close contact

with children shall be subject to child safe recruitment and screening processes, including police record

checks and verbal referee checks, and will sign the Safeguarding Code of Conduct if required to do so by JFF.

4. JFF commits to not allowing any personnel to work with children if they pose an unacceptable risk to

children’s safety and well-being and retains the right to immediately dismiss or transfer to other duties any

personnel who breach the Safeguarding Policy.

5. Any person to whom the Policy applies who is arrested for, or convicted of, criminal offences relating to child

abuse or exploitation or for accessing or possessing child pornography shall, as soon as JFF becomes aware

of same, be immediately suspended or removed from all projects, activities or involvement with the work of

JFF, pending an investigation.

6. The incident reporting/complaints procedure will follow that set out in JFF’s Complaints Policy.

 

JFF’S SAFEGUARDING APPROACH

In line with the above Guiding Principles, JFF has developed the following approach to safeguarding.

Commitment

 

JFF will ensure that:

1. all new staff or Board members receive a copy of this Policy and sign the Safeguarding Code of Conduct on

commencement of their engagement with JFF

2. any JFF staff or supporters who undertake regular visits to project sites or have frequent contact with JFF

beneficiaries will be made familiar with the requirements of this Policy and sign JFF’s Safeguarding Code of

Conduct.

 

Organisation-wide implementation

1. JFF recognises that ensuring the safety and wellbeing of our beneficiaries and mitigating the risk of CAE and

SEAH requires an organisation-wide approach, covering JFF’s activities in Australia and in Indonesia.

2. JFF will appoint a senior staff member to be primarily responsible for Safeguarding. This person shall be

responsible for raising awareness within the organisation of the risk of CAE and SEAH and the application of

this Policy.

 

A. Safeguarding in our planning, policies, and communications

JFF:

i. incorporates safeguarding considerations in the planning of all programs

ii. discusses child protection and safeguarding matters with Board members and operational staff to foster a

culture of child protection and prevention against SEAH in everything we do

iii. has in place an effective complaint handling process that ensures that complaints are taken seriously and

addressed appropriately, including by reporting to the relevant authorities (whether required by law or

not)

iv. ensures that fundraising and promotional activities do not pose an unacceptable risk of harm to

community members, including children

v. ensures that appropriate protocols and processes are in place for the ethical collection, storage and use of

children’s and adults’ stories, photos, and videos, including gaining informed consent prior to taking

images and safely managing identifying information.

 

B. Safeguarding in recruitment

To mitigate the risk of harm to the community members and children with whom we work, JFF employs

guidelines in the recruitment of new staff, implemented in the interviewing of candidates, reference checks

and candidate pre-screening. These include:

i. conducting verbal checks with referees and former employers/training institutions

ii. asking behavioural-based interview questions for candidates who will be working directly with children

and adults in the communities in which JFF works.

Employment guidelines for JFF staff in Indonesia include a three-month probationary period prior to

confirmation of employment. For staff who breach this Policy, the Safeguarding Code of Conduct or display

any other unacceptable behaviour or practices a twice-warning process is adopted, followed by dismissal

after the third breach.

 

C. Safeguarding donor field visits

If JFF staff or supporters are likely to encounter children during a donor field visit, JFF ensures reasonable

precautions are taken to protect against child abuse or exploitation. Field visits by JFF staff and/or supporters

will invariably involve an element of SEAH risk, given that members of the communities which JFF serves will

be present during any JFF activity.

The following requirements apply:

i. All donor field visits must be arranged through JFF.

ii. JFF staff must accompany visitors to the project locations.

iii. Visitors must not spend unsupervised time with beneficiaries or community members, including any

children.

iv. Visitors need to be aware that the giving of gifts could be seen as a gesture to bribe or groom a young

person or vulnerable adult. Participating JFF staff and supporters will be made aware that the giving of

gifts is not encouraged by JFF. There may be some circumstances where gifts could be acceptable if they

are given openly, are of small monetary value, not based on favouritism and are not construed as a bribe

or leading the giver to expect preferential treatment. In any case, all gifts and contributions need to be

screened, approved, and their distribution facilitated by JFF.

v. Inappropriate or suspicious behavior of visitors towards any child or adult must be addressed

immediately.

vi. The JFF staff member accompanying the visitor must seek the assistance of their supervisor and follow

the guidelines established in this Policy for managing and reporting suspected CAE or SEAH of adults.

vii. JFF staff or supporters are expected to conduct themselves with professionalism and integrity during

donor field visits. In preparation for the donor field visit, each participating JFF staff member and

supporter will be provided with:

• the Safeguarding Code of Conduct – to be read and signed

• information regarding expected behaviour during the visits.

 

D. Safeguarding Risk Assessment for our Programs

JFF’s program risk assessment process provides a opportunity to identify and mitigate risks of harm to

children and adults in the implementation of our programs. To conduct an effective risk assessment process,

the following practices shall apply:

Prior to approving any project, JFF will:

i. identify the risks of CAE or SEAH occurring in connection with the activity, and identify controls to reduce

or remove these risks and ensure the safety and protection of children and community members

ii. appropriately document this assessment

iii. review this assessment as part of JFF’s ongoing risk assessment management.

 

E. Monitoring Safeguarding Strategies on an Ongoing Basis

JFF recognises that effective child protection and prevention of SEAH is an ongoing process that requires

constant attention, monitoring and training of relevant personnel involved in delivering JFF’s programs.

JFF will continually review the implementation of strategies and measures designed to mitigate the risks of

CAE and SEAH by:

i. requiring that staff involved in the implementation of JFF activities provide regular reports on the

strategies and measures in place to address these risks

ii. ensuring that staff involved in the delivery of JFF activities receive ongoing training and familiarisation of

the issues involved in relation to child protection and prevention of SEAH matters.

 

REPORTING OF CAE AND SEAH INCIDENTS

Reporting of alleged CAE or SEAH incidents should be made as soon as possible and within two days of the

incident. Reporting should be made to the appropriate officer appointed by senior management or to the Chair

of the appropriate Board.

 

Management and investigation of incidents

1. Any person who suspects that a CAE or SEAH incident has occurred must report it to the person’s manager as

soon as practicable.

2. If the person suspects that the manager is involved, then the report must be made to the senior executive.

3. A person who makes a report in good faith will not be penalised for doing so.

4. An objective and impartial investigation will be conducted into the report.

5. If the report is confirmed, then the Chair of the appropriate Board will seek legal advice on the steps to be

taken, which may include notifying relevant authorities.

6. Disciplinary action could include dismissal or termination as a contractor or volunteer.

 

Individual level (staff and volunteers)

1. Staff and volunteers will be advised to immediately report concerns or allegations of CAE or SEAH in

accordance with procedures as determined by the JFF Boards from time to time.

2. Any person to whom the Policy applies who is arrested for, or convicted of, criminal offences relating to

sexual abuse, shall as soon as JFF becomes aware of same, be immediately suspended or removed from all

projects, activities, or involvement with the work of JFF pending an investigation.

 

SAFEGUARDING CODE OF CONDUCT

All persons to whom the Safeguarding Policy applies (see above), when engaged in relevant JFF activities, shall

sign, and abide by the Safeguarding Code of Conduct.

 

POLICY MANAGEMENT

This Policy will be

• reviewed annually

• translated into Bahasa Indonesia to ensure it is understood by key stakeholders

 

RELATED POLICIES AND GUIDELINES

• Cooperation Agreement between JFFA and JFFI

• JFF Code of Conduct

• Safeguarding Code of Conduct

• Complaints Policy

• Gender Equity Guidelines

• Policy & Guidelines for Visitors to Village Programs

 

Combined 2020 Child Protection and PSEAH Policies July 2021

Approved by JFFA Board 8 October 2021

Accepted by JFFI Board 12 August 2021

Review due: August 2022

INFORMATION MANAGEMENT & PRIVACY POLICY

All JFF policies and guidelines apply equally to JFFA and JFFI, as indicated in the Cooperation Agreement

between the two organisation and are separately approved/accepted by both Boards.

JFFA refers to The John Fawcett Foundation incorporated in Australia

JFFI refers to the Yayasan John Fawcett Indonesia

JFF refers to the whole organisation (JFFA and JFFI)

 

PRINCIPLE

JFF regards the lawful and correct treatment of personal data as being of utmost importance. JFF will

always protect its confidential information as well as the confidential information entrusted to us by

others (eg, patients, donors, members and suppliers). The integrity of personal information is

important to us, and we are fully committed to protecting each individual’s right to privacy.

JFF will:

• ensure that employees, members and Board members

– are aware of the need to be vigilent as to where and when we discuss confidential information

– are careful about where and how confidential information is stored

– do not disclose or use any of confidential information for personal profit or advantage

– do not enter into confidentiality agreements with persons outside JFF before discussing with

relevant senior personnel

• ensure that, when approached with any offer of, or request for, confidential information, both

parties understand and accept conditions under which the information may be received

• protect the personal data of current and former donors, directors, employees, suppliers, customers

and any associated family or next of kin information collected for foundation purposes

• comply with the requirements of applicable privacy and data protection laws

• ensure that personal data is subject to controls to prevent unauthorised or unlawful processing,

accidental loss, destruction or damage.

 

COLLECTION OF INFORMATION

JFF will only collect personal information that is necessary for its activities and only by lawful and fair

means. All information held may be accessed by that individual upon request.

The only information collected from visitors to our website, or otherwise provided to us, is that which

is provided to us on a voluntary basis. We do not trade, sell or rent any information captured or

voluntarily submitted on this website.

 

Information about donors and members

The following information is collected about our donors and members where required:

• Contact details

• Credit card or bank account details

• Donation history (including bequest intentions)

This information is used to:

• Process donations

• Issue tax deductible receipts

• Comply with internal audit procedures

• Give notice of Foundation meetings

• E-mail NewsUpdates

• Post/email Annual Reports

Donors have the option to unsubscribe to postal and email lists

 

Information about e-commerce customers

The following information is collected about e-commerce customers where required:

• Contact details

• Credit card details

• Purchase history

This information is used to:

• Process purchases

• Issue receipts

• Comply with internal audit procedures

• E-mail NewsUpdates

• Email Annual Reports

Customers have the option to unsubscribe to email lists

 

Information about beneficiaries

The following information is collected on beneficiaries of our projects where required:

• Contact details

• Medical condition appropriate to the project

• Medical records of treatment and its outcomes undertaken in our projects

 

Use and disclosure

JFF will not use or disclose personal information about an individual for a purpose other than the

primary purpose of collection.

 

Data quality

JFF will take reasonable steps to make sure that the personal information collected is accurate,

complete and up to date.

 

Data security

JFF will take reasonable steps to protect the personal information it holds from misuse, loss and

unauthorised access, modification or disclosure. Reasonable steps will also be taken to destroy or

permanently de-identify personal information that is no longer needed for any purpose for which the

information may be used or disclosed.

 

Anonymity

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves

when entering transactions with JFF.

 

REVIEW

This policy will be reviewed every two years.

 

RELATED POLICIES AND GUIDELINES

Cooperation Agreement between JFFA and JFFI

2018 Privacy Poliicy and 2019 Information Management Policy combined: June 2021

Approved by JFFA Board 2 July 2021

Approved by JFFI Board 2 July 2021

Review due: August 2023

RULES OF INCORPORATED ASSOCIATION

APRIL 2021

  1. NAME OF ASSOCIATION The name of the Association is The John Fawcett Foundation Incorporated.
  2. DEFINITIONS In these rules, unless the contrary intention appears:
    Act” means the Associations Incorporation Act 2015 as amended or replaced; “Association” means the association referred to in rule 1;
    ATO” means the Australian Taxation Office;
    Chairperson” means:
    1. (a)  In relation to the proceedings at an Executive Board meeting or general meeting, the person presiding at the Executive Board meeting or general meeting in accordance with rule 12; or
    2. (b)  Otherwise than in relation to the proceedings referred to in paragraph (a), the person referred to in rule 11.1(a) or, if that person is unable to perform his or her functions, the Vice-Chairperson;

    Executive Board meeting” means the meeting referred to in rule 16.1; “Executive Board member” means the persons referred to in rule 11.1; “Financial Year” means January 1 – December 31;
    general meeting” means the meeting convened under rule 17;

    Life Member” means a person who is appointed a Life Member of the Association in accordance with rule 10;

    Member” means a member of the Association and includes Ordinary Members and Life Members;

    Ordinary Member” means a member of the Association who is not a Life Member; “Ordinary resolution” means a resolution other than a special resolution; “Secretary” means the secretary referred to in rule 11.1(c);
    special resolution” has the meaning given by the Act;

    Tax Act” means the Income Tax Assessment Acts 1936 and 1997 (Cth) as amended or replaced;

    Treasurer” means the treasurer referred to in rule 11.1(d); and “Vice-Chairperson” means the vice-chairperson referred to in rule 11.1(b).

3. OBJECTS OF ASSOCIATION

  1. 3.1  The objects of the Association are to:
    1. (a)  relieve suffering and distress of children and adults in Indonesia in the lower socio economic group, occasioned through blindness and visual problems, and cleft and other deformities particularly in children, through the provision of medical equipment and medical services to cure, prevent and control such conditions and the provision of technical, advisory, welfare and support services;
    2. (b)  raise, receive, hold and invest funds to financially support such work;
    3. (c)  operate without alignment to any governmental, institutional, political or religious organisation; and
    4. (d)  carry out such other related purposes as the Executive Board may determine.
  2. 3.2  The Association shall operate on a non-profit basis. The property and income of the Association shall be applied solely towards the promotion of the objects of the Association. No part of the property or income of the Association may be paid, applied or distributed, directly or indirectly, by way of dividend, bonus or otherwise by way of pecuniary profit to any Members, provided that the Association may remunerate in good faith officers, employees and servants of the Association or other persons for services rendered to the Association in promotion of the objects of the Association.

4. POWERS OF ASSOCIATION

4.1 The powers of the Association include the powers conferred on the Association by the Act and such additional powers as the Executive Board may determine, provided that such additional powers do not contravene any provision of the Act. These additional powers include, but are not limited to:

  1. (a)  raising money by all lawful means and to solicit, receive and enlist and accept financial or other aid from any source and to conduct fund raising campaigns;
  2. (b)  making arrangements to promote, obtain and achieve any objects of the Association or through the facilities available in any public or private hospital, established university, recognised medical optical, scientific and research institute, council, faculty, school or like institution; and
  3. (c)  promoting, establishing, superintending, conducting, controlling and assisting within Western Australia branches, committees and other forms of organization and administration for the purpose of carrying out its objects and widening the influence and operations of the Association.

5. MEMBERSHIP OF ASSOCIATION

  1. 5.1  Any person or entity may apply to the Executive Board for membership of the Association. An application must be made in writing signed by that person or entity and shall be in a form as the Executive Board from time to time directs;
  2. 5.2  The Executive Board members shall consider each application made under rule 5.1 at an Executive Board meeting and shall at the Executive Board meeting or a subsequent Executive Board meeting accept or reject that application.

6. REGISTER OF MEMBERS OF ASSOCIATION

  1. 6.1  The Secretary shall on behalf of the Association keep and maintain the register of Members in accordance with the Act.
  2. 6.2  The Secretary shall cause the name of a person who dies or who ceases to be a Member under rules 8.1 or 9 to be deleted from the register of Members referred to in rule 6.1.

7. SUBSCRIPTION FEES

  1. 7.1  The Executive Board may from time to time determine the amount of the subscription to be paid by each Ordinary Member.
  2. 7.2  Each Ordinary Member must pay to the Treasurer, annually on or before 1 July or such other date as the Executive Board determines, the amount of the subscription determined under Rule 7.1.
  3. 7.3  An Ordinary Member whose subscription is not paid within 3 months after the relevant date fixed under rule 7.2 ceases on the expiry of that period to be an Ordinary member unless the Executive Board decides otherwise.

8. RESIGNATION OF MEMBERS OF ASSOCIATION

  1. 8.1  A Member who delivers notice in writing of his or her resignation from the Association to the Secretary or another Executive Board member ceases on that delivery to be a Member.
  2. 8.2  A person who ceases to be a member under rule 8.1 remains liable to pay to the Association the amount of any subscription (if applicable) due and payable by that person to the Association but unpaid at the date of that cessation.

9. EXPULSION OF MEMBERS OF ASSOCIATION

  1. 9.1  If the Executive Board considers that a Member should be expelled from membership of the Association because of his or her conduct detrimental to the interests of the Association, the Executive Board shall communicate, either orally or in writing, to the Member:
    1. (a)  notice of the proposed expulsion and of the time, date and place of the Executive Board meeting at which the question of that expulsion will be decided; and
    2. (b)  particulars of that conduct,

    not less than 30 days before the date of the Executive Board meeting referred to in rule 9.1(a).

  2. 9.2  At the Executive Board meeting referred to in a notice communicated under rule 9.1, the Executive Board may, having afforded the Member concerned a reasonable opportunity to be heard by, or to make representations in writing to, the Executive Board, expel or decline to expel that Member from membership of the Association and shall, forthwith after deciding whether or not so to expel that Member, communicate that decision in writing to that Member.

  1. 9.3  Subject to rule 9.5, a Member who is expelled under rule 9.2 from membership of the Association ceases to be a Member 14 days after the day on which the decision so to expel him or her is communicated to him or her under rule 9.2.
  2. 9.4  A Member who is expelled under rule 9.2 from membership of the Association shall, if he or she wishes to appeal against that expulsion, give notice to the Secretary of his or her intention to do so within the period of 14 days referred to in rule 9.3.
  3. 9.5  When notice is given under rule 9.4:
    1. (a)  the Association in a general meeting may, after having afforded the Member who gave that notice a reasonable opportunity to be heard by, or to make representations in writing to, the Association in the general meeting, confirm or set aside the decision of the Executive Board to expel that Member; and
    2. (b)  the Member who gave that notice does not cease to be a Member unless and until the decision of the Executive Board to expel him or her is confirmed under this sub-rule.

10. LIFE MEMBERS

  1. 10.1  The Executive Board may from time to time nominate a person to be a Life Member ofthe Association.
  2. 10.2  A person nominated by the Executive Board with the approval of the Association in general meeting may be appointed as a Life Member of the Association.

11. EXECUTIVE BOARD

  1. 11.1  The affairs of the Association shall be managed exclusively by an Executive Board consisting of:
    1. (a)  a Chairperson;
    2. (b)  a Vice-Chairperson;
    3. (c)  a Secretary;
    4. (d)  a Treasurer;
    5. (e)  the Chief Executive Officer; and
    6. (f)  up to seven other Executive Board members,

    all of whom shall be Members of the Association elected to membership of that Executive Board at an annual general meeting or appointed under rule 11.5.

  2. 11.2  At the commencement of the first annual general meeting to be held after the incorporation of the Association under the Act:(a) if the Executive Board consists of an even number of members, half of that number, which half; or(b) if the Executive Board consists of an odd number of members, the integral number of members nearest to, and exceeding, half of that odd number, the members comprised in which integral number,shall be chosen by ballot, shall cease to be Executive Board members, but shall be eligible for re-election to membership of the Executive Board.

  1. 11.3  As from the 2020 annual general meeting all Executive Board members shall hold office for a one-year term expiring at the next annual general meeting.
  2. 11.4  Subject to rule 11.3, a person is not eligible for election to membership of the Executive Board unless a Member has nominated him for election by delivering notice in writing of that nomination, signed by:
    1. (a)  the nominator; and
    2. (b)  the nominee to signify his or her willingness to stand for election,

    to the Secretary not less than 28 days before the day on which the annual general meeting concerned is to be held;

(c) rule 11.4 does not apply to or in relation to a person who is eligible for re- election under rules 11.2 or 11.3;

  1. (d)  a person who is eligible for election or re-election under this rule may at the annual general meeting concerned:
    1. (i)  propose or second himself or herself for election or re-election; and
    2. (ii)  vote for himself or herself;
  2. (e)  the Secretary shall ensure that notice of all persons seeking election to membership of the Executive Board is given to all Members when notice is given to those Members of the calling of the annual general meeting at which that election is to be held; and
  3. (f)  if the number of persons nominated for election to membership of the Executive Board does not exceed the number of vacancies in that membership to be filled:
    1. (i)  the Secretary shall report accordingly to; and
    2. (ii)  the Chairperson shall declare those persons to be duly elected as members of the Executive Board at,

    the annual general meeting concerned.

11.5 When a casual vacancy within the meaning of rule 15 occurs in the membership of the Executive Board:

  1. (a)  the Executive Board may appoint a Member to fill that vacancy; and
  2. (b)  a Member appointed under this sub-rule shall:
    1. (i)  hold office until the commencement of; and
    2. (ii)  be eligible for election to membership of the Executive Board at the next following annual general meeting.

12. CHAIRPERSON

12.1 Subject to this rule, the Chairperson shall preside at all general meetings and Executive Board meetings.

12.2 In the event of the absence from:

  1. (a)  the Chairperson, the Vice-Chairperson; or
  2. (b)  both the Chairperson and the Vice-Chairperson,

an Executive Board member elected by the other Executive Board members present shall preside at the general meeting or Executive Board meeting, as the case requires.

13. SECRETARY

The Secretary shall:

  1. 13.1  co-ordinate the correspondence of the Association;
  2. 13.2  keep full and correct minutes of the proceedings of the Executive Board and of the Association;
  3. 13.3  comply on behalf of the Association with the requirements of the Act in respect of:
    1. (a)  the register of Members of the Association; and
    2. (b)  the record of the officeholders of the Association;
  4. 13.4  have custody of all books, documents, records and registers of the Association, including those referred to in rule 13.3, other than those required by rule 14 to be kept and maintained by, or in the custody of, the Treasurer; and
  5. 13.5  perform such other duties as are imposed by these rules on the Secretary.

14. TREASURER

The Treasurer shall:

  1. 14.1  be responsible for the receipt of all moneys paid to or received by, or by him on behalf of, the Association and shall issue receipts for those moneys in the name of the Association;
  2. 14.2  pay all moneys referred to in rule 14.1 into such account or accounts of the Association as the Executive Board may from time to time direct;
  3. 14.3  make payments from the funds of the Association with the authority of the Executive

Board. All cheques must be signed by at least two Executive Board members and all transfer of funds must be approved in writing by at least two Executive Board members;

  1. 14.4  comply on behalf of the Association with the requirements of the Act in respect of the accounting records of the Association;
  2. 14.5  whenever directed to do so by the Chairperson, submit to the Executive Board a report, balance sheet or financial statement in accordance with that direction;
  3. 14.6  have custody of all securities, books and documents of a financial nature and accounting records of the Association;
  4. 14.7  perform such other duties as are imposed by these rules on the Treasurer.

  1. CASUAL VACANCIES IN MEMBERSHIP OF EXECUTIVE BOARDA casual vacancy occurs in the office of an Executive Board member and that office becomes vacant if the Executive Board member:
    1. (a)  dies;
    2. (b)  resigns by notice in writing delivered to the Chairperson or, if the Executive Board member is the Chairperson, to the Vice-Chairperson;
    3. (c)  is convicted of an offence under the Act;
    4. (d)  is permanently incapacitated by mental or physical ill-health;
    5. (e)  is absent from more than:
      1. (i)  three consecutive Executive Board meetings; or
      2. (ii)  three Executive Board meetings in the same financial year, of which he or she has received notice without tendering an apology to the person presiding at each of those Executive Board meetings; or
    6. (f)  ceases to be a Member of the Association.
  2. PROCEEDINGS OF EXECUTIVE BOARD
  1. 16.1  The Executive Board shall meet together for the dispatch of business not less than once in each quarter and the Chairperson may at any time convene a meeting of the Executive Board.
  2. 16.2  Each Executive Board member has a deliberative vote.
  3. 16.3  A question arising at an Executive Board meeting shall be decided by a majority of votes, but, if there is an equality of votes, the person presiding at the Executive Board meeting shall have a casting vote in addition to his or her deliberative vote.
  4. 16.4  At an Executive Board meeting five Executive Board members constitute a quorum.
  5. 16.5  Subject to these rules, the procedure and order of business to be followed at an Executive Board meeting shall be determined by the Executive Board members present at the Executive Board meeting.
  6. 16.6  An Executive Board member having a material personal interest in a matter being considered by the Executive Board shall comply with the requirements of the Act.

17. GENERAL MEETINGS

17.1 The Executive Board:

  1. (a)  may at any time convene a special general meeting;
  2. (b)  shall convene annual general meetings within the time limits provided for the holding of annual general meetings contained in the Act and provided that the meeting is held not more than fifteen months after the date of the preceding annual general meeting; and

(c) shall, within 30 days of:

  1. (i)  receiving a request in writing to do so from not less than 10% of the number of Members of the Association, convene a special general meeting for the purpose specified in that request; or
  2. (ii)  the Secretary receiving a notice under rule 9.4, convene a special general meeting for the purpose of dealing with the appeal to which that notice relates.
  1. 17.2  The Members making a request referred to in rule 17.1(c)(i) shall:
    1. (a)  state in that request the purpose for which the special general meeting concerned is required; and
    2. (b)  sign that request.
  2. 17.3  If a special general meeting is not convened within the relevant period of 30 days referred to:
    1. (a)  in rule 17.1(c)(i), the Members who made the request concerned may themselves convene a special general meeting as if they were the Executive Board; or
    2. (b)  in rule 17.1(c)(ii), the Member who gave the notice concerned may himself convene a special general meeting as if he or she were the Executive Board.
  3. 17.4  When a special general meeting is convened under rules 17.3(a) or 17.3(b):
    1. (a)  the Executive Board shall ensure that the Members or Member convening the special general meeting are supplied free of charge with particulars of all Members; and
    2. (b)  the Association shall pay the reasonable expenses of convening and holding the special general meeting.
  4. 17.5  The Secretary shall give to all Members not less than 14 days notice of a general meeting and of any motions to be moved at the general meeting.
  5. 17.6  A notice given under rule 17.5 shall specify:
    1. (a)  when and where the general meeting concerned is to be held; and
    2. (b)  particulars of the business to be transacted at the general meeting concerned and of the order in which that business is to be transacted.
  6. 17.7  In the case of an annual general meeting, the order in which business is to be transacted is:
    1. (a)  first, to receive and approve the annual accounts and reports of the Executive Board.
    2. (b)  second, the election of Executive Board members to replace outgoing Executive Board members; and
    3. (c)  third, any other business requiring consideration by the Association in a general meeting.

  1. 17.8  The Secretary shall give to all Members not less than 21 days notice of a general meeting at which a special resolution is to be proposed and of any other motions to be moved at that general meeting.
  2. 17.9  The Secretary may give a notice under rules 17.5 or 17.8 by:
    1. (a)  serving it on a Member personally; or
    2. (b)  sending it by post to a Member at the address of the Member appearing in the register of Members; or
    3. (c)  sending it by email to a Member at the email address of the Member appearing in the register of Members.
  3. 17.10  When a notice is sent by post under rule 17.9(b), sending of the notice shall be deemed to be properly effected if the notice is sufficiently addressed and posted to the Member concerned by ordinary prepaid mail.

18. QUORUM IN PROCEEDINGS AT GENERAL MEETINGS

  1. 18.1  At a general meeting 20 Members present in person or by proxy constitute a quorum.
  2. 18.2  If within 30 minutes after the time specified for the holding of a general meeting in a notice given under rules 17.5 or 17.8:(a) as a result of a request or notice referred to in rule 17.1(c) or as a result of action taken under rule 17.3 a quorum is not present, the general meeting lapses; or(b) otherwise than as a result of a request, notice or action referred to in rule 18.2(a), the general meeting stands adjourned to the same time on the same day in the following week and to the same venue.
  3. 18.3  If within 30 minutes of the time appointed by rule 18.2(b) for the resumption of an adjourned general meeting a quorum is not present, the members who are present in person or by proxy may nevertheless proceed with the business of that general meeting as if a quorum were present.
  4. 18.4  The Chairperson may, with the consent of a general meeting at which a quorum is present, and shall, if so directed by such a general meeting, adjourn that general meeting from time to time and from place to place.
  5. 18.5  There shall not be transacted at an adjourned general meeting any business other than business left unfinished or on the agenda at the time when the general meeting was adjourned.
  6. 18.6  When a general meeting is adjourned for a period of 30 days or more, the Secretary shall give notice under rule 17 of the adjourned general meeting as if that general meeting were a fresh general meeting.
  7. 18.7  At a general meeting:
    1. (a)  an ordinary resolution put to the vote shall be decided by a majority of votes cast on a show of hands; and
    2. (b)  a special resolution put to the vote shall be decided in accordance with the requirements of the Act and these Rules.

  1. 18.8  A declaration by the Chairperson at a general meeting that a resolution has been passed as an ordinary resolution thereat shall be evidence of that fact unless, during the general meeting at which the resolution is submitted, a poll is demanded in accordance with rule 18.9.
  2. 18.9  At a general meeting, a poll may be demanded by the Chairperson at the general meeting or by three or more Members present in person or by proxy and, if so demanded, shall be taken in such manner as the Chairperson directs.
  3. 18.10  If a poll is demanded and taken under rule 18.9 in respect of an ordinary resolution, a declaration by the Chairperson of the result of the poll is evidence of the matter so declared.
  4. 18.11  A poll demanded under rule 18.9 on the election of a person to preside over a general meeting or on the question of an adjournment shall be taken forthwith on that demand being made.

19. MINUTES OF MEETINGS OF ASSOCIATION

  1. 19.1  The Secretary shall cause proper minutes of all proceedings of all general meetings and Executive Board meetings to be taken and retained.
  2. 19.2  The Chairperson shall ensure that the minutes taken of a general meeting or Executive Board meeting are checked and presented for approval at the next succeeding general meeting or Executive Board meeting.
  3. 19.3  When minutes have been entered and signed as correct under this rule, they shall, until the contrary is proved, be evidence that:
    1. (a)  the general meeting or Executive Board meeting to which they relate (in this sub-rule called the “meeting”) was duly convened and held;
    2. (b)  all proceedings recorded as having taken place at the meeting did in fact take place thereat; and
    3. (c)  all appointments or elections purporting to have been made at the meeting have been validly made.

20. VOTING RIGHTS OF MEMBERS OF ASSOCIATION

  1. 20.1  Subject to these rules, each Member present in person or by proxy at a general meeting is entitled to a deliberative vote.
  2. 20.2  A Member which is a body corporate may appoint in writing a natural person, whether or not he or she is a Member, to represent it at a particular general meeting or at all general meetings.
  3. 20.3  An appointment made under rule 20.2 shall be so made by a resolution of the board or other governing body of the body corporate concerned:
    1. (a)  which resolution is authenticated under the common seal of that body corporate; and
    2. (b)  a copy of which resolution is lodged with the Secretary.

20.4 A person appointed under rule 20.2 to represent a Member which is a body corporate shall be deemed for all purposes to be a Member until that appointment is revoked by the body corporate or, in the case of an appointment in respect of a particular general meeting, which appointment is not so revoked, the conclusion of that general meeting.

  1. PROXIES OF MEMBERS OF ASSOCIATIONA Member (in this rule called the “appointing member”) may appoint in writing another Member who is a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at, any general meeting.
  2. RULES OF ASSOCIATION
  1. 22.1  The Association may alter or rescind these rules, or make rules additional to these rules, in accordance with the procedure set out in the Act.
  2. 22.2  These rules bind every Member and the Association to the same extents as if every Member and the Association had signed and sealed these rules and agreed to be bound by all their provisions.

23. COMMON SEAL OF ASSOCIATION

  1. 23.1  The Association shall have a common seal on which its corporate name shall appear in legible characters.
  2. 23.2  The common seal of the Association shall not be used without the express authority of the Executive Board and every use of that common seal shall be recorded in the minute book referred to in rule 19.
  3. 23.3  The affixing of the common seal of the Association shall be witnessed by any two of the Chairperson, the Secretary and the Treasurer.
  4. 23.4  The common seal of the Association shall be kept in the custody of the Secretary or of such other person as the Executive Board from time to time decides.
  1. INSPECTION OF RECORDS, ETC OF ASSOCIATIONA Member may at any reasonable time inspect without charge the books, documents, records and securities of the Association.
  2. DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP OF ASSOCIATIONIf, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of that winding up, that property shall be given or transferred to another entity which has similar objects to the Association and which is eligible for tax deductibility under the Tax Act and which entity has been approved by resolution of the Members.
  3. DISPUTE RESOLUTION

26.1 The dispute resolution procedures set out in this Rule applies to disputes between:

  1. (a)  A Member and another Member; or
  2. (b)  A Member and the Association.

  1. 26.2  The parties to the dispute must meet and discuss the matter in dispute and if possible resolve the dispute within fourteen days.
  2. 26.3  If the parties are unable to resolve the dispute at the meeting or if a party fails to attend that meeting then the parties must within ten days hold a meeting in the presence of a mediator.
  3. 26.4  The mediator must be:
    1. (a)  A person chosen by agreement between the parties; or
    2. (b)  In the absence of agreement, the person who is nominated by the Chairperson.
  4. 26.5  The mediator cannot be a party to the dispute.
  5. 26.6  The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
  6. 26.7  The mediator, in conducting the mediation, must:
    1. (a)  Give the parties to the mediation a reasonable opportunity to be heard;
    2. (b)  Allow due consideration by all parties of any written submissions; and
    3. (c)  Ensure that natural justice is accorded to the parties.
  7. 26.8  If the mediation process does not result in the dispute being resolved either party may seek to resolve the dispute in accordance with the Act or otherwise at law.

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