Conduct Policy

Conduct Policy

MakangaidzeGD – Conduct Policy

The purpose of this policy is to help board members, staff, volunteers of MakangaidzeGD as well as third parties who operate in connection with MakangaidzeGD to ensure that the objectives of MakangaidzeGD are maintained while satisfying legal and ethical responsibilities.

Objective

The MakangaidzeGD board members recognise the importance of transparency and accountability to facilitate the development and implementation of measures by both staff and third parties to provide appropriate transparency and accountability to stakeholders while also ensuring MakangaidzeGD and third parties comply with various laws and government bodies to ensure that the objects of MakangaidzeGD are attained.

Scope

This policy applies to the board members of MakangaidzeGD in addition to individuals or organisations that will be engaged to undertake or perform tasks on behalf of MakangaidzeGD whether in Australia or overseas.

Policy for Reporting

  1. The board must ensure that it complies with its legal and contractual reporting obligations. They include:-
    1. (a)  reporting annually to the members, in accordance with the requirements of the constitution, on MakangaidzeGD’s activities in the preceding year, and providing an opportunity for questions;
    2. (b)  preparing financial reports as required by law;
    3. (c)  preparing an annual report in accordance with the requirements of the fundraising licence;
    4. (d)  reporting to government agencies in accordance with the terms of grants and funding contracts;
    5. (e)  reporting to the Australian Taxation Office, and/or other relevant Commonwealth Government departments, in accordance with the requirements of its deductible gift recipient status;
    6. (f)  reporting to donors in accordance with the terms of any philanthropic grants issued; and
    7. (g)  reporting to the Australian Charities and Not-for-profits Commission.
  2. In addition to its specific legal and contractual obligations, the board will consider each year whether there are any other stakeholder relationships which could benefit from receiving a report from the board on the organisation’s activities and performance.
  3. In preparing its reports, the board will consider the extent to which it can report on each of the following matters:-
    1. (a)  a report on the progress of advancing MakangaidzeGD’s objectives including explaining the environment where the organisation and third parties operate;
    2. (b)  a report on the source of funds, fundraising and funding targets including:-
    1. (i)  accountability mechanisms governing the use of the funds;
    2. (ii)  MakangaidzeGD’s ability to maintain the current levels of funding in the future, and how its fundraising approach is being evolved or adapted to changes in circumstances;

(c) Business strategy and mission which shall include the strategy and mechanisms to promote

growth and continue operations, identifying priorities in the budget and allocation of

resources

  1. (d)  reporting on governance structures, systems, processes and how risk management frameworks are aligned with those structures, systems and processes; and
  2. (e)  financial performance and position.

1

Responsibilities Relating to Compliance

  1. The Board will:-
    1. (a)  review and monitor the leadership and commitment given to legislative compliance;
    2. (b)  review compliance management objectives and plans for legislative compliance;
    3. (c)  monitor compliance performance by way of periodic management reports and assurances;
    4. (d)  monitor performance against legislative compliance objectives and plans;
    5. (e)  where appropriate, delegate responsibility for compliance to officers with responsibility for particular sections;
    1. (e)  oversee the performance of subordinate officers in these matters, including:-
      1. (i)  conforming to and applying relevant requirements of the law within the workplace;
      2. (ii)  ensuring that systems and procedures established to make the policy effective are operational;
      3. (iii)  ensuring that staff are trained and have the necessary knowledge and understanding to perform their duties in compliance with the policy and all relevant requirements of the law;
      4. (iv)  ensuring that significant compliance responsibilities and accountabilities are included in position descriptions and performance reviews;
      5. (v)  reporting and investigating any incident or occurrence thought or known to constitute a breach of any legal requirement;
      6. (vi)  designing and implementing system enhancements to correct weaknesses that could result in a breach of such a requirement;
    2. (f)  review annually the effectiveness of the management systems established to deliver legislative compliance;
    3. (g)  analyse material breaches and identified compliance system weaknesses for systematic trends and ensure that any adverse trends are addressed;
    4. (h)  promote a culture of effective legislative compliance across the organisation;
    5. (i)  provide formal assurance as to the state of compliance of the organisation; and
    6. (j)  being mindful of, and adapting to, any changes in Australian federal policy concerning sanctions relating to Zimbabwe.
  2. The board shall ensure that all staff, volunteers contractors and third parties will:-
    1. (a)  ensure that they are aware of any legal requirements that apply to their work activities and that they comply with them;
    2. (b)  report all incidents of breaches of legal requirements;
    3. (c)  Where appropriate, suggest ways in which practices, systems and procedures could be improved so as to reduce the likelihood of a breach occurring.

Compliance with this Policy

If the board has a reason to believe that a person or organisation subject to the policy has failed to comply with it, it will investigate the circumstances.

If it is found that this person or organisation has failed to disclose a breach in this policy, the board may take action against them. This may include seeking to terminate their relationship with MakangaidzeGD.

If a person suspects that a board member has failed to comply with this policy, they must raise the matter with the board concerning the relevant board member and provide details concerning the non-compliance.

2

Raising Concerns and Reporting

Staff members who have a complaint or concern relating to non-compliance should report immediately to Godwin Dhliwayo ([email protected]). If the staff member does not feel comfortable reporting to Godwin Dhliwayo, they may report to any other board member of MakangaidzeGD.

Outcome

Any finding from an investigation that a staff member or third party of MakangaidzeGD has committed or been involved with an action of non-compliance with this policy shall be taken very seriously. It may result in legal and/or disciplinary action against the person or organisation, including employment termination and action to recover any losses suffered by MakangaidzeGD.

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