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CODE OF CONDUCT

1. Purpose

The Narungga Nation Aboriginal Corporation RNTBC (NNAC) Code of Conduct is in place to ensure the highest standards of organisational and individual behaviour are maintained in conducting the service delivery and business activities of NNAC.

2. Commencement

The Code of Conduct will commence on 24 October 2023. It replaces all other codes of cuduct of NNAC, if any (whether written or not).

3. Scope

The Code of Conduct applies to all NNAC Directors, members, employees and volunteers and sets out the standards of behaviour expected of them by NNAC.

4. Principles

All NNAC Directors, members, employees and volunteers are expected to:

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  • Observe the highest possible standards of behaviour, ethics, and integrity

  • Conduct themselves in a professional manner

  • Be informed of their responsibilities and obligations in relation to this Code of Conduct and other policies and procedures of the organisation

  • Respect the rights, beliefs and property of others.

 

All NNAC Directors, members, employees and volunteers all share a responsibility to ensure that the organisation is operating in a transparent and accountable way and to ensure that the expectations and needs of all community, clients, funders and other stakeholders are being met.

5. Code of Conduct Requirements

All NNAC Directors, members, employees and volunteers will:

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  1. Behave honestly and with integrity in the course of their work

  2. Demonstrate high standards of ethical behaviour and responsiveness to the needs and aspirations of our community and client

  3. Deliver fair, effective, impartial and courteous service to our community and clients

  4. Expect, support and develop high standards of leadership​

  5. Act with due care and diligence

  6. Treat other Directors, employees, community members, clients and others with respect, courtesy, and without any form of harassment, discrimination or intolerance

  7. Act within the requirements of all applicable Australian and customary law obligations and responsibilities

  8. Comply with any lawful and reasonable direction or request made by someone with the authority to give that direction such as the Chairperson, the Board as a whole, the CEO, or a Manager

  9. Maintain appropriate confidentiality and accountability obligations

  10. Disclose and take all reasonable steps to avoid any conflict of interest (whether real or apparent)

  11. Use NNAC resources in a proper and accountable manner

  12. At all times behave in such a way that upholds the values, purpose, reputation and goals of NNAC

  13. Make decisions based on merit as the primary factor in decision-making

  14. Maintain a fair, flexible, safe and rewarding workplace

  15. Not, except in the course of appropriately acting as a Director or an employee, give or disclose, directly or indirectly, to any person any information about the business or any other confidential information of NNAC or of its clients

  16. Refrain from any form of conduct which may cause any reasonable person unwarranted offence or embarrassment or give rise to the reasonable suspicion or appearance of improper conduct or biased performance

  17. While employed at NNAC, not accept any employment/ contracts with another organisation that is in conflict with NNAC

  18. Never report for work in circumstances where there is a risk that you could be affect by or 'under the influence' of illicit drugs or alcohol

  19. Abide by relevant reporting requirements if, in the course of their duties, they witness any activity which they suspect may be fraudulent, corrupt of in any other way harmful to the open and accountable provision of NNAC services

  20. Not provide false or misleading information in response to any request for the information relating to the work of NNAC

  21. Not claim for expenses (including travel assistance) in relation to corporation business where those expenses have been, or could reasonable be claimed from, another organisation, including another Aboriginal corporation. 

 

All Directors, members, employees and volunteers are also required to observe the requirements in the Guide for Standards of Behaviour at Meetings at Annexure 1 of the Code of Conduct

6. Additional Director Requirements

Directors have additional responsibilities to uphold the integrity and good governance of NNAC and to ensure that it is operating in a professional, transparent and equitable way:

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  1. Make decisions fairly, impartially and promptly, considering all available information, legislation, policies and procedures

  2. Act in a financially responsible manner, applying due diligence to the scrutiny of financial reports, audit reports and other financial material that comes before the Board

  3. Make business decisions in an informed manner, for a proper purpose and in the absense o fa material personal interest

  4. Ensure that all communications between the board and staff on operational matters are through the Chief Executive Officer (or Chairperson if no CEO)​

  5. Act honestly, in good faith and in the best interests of the corporation as a whole

  6. Use care and diligence in fulfilling the functions of office and exercising the powers attached to that office, including in making financial decisions

  7. Use the powers of office for a proper purpose, in the best interests of the corporation as a whole

  8. Recognise that the primary responsibility is to the corporation as a whole but may, where appropriate, have regard for the interest of other stakeholders of the corporation

  9. Not make improper use of information acquired as a Director

  10. Not take improper advantage of the position of Director

  11. Properly manage any conflict with the interests of the corporation

  12. Be independent in judgement and actions and take all reasonable steps to be satisfied as to the soundness of all decisions taken by the Board

  13. Confidential information received by the member in the course of the exercise of directorial duties remains the property of NNAC and it is improper to disclose it, or allow it to be disclosed, unless that disclosure has been authorised by NNAC, or the person from whom the information is provided, or is required by law

  14. Not engage in conduct likely to bring discredit upon the corporation

  15. To always comply with the spirit, as well as the letter, of the law and with the principles of this Code.

7. Responsibilities

All employees and Board Directors have a responsibility to comply with this Code and any breach of this Code may lead to disciplinary action, up to and including termination of employment.

8. Managing Breaches

The NNAC Board or delegate (i.e. CEO) is responsible for responding to any identified or  alleged breaches of the Code of Conduct. In addition to complying with any other associated NNAC policy or procedure, any responses to breaches of the Code shall involve:

  • Procedural fairness;

  • Confidentiality;

  • Culturally safe, fair and impartial assessments and investigations; and

  • Timely decision making and communication.

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Behaviours contrary to the NNAC Code of Conduct carry potential consequences that are outlines as follows

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Breaches at Meetings

If an individual breaches the Code of Conduct during a meeting, the Chairperson fo teh meeting is responsible for issuing a warning(s) to the person involved. If the behaviour persists, the Chairperson has the authority to remove the individual from the meeting.

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Internal Assessment

All complaints related to breaches of the Code of Conduct will initially be assess by a representative of the NNAC, designated by the Chairperson, such as the Chairperson (or another Director isf the complaint relates to the Chairperson). The representative assigned to assess the breach must ensure the assessment is in accordance with NNAC's Rule Book and other relevant policies.

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The individual accused of breaching the Code will be informed about eh alleged nature of the breach and will have the opportunity to provide a response.

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Formal Investigation (if necessary)

In certain instances, a formal investigation may be required, particularly when the alleged conduct is complex or of a serious nature or when conflicts of interest hinder an unbiased internal assessment. The Board of NNAC can appoint an external investigator to conduct such investigations. They will gather information and documentation, evaluate whether a breach of the Code has occurred, and, if so, recommend appropriate disciplinary actions.

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The individual under investigation will be notified of the alleged breach and will have the chnace to be interviewed or provide a written statement. During an interview, the individual may have a non-legal support person present.

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The investigator's role includes:

1. Uncovering the facts

2. Conducting a comprehensive and unbiased inquiry, considering all relevant information, to arrive at an independent assessment

3. Reaching an objective conclusion regarding the breach, without being influenced by the individuals' status, position, opinions of others, or external pressure.

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Breaches of the Code and Dispute Resolution

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In the event that a breach of the Code of Conduct leads to a dispute between a member or Director and any of the following parties:

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1. One of more members;

2. One or more Directors; or

3. The corporation,

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the dispute arising from the breach shall be resolved in accordance with the provisions outlined in Rule 18 of the NNAC Rule Book and in accordance with the Corporations Act (Aboriginal and Torres Strait Islander) 2006 (Cth).

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Consequences of a Breach of the Code

If it is determined that a breach of the Code of Conduct has occurred, disciplinary action may be taken, depending on the nature of the breach. Possible steps that may be taken include:

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1. Issuing a formal warning

2. Requiring attendance at specified training

3. Requesting resignation from a position (if a Director)

4. Initiating formal removal procedures (if a Director).

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Principles of  Managing Breaches

Throughout the assessment or investigation process, the following principles shall be adhered to:

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  • ​Procedural fairness and respect will be extended to all parties involved, ensuring a fair and transparent process;

  • Confidentiality and privacy of all parties will be safeguarded;

  • Decisions will be made in a culturally sensitive and appropriate manner;

  • Timely decisions will be made and communicated;

  • Investigations will be conducted fairly and impartially; and

  • The best interests of the NNAC community will be taken into consideration.

9. Declaration and Acknowledgement

All Directors of NNAC are required to sign a Code of Conduct Declaration contained at Annexure 2.

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Employee and volunteer acknowledgement

I acknowledge:

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  • Receiving NNAC's Code of Conduct

  • that I will comply with the Code; and

  • that there may be disciplinary consequences if I fail to comply, which may result in the termination of my employment or contract for services.

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