All policies

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

This Policy will be reviewed every two years.

2. BACKGROUND

Project Rozana works indirectly with children through its partner training, transportation and treatment programs in Palestine and Israel. We believe that child protection is both an organisational and an individual responsibility. Every person who shares in the work of Project Rozana including Board members, specialist advisors, program partners, volunteers, sponsors and supporters, also share the responsibility to take every precaution to protect the children and families we assist and to adhere to the guidelines and expectations in this policy.

The partnerships include programs covering transportation of children and their caregivers from homes in the West Bank to hospitals in Israel; Summer Camps and Fun Days training and professional development programs in hospitals, and treatment in Israeli hospitals. Project Rozana is serious about its responsibility to ensure that its funding recipient partners commit to care for, protect and uphold the rights of children, regardless of their gender, age, race, disability, religion, political persuasion, social status, pregnancy, cultural background or sexuality, need to be equally protected from abuse. The Child Protection Policy outlines the implementation procedures for this commitment.

3. OBJECTIVE

• To protect all children that Project Rozana directly or indirectly has contact with.
• To ensure that all of the principles and procedures outlined in this policy are upheld and implemented by all Project Rozana and partner organisation employees and volunteers.

4. PURPOSE

The purpose of this Child Protection Policy is to ensure, as far as possible, the safety and wellbeing of all children who are involved in our partner programs and projects. In order to achieve its mission to build bridges to better understanding between Palestinians and Israelis through health, Project Rozana expects its partner recipients to act in the best interests of the child, and to uphold local legislative requirements pertaining to the safety and protection of children. The intention is to promote a culture of child safety within the organisation and to fulfill all Project Rozana’s legal obligations. Program recipients will also have their own policies and procedures in relation to providing safety and protection to children.

The Project Rozana Child Protection Policy outlines a risk management approach to providing safety and protection across all programs with its partners.

This policy aims to clearly outline definitions of child abuse and other relevant terms, our commitment to children’s rights and child protection and other relevant risk management approaches for partners to ensure child protection.

5. SCOPE

This policy applies to Project Rozana Representatives: all individuals and institutions who act on behalf of Project Rozana regardless of whether or not there is a formal legal agreement between them and Project Rozana. This includes, but is not limited to, all directors, employees, contractors, consultants, advisors, volunteers, casual laborers and implementing partners irrespective of which country their role is situated and the organisation’s partners including their employed staff and volunteers.

6. DEFINITIONS

Bullying “is aggressive behaviour that is intentional and that involves an imbalance of power or strength. Bullying occurs when a person is subjected to negative behaviour, repeated over a period of time, by another [person].” Bullying can take many forms:

Direct Bullying: “teasing, verbal attacks, shoving, assaults, extortion, and destruction of property.”

Indirect Bullying: “shunning, spreading rumours, malicious practical jokes, and similar verbal behaviour.”

Cyber-Bullying: “use of Internet technology, including social websites, text messaging and emails” that results in aggressive behaviour as defined above. (UNICEF, 2007)

Child means “every human being below the age of eighteen years” (Source: Article 1 of the CRC.).” (UNICEF, 2010)

Child Emotional Abuse refers to “inappropriate verbal or symbolic acts toward a child and/or a pattern of failure over time to provide a child with adequate non-physical nurture and emotional availability. Emotional abuse includes rejecting, isolating, terrorising, ignoring and corrupting.” (Australian Institute of Family Studies: Child Family Community Australia, 2013)

Child Exploitation “(In the context of child trafficking) shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs. (Source: Article 3 of the ‘Palermo Protocol, adopted in 2000, entered into force in 2003.).” (UNICEF, 2010)

Child Sensitive means “an approach that balances the child’s right to protection and that takes into account a child’s individual needs and views (Source: UN Guidelines on Justice in matters involving child victims and witnesses of crime, 2005).” (UNICEF, 2010)

Child Trafficking is the “recruitment, transportation, transfer, harbouring or receipt of children for the purpose of exploitation. It is a violation of their rights, their well-being and denies them the opportunity to reach their full potential.” (UNICEF, 2010)

Exposure to Domestic Violence is broadly defined as a “child being present (hearing or seeing) while a parent or sibling is subjected to physical abuse, sexual abuse or psychological maltreatment, or is visually exposed to the damage caused to persons or property by a family member’s violence.” (Australian Institute of Family Studies: Child Family Community Australia, 2013)

Child Physical Abuse is “the non-accidental use of physical force against a child that results in harm to the child. Physical abuse behaviours include shoving, hitting, slapping, shaking, throwing, punching, kicking, biting, burning, strangling and poisoning. Fabrication or induction of an illness by a parent/carer is also considered physically abusive behaviour.” (Australian Institute of Family Studies: Child Family Community Australia, 2013).

Child Sexual Abuse includes:

a) “Engaging in sexual activities with a child who, according to the relevant provisions of national law, has not reached the legal age of sexual activities;

b) Engaging in sexual activities with a child where:

• use of coercion, force or threats;
• abuse is made of a recognised position of trust, authority or influence over the child, including within the family;
• abuse is made of a particular vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence.”

Sexual Assault Sexual assault is any type of sexual contact or behaviour that occurs without the explicit consent of the recipient. (US Department of Justice, 2016).

GUIDING PRINCIPLES

Principle 1. Zero tolerance of child abuse.

Project Rozana does not tolerate any form of child abuse or child exploitation and is committed to working with its partners to identify, mitigate, manage or reduce the risks to children who are associated with Project Rozana funded programs. Project Rozana will not knowingly engage or partner — directly or indirectly — with anyone who poses a risk to children. Project Rozana works to minimise the risks of child exploitation and abuse associated with its functions and programs and trains its staff and partners on their obligations under this policy.

Principle 2. Assess and manage child protection risk and impact

While it is not possible to entirely eliminate risks of child exploitation and abuse, careful child-safe recruitment and screening procedures and child-focused management can identify, mitigate, manage or reduce the risks to children that may be associated with functions and programs supported by Project Rozana and implemented through its partners.

Principle 3.  Upholding the rights of the child

Project Rozana believes that all children have the right to developmental growth in accordance with the ‘United Nations Declaration on the Rights of the Child.’ It is committed to upholding the rights of the child under this convention. In all actions concerning children, the best interests of the child shall be a primary consideration.

Principle 4. Sharing responsibility for child protection

Project Rozana is committed to effectively managing risks to children, and requires the commitment, support and cooperation of partner organisations and individuals who help to deliver our programs.  Project Rozana expects that all allegations will be taken seriously and investigated by our partners, whilst respecting all parties and maintaining confidentiality throughout the process.

RESPONSIBILITIES

Project Rozana Management

• Project Rozana professional staff are responsible for promoting children’s rights and for championing the protection of children. Management is responsible for implementation of these policies.
• Project Rozana Child Protection Policies and Procedures will comply with the Code of Conduct in relation to child protection (set out below). Particular responsibilities include building child protection awareness, rigorous recruitment and screening practices, education and training including a yearly refresher course for all Representatives in an ongoing relationship with Project Rozana, responding to complaints and allegations, systems and administration.
• Professional staff are responsible for promoting child safe messages in their work including appropriate child‐safe communications on websites, brochures, recruitment materials and publications including fundraising materials. Management has particular responsibility to support and develop systems that maintain this environment.
• Management is responsible for ensuring that all Representatives entering into relationships with Project Rozana have read, understood and consented to compliance with this Child Protection Policy by signing a consent form (Annexure A).
• Project Rozana is responsible for providing a version of this Child Protection Policy translated into Hebrew and Arabic to its program partners and commits to running Child Protection Training with program partners who are not already implementing their own Child Protection Policy.

All Representatives

All Representatives are obliged to create and maintain an environment which prevents exploitation and all forms of abuse and exploitation of children and promotes positive staff conduct.

• All Representatives are responsible for having a thorough knowledge of these policies and procedures, acting in accordance with them and complying with the staff Code of Conduct.
• Where a Representative develops concerns or suspicions regarding any type of child abuse and exploitation by a fellow worker, whether in the same organisation or not, s/he must report such concerns via the prescribed Project Rozana reporting mechanisms by the end of the day, or the following day if the reported incident happens after hours. Failure to report concerns or a suspicion regarding any type of child abuse and exploitation will be considered a breach of Project Rozana’s Child Protection Policy.

Project Rozana will ensure that partner program recipients declare their adherence to the processes and protocols as outlined in this policy and will:

• Take seriously any reports of harm a child has disclosed to them.
• Investigate and act on all child protection matters or allegations without harming the involved child.
• Take immediate action on the matter or allegation.
• Ensure that the best interests of the child are upheld.
• Whenever appropriate and applicable, cooperate with parents and other professionals in protecting a child from harm.

CHILD PROTECTION AND RISK MANAGEMENT PROCEDURES

9.1 Child Protection Practices

• Project Rozana will ensure that all partner grantees understand their responsibilities and requirements in dealing with child protection matters.
• Project Rozana Representatives will be expected to exemplify appropriate conduct while maintaining safety and effectiveness when working with children.
• Project Rozana Israel will evaluate the implementation of this policy in respect to its program partners on an annual basis and will report back to the Executive Board on this evaluation, together with any recommendations for improving the implementation of Child Protection Policy practices and procedures with its project partners.

9.2 Recruitment and Screening

Project Rozana will require that partner program recipients carefully screen all potential staff and volunteers who may come in contact with children. The screening process is comprised of the following standards and procedures:

1. All potential staff and volunteers must have completed criminal history check and/or documentation giving approval for direct work with children in accordance with Israeli or Palestinian legal requirements.
2. All references must be checked to ensure that there is no known history of child abuse or improper conduct in relation to children.
3. Job applicants must provide the partner program recipient with referees.
4. During orientation staff and volunteers are required to have read, understood and signed the Child Protection Policy.

PROCEDURES

10.1 Reporting Procedure

1. In the case where a child discloses abuse by an adult, another child, or any other person, staff must:

a) Listen to the child and observe the child’s demeanour and behaviour closely.

b) Demonstrate sincere interest and appropriate concern in the information relayed by the child.

c) Avoid questioning or investigating the child inappropriately or prompting the child’s answers.

d) Tell the child that you need to notify a trustworthy and relevant staff member who can help the child.

e) Immediately notify the designated Child Protection Officer in that organisation who must record all details of the matter in a Critical Incident Report Form (Appendix). If for any reason, the Child Protection Officer is not available, the incident must be reported to the most senior member of management available at that time. The report must be clear and accurate, detailing and recording the date, time, conversation, relevant observations, who was involved in the incident, how the incident occurred, and if the child has told their parents or anyone else, and what they told these individuals. The staff member who wrote the report must certify the report with their name, signature and date.

f) Whenever relevant and possible, collect any additional information regarding the matter, such as photos of lacerations or statements from any witnesses.

g) Staff must protect the child immediately and ensure that the same incident will not happen again, always considering the best interests of the child while investigating the matter or allegation. Staff must explain to the child the importance of reporting abuse and the process for notifying relevant officers about the abuse.

2. If the accused is a staff member or volunteer:

a) They must be suspended from their job or from volunteer service temporarily pending the results of an investigation. The accused will not be considered a perpetrator unless and until they have been proven guilty.

b) If the accused is found to be innocent of the allegations, they will be able to recommence work again. However, in circumstances where abuse or misconduct by a staff member or volunteer is proven beyond a reasonable doubt, the staff member will be terminated immediately (or in the case of a volunteer, immediately dismissed).

c) If an investigation is being conducted into the actions of a staff member, that person must be given a written notice of the reasons for their suspension from duties and will be advised of the result of the investigation as soon as it becomes available. During the course of the investigation, the staff member is not permitted to consult with other staff or children.

d) In the event that an allegation made against a staff member or volunteer is proven to be untrue, appropriate steps must be taken to follow up with the person who made the accusation, and disciplinary action may be taken if the person knowingly made a false report. If a child has made a false complaint, the seriousness of the matter must be discussed with the child, and counselling should be provided to the child and/or staff member/volunteer who was falsely accused.

3. The facts concerning the matter or allegation will remain confidential. The Child Protection Officer or reporting staff member is required to:

a) Send a copy of the initial report to the Project Rozana Israel Executive Director, who must in turn notify the Executive board and provide them with a copy of the report. All parties are bound by the rules of confidentiality.

b) Seek professional assistance in certain circumstances from an external organisation. In that case, the committee will need to report confidential information to that organisation.

c) In the event that the matter is of a criminal nature, the partner program organisation will assess the situation and progress through all necessary steps as directed by law, a lawyer or a relevant organisation.

d) Deal with all allegations in accordance with the child protection legislation within each program nation, Israel or Palestine. Compliance with child protection legislation may include reporting any allegations to the relevant authorities. Each program recipient is expected to become familiarised with the mandatory reporting requirements for its country.

e) Submit a final written report of the investigation detailing the findings and the actions taken. A copy of the report shall be filed with the program partner and with Project Rozana Israel.

10.2 Serious Misconduct

If staff or volunteers are found beyond reasonable doubt to have committed any of the below offences, immediate termination will be administered.

1. Any form of sexual assault, including but not limited to indecent assault, non-consensual sexual activity, aggravated sexual assault and attempted sexual assault.

2. Possession/dissemination/production of child pornography or child abuse material.

3. Inappropriate personal communication (including emails, telephone calls, text messaging, social media and web forums) that explores sexual feelings or intimate personal feelings with a child.

4. Grooming or procuring children for any sexual activity or trafficking.

5. Physical assault (including threatening a child, their family, or others).

APPENDIX A: PROJECT ROZANA CHILD PROTECTION CODE OF CONDUCT AGREEMENT

PROJECT ROZANA CHILD PROTECTION CODE OF CONDUCT AGREEMENT

The following behavioural protocols outline what is necessary when interacting with children. It is therefore imperative that all Project Rozana Representatives abide by the following protocols to ensure the protection and safety of children and sign the agreement below.

General Protocols

1. Touching body parts or areas normally covered by underwear is not allowed. The only exception to this rule is for medical treatment by a medical professional. Children must be accompanied by an appropriate adult.
2. If a child demonstrates negative body language, such as recoiling, pulling away, becoming stiff, dropping arms down their sides, or avoiding eye contact when being touched, regardless of intent, body contact must be discontinued immediately.
3. Children are never to be encouraged or forced to touch another person against their will.
4. Any form of behaviour that humiliates, degrades, or exploits a child or compromises a child’s wellbeing is prohibited including but not limited to the exchange of money, employment, and/or goods or services for personal gain including sexual favours.
5. Adults will always be responsible for their behaviour and cannot blame the child for their actions, even if the child provokes or acts in a seemingly seductive manner.
6. When interacting with children, employees and volunteers must communicate appropriately through their language, tone of voice, attitude, actions, body language and facial expressions.
7. Employees and volunteers must never use physical discipline to guide children’s behaviour.
8. Employees and volunteers are not to initiate, respond to, or encourage any inappropriate or culturally insensitive physical, emotional or social contact with children in the care of the recipient partner program.
9. Staff or volunteers must not provide or administer any medication to the children unless stipulated in their job description.
10. Staff or volunteers should not use any kind of digital media, such as computer, mobile phone, video camera, or digital camera to record the child’s picture in an inappropriate way. The staff member must not seek to benefit from the photo or dishonour the child.

When photographing or filming a child or using children’s images for work-related purposes:

1. Take care to ensure local traditions or restrictions for reproducing personal images are adhered to before photographing or filming a child.
2. Obtain informed consent from the child and parent or guardian of the child before photographing or filming a child. An explanation of how the photograph or film will be used must be provided.
3. Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive.
4. Ensure images are honest representations of the context and the facts.
5. Ensure file labels, meta data or text descriptions do not reveal identifying information about a child when sending images electronically or publishing images in any form.

APPENDIX B:

CRITICAL INCIDENT FORM

CHILD PROTECTION CODE OF CONDUCT AGREEMENT

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

The Code affirms the values that govern the behaviours of all Representatives of Project Rozana (see Definitions section below) The Code is intended to be used by Representatives in determining what is right and proper behaviour. It has been developed to provide a set of guiding ethical principles, associated obligations and standards of conduct, to assist in determining acceptable standards of conduct.

The Code:

• Supports Project Rozana’s Representatives of diverse backgrounds to work effectively across cultural differences;
• Serves as a reference point for decision making;
• Aims to ensure the promotion of a positive image of Project Rozana, its Representatives and the implementation of the projects with which it is associated, and
• Enables Project Rozana to manage risk by reducing the likelihood of damaging behaviours.

3. SCOPE & PURPOSE

This Code of Conduct applies to the following individuals: All Project Rozana staff, interns and volunteers including Board and Subcommittee members.

In addition to the above mentioned, Project Rozana may, at its sole discretion, ensure contractors, consultants, suppliers and grantees also comply with this policy. In this situation, a Project Rozana staff member with responsibility for engaging the
contractor, consultant, supplier or grantee will take steps to ensure their compliance with this policy, including through their declaration of any interests.

Where this policy is contradicted by contractual obligations to funders, the contractual obligations must be adhered to. Exceptions to such obligations should be sought from funders prior to entering into contracts and any substantive areas of difference must be drawn to the attention of the Executive Director of the Australian Office.

This Code of Conduct applies to the following activities:

• Behaviour in connection with work with or for Project Rozana, even if it occurs outside normal working hours;
• Behaviour during work activities with or for Project Rozana, for example when dealing with donors and other stakeholders;
• Behaviour at Project Rozana-related events, for example social functions, Directors Missions etc. and
• On social media: As interactions on social media with other persons if the views you represent are in violation of the code outlined herewith.

4. CONSEQUENCES OF BREACHING THIS CODE

Project Rozana expects that Representatives will report any breach of this Code (whether known or suspected, actual or potential – refer to point 11). Failure to raise known or suspected issues may result in disciplinary action, including termination of employment or engagement or involvement with Project Rozana. Some of these forms of conduct may also be unlawful and a breach under applicable laws.

5. ACFID CODE

Project Rozana is a member of the Australian Council for International Development (“ACFID”) and a signatory to the ACFID Code of Conduct (“ACFID Code”). Project Rozana is committed to full adherence to the requirements of the ACFID Code. Compliance with these requirements ensure transparency and accountability, improve international development effectiveness and increase stakeholder trust.

6. IMPLEMENTATION

We will explain to all Project Rozana Representatives the implications of this Code for their role during induction and in ongoing training. All Project Rozana Representatives will be made aware of the importance of this Code, and their own responsibility in upholding and implementing the requirements of this Code.

In addition, as part of the induction process, new Project Rozana Representatives will undertake the online learning module, Introduction to the ACFID Code of Conduct, and a copy of their Certificate of Completion will be kept on file. All Project Rozana Representatives will be made aware of the importance and implications of the ACFID Code for their role during induction and in ongoing training, and their own responsibility in upholding and implementing the requirements of the ACFID Code.

7. VALUES

It is our policy to conduct business in a professional manner with the highest standards of integrity and in accordance with applicable laws and regulations.
Project Rozana’s values include:

a) Always acting with fairness, honesty and integrity;
b) Being aware of and complying with all laws and regulations;
c) Maintaining the highest standards of professional behaviour, and
d) Dealing honestly through all communications and interactions with external parties.

Project Rozana does not tolerate sexual misconduct, harassment and bullying. Project Rozana regards these as serious and treats complaints in a sensitive, fair and confidential manner.

Project Rozana is committed to promoting and protecting the interests and safety of children and has zero tolerance for child abuse or child exploitation. Project Rozana maintains the highest standards of vigilance in relation to child safety and requires that its partners and sub-grantees do likewise.

Project Rozana is committed to the promotion of gender equality, equity and non-discrimination.

Project Rozana champions diversity in its workplace and is committed to the protection and promotion of diversity within its workforce including in relation to sexual orientation, gender identity and disability.

8. STANDARDS OF CONDUCT

8.1 Personal Conduct

In the performance of all Project Rozana and project related responsibilities, all Representatives must strive to achieve the highest standards of conduct and accountability, and to demonstrate high standards of professional integrity and honesty, and to:

a) Act in good faith, with care and diligence, and in the best interests of Project Rozana and the stakeholders of the projects with which it is associated;

b) Treat all persons, including children, with respect, dignity and reasonable compassion, in an equitable and fair manner, and with proper regard for their rights and obligations, regardless of race, colour, gender, religion, ethnic or social origin or disability;

• Comply with, and be seen to act within, the spirit and letter of the law and the terms of this Code;
• When travelling internationally, to respect the laws and values of the host country;
• To obey any lawful direction, instruction or order given by any person authorised by law to do so;
• To disclose any financial wrongdoing, corruption, bullying, transactional sex, misconduct or maladministration of which they become aware;
• To act in the best interests of, and in a manner that will not reflect adversely on, Project Rozana, its partners and the stakeholders in projects with which it is associated, and the wider community;
• To conduct themselves in a manner that does not discredit the individual person, having regard to their position within Project Rozana;
• To perform any duties associated with their position conscientiously, courteously, efficiently, impartially, and to the best of their ability, in a manner that bears the closest external scrutiny and meets all legislative and Project Rozana standards;
• To set and maintain standards of leadership that are consistent with Project Rozana’s goals and policies, be seen at all times to act in support of these goals and policies, and actively contribute to their achievement;
• To seek to maintain and enhance the confidence of partners, colleagues, members, project stakeholders and the wider community in the integrity of Project Rozana;
• To safeguard privacy and confidentiality of matters of a personal nature relating to donors, beneficiaries and other colleagues;
• To adhere to management principles and practices that foster the rights and wellbeing of Representatives, and
• To ensure equitable and fair workloads are shared.

All Representatives are specifically prohibited from:

• Engaging in intimidation, bullying, harassment, sexual or other forms of exploitation or unlawfully discriminating against or otherwise abusing any person, including children (see 7.7 below);
• Improperly using their official powers or position, or allowing them to be improperly used;
• Inappropriately distracting other Representatives from carrying out their duties, or – inducing other Representatives to breach this Code.

8.2 Conflict of Interest

Representatives are expected to perform their duties in such a manner that stakeholder confidence and trust in the integrity of Project Rozana and the projects with which it is associated are preserved.

Representatives should endeavour to arrange their private or other official affairs in a manner that will prevent any actual or apparent conflict of interests from arising wherever foreseeable.

Where a conflict of interest does arise between the private or other official interests of a person and the official duties or responsibilities of that person within Project Rozana or in relation to a project with which Project Rozana is associated, the person is to disclose details of the conflict to the Board or relevant Project Coordinator.

Any conflict of interests relating to an individual’s association with Project Rozana will be resolved in favour of Project Rozana’s and the public interest.

In the event that a person is obliged to adhere to a Code other than that applying in Project Rozana (such as other professional codes) and ethical conflicts or dilemmas arise as a result, it is the person’s responsibility to draw such conflict of interests to the attention of the Board for resolution in consultation with the relevant professional body.

8.3 Political Activity

Any political activity by Representatives is to be conducted in a private capacity.
Representatives are expected to clearly separate any official action or views from any political action or views, and to ensure that no conflict of interests arises between such activity or comment and their official duties.

Project Rozana Representatives travelling overseas must never participate in any political or religious advocacy, demonstrations or attempts at conversion with nationals while representing the organisation.

8.4 Access to Project Rozana Resources

In the performance of Project Rozana responsibilities or responsibilities relating to projects with which Project Rozana is associated, Representatives are expected to:

• Use or manage both human and material resources efficiently, effectively, and only for the benefit of Project Rozana, its partners and the projects with which Project Rozana is associated;
• Avoid waste, misuse, abuse, or extravagant use, of resources of any kind belonging to or provided by Project Rozana;
• Ensure that all facilities, physical resources and other property belonging to or provided by Project Rozana are given due care and maintenance;
• Conserve and safeguard Project Rozana assets;
• Budget honestly, and
• Respect the environment by engaging in environmentally friendly work practices.

8.5 Gifts and Benefits

In their official capacity, Representatives are not to solicit any personal or other benefits, except where specifically authorised by Project Rozana (e.g., legitimate pursuit of donations or sponsorship in accordance with Project Rozana policy).

Project Rozana recognises that there will be instances where Representatives will be offered benefits (gifts, etc.) and that under certain circumstances it will be appropriate for Representatives to accept them. However, Representatives are to avoid all situations in which the acceptance of any benefit could create an actual or apparent conflict of interests with their official duties.

Representatives are to consider the following when making this decision:

• Who is offering the benefit?
• What is the purpose of the offer?
• What is the timing of the offer?
• Does the value of the benefit exceed a nominal value?
• Is the offer likely to be regular or repetitive?
• Is acceptance of the benefit consistent with other Project Rozana policy?
• Could the acceptance compromise you, another person or Project Rozana?
• Could acceptance of the benefit stand external scrutiny.

If there is any doubt about the intention or integrity of the source making an offer, Representatives are expected to reject the offer.

Where the value of the offer exceeds a nominal value of a $20 or equivalent, and refusal of the benefit may cause offence, the offer should be accepted and immediately brought to the attention of the board.

8.6 Payments to Government Public Officials

No Representatives are allowed to provide a benefit, or cause a benefit to be provided, or offer or promise to provide a benefit, or cause an offer or promise of provision of a benefit, to any public official. This relates to any person employed, contracted, performing work, or representing any government body, public enterprise, or any international agency including any international or multilateral agency.

Should any representations be made by any persons soliciting such payment or the provision of any such benefits, then this should be reported immediately to the Board of Project Rozana.

On occasions local custom may suggest providing minor benefits to public officials to expedite minor routine government action. Project Rozana does not condone such activities and in the event that they are likely to occur, this should be discussed with the Board prior to taking action. Examples of such activity would include expediting the issuance of visas or permits.

Any Project Rozana persons found not adhering to the above policy, will be subject to
disciplinary action. Should Project Rozana Representatives not adhere to the policy in the context of a project with which Project Rozana is associated, any funding of the project by Project Rozana may be terminated.

8.7 Child Protection

Project Rozana maintains a zero-tolerance policy towards child abuse. 

No Representatives are to engage in behaviour that is intended to shame, humiliate, belittle or degrade children, including using language towards children that is harassing, abusive, sexually provocative or culturally inappropriate.

All Representatives are required to adhere to the following rules when dealing directly with children (excluding where applicable the person’s own child or children), and in doing so take responsibility for ensuring that they do not place themselves in a position where they risk allegations being made against them:

• Not invite unaccompanied children into a private residence unless they are in immediate risk of injury or in physical danger;
• Not sleep close to unsupervised children, unless necessary and then only in the presence of another adult;
• Not access or store child pornography via any medium;
• Refrain from physical discipline of children;
• Provide gifts that are not part of a Board approved activity. Any such gifts must be issued as part of an official Project Rozana ceremony, or as part of an approved project (e.g. the provision of iPads to assist children with educational activities).

When photographing or filming children for organization-related purposes Representatives must:

• Endeavour to comply with local traditions or restrictions for reproducing personal images;
• Obtain the informed consent of the child or parent/guardian of the child by explaining how the images will be used;
• Ensure the images present children in a dignified and respectful manner, not a vulnerable or sexually suggestive manner, and
• Ensure file labels do not reveal identifying information about the child if sending images electronically.

Representatives are obliged to immediately report concerns or allegations of child abuse in accordance with Project Rozana’s Child Protection Policy.

Depending on the severity of the infringement, failure to abide by these policies will result in termination of your association with Project Rozana.

8.8 Anti-Discrimination and Harassment

All Project Rozana Representatives are required to treat each other, and other people with whom they come in contact in our workplace, with respect, dignity and courtesy. In particular, Project Rozana Representatives must not commit any form of discrimination or harassment (including sexual harassment) in our workplace.

Project Rozana Representatives must not discriminate against another person for any of the following reasons:

• Pregnancy, or breastfeeding;
• Sexual orientation, gender identity, intersex status, marital or relationship status
• Race, colour, descent, nationality, national origin, ethnicity or ethno-religious origin;
• Religious belief or activity;
• Political belief or activity;
• Responsibilities as a carer or family responsibilities;
• Disability or impairment;
• Age; or
• Service in the voluntary defence forces.

Project Rozana Representatives must not conduct themselves or behave in a manner that would be considered harassment or sexual harassment. Harassment is any form of behaviour that is unwelcome (not wanted) or uninvited (not asked for) or a reasonable person would have anticipated would humiliate, offend or intimidate someone.

Sexual harassment occurs when a person:

• makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or
• engages in other unwelcome conduct of a sexual nature in relation to another person in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the other person exposed to the conduct would be offended, humiliated or intimidated.

Project Rozana Representatives must consider how their behaviour is viewed by others that they are dealing with. Different social or cultural backgrounds may lead a person to look at the same conduct differently from another person. It is possible to commit discrimination, harassment or sexual harassment whether the conduct was intentional or unintentional. It is not a defence that a person did not intend to humiliate, offend or intimidate another person.

8.9. Anti-Bullying

Project Rozana Representatives are required to take reasonable care to ensure that they do not behave in a manner which may adversely affect the health and safety of others in the workplace.

Project Rozana Representatives must not engage in any form of workplace bullying. Workplace bullying is the repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety, including behaviour that is victimising, humiliating, intimidating or threatening.

Single incidents of unreasonable behaviour are unlikely to be bullying but they can present a risk to health and safety and will not be tolerated.

Please refer to the Anti-Bullying Policy for further details about what will constitute bullying and our expectations of Project Rozana Representatives in this area. Representatives who become aware of an incident of workplace bullying should report it to their manager immediately.

Project Rozana staff, volunteers and contractors must be familiar with and comply with corporate policies including Project Rozana’s:

• EEO, Discrimination, Bullying and Harassment Policy
• Child Protection Policy
• Diversity and Inclusion Policy
• Feedback and Complaints Policy
• Partnership Policy
• Environmental Management Policy.

9. FINANCIAL WRONGDOING

Project Rozana regards and treats seriously any financial wrongdoing and maintains a zero-tolerance position towards financial wrongdoing.

Forms of Financial Wrongdoing include:

1. 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.
2. Corruption – the abuse of entrusted power for private gain.
3. 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.
4. Fraud – Dishonestly obtaining a benefit, or causing a loss, by deception or other means. It extends to benefits obtained or derived that can be both tangible and intangible.
5. 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.
6. Terrorism Financing – intentionally providing or collecting funds and being reckless as to whether those funds would be used to facilitate or engage in a terrorist act. Prior to signing any agreements regarding Board appointments or with partners, the name of the individual or organisation will be checked against the DFAT ‘Consolidated List’ of persons and entities subject to targeted financial sanctions (imposed by resolution of the UN Security Council), and the Attorney-General’s Department ‘List of Terrorist Organisations’ as per Division 102 of the Criminal Code 1995. Project Rozana will not engage with any individuals or entities that appear on those lists.

All Project Rozana Representatives are responsible for financial wrongdoing prevention and detection. In the case of any incident of suspected or detected financial wrongdoing arising from the actions of Project Rozana Representatives, the incident must be reported immediately to the Project Rozana Board.

In the case of any incident of suspected or detected financial wrongdoing arising from the actions of someone in a Partner Organisation and affecting a project with which Project Rozana is associated, this should be handled accordingly to the Project Rozana’s formal internal procedures and must be reported to the Project Rozana Israel Executive Director, the Project Rozana Chair and thereafter to the Project Rozana Israel Board and International Board. This report will be in writing and will initially include the following information:

• Name of the project or activity;
• Name of parties involved;
• Details of the suspected/detected financial wrongdoing, including a chronological account of the facts giving rise to the financial wrongdoing;
• Details of any witnesses;
• Copies of relevant documents;
• References to any relevant legislation;
• A nominated contact person;
• Any other relevant information (e.g., possible local sensitivities, relevant in-country agencies that can assist with investigations) and
• The current status of any inquiries.

Subject to the decision of the Project Rozana International Board, Project Rozana will investigate the suspected or detected financial wrongdoing and the Board will agree on a strategy to be followed to obtain redress, where appropriate, in light of the investigation’s findings. If the financial wrongdoing has occurred in the context of a project with which Project Rozana is associated, Project Rozana funding may be terminated in accordance with Project Rozana’s Partnership Policy. If there is reasonable prospect that laws were broken, police in an appropriate jurisdiction will be informed.

10. PARTNER DUE DILIGENCE

A full list of the parameters that Project Rozana considers before signing a Partnership
Agreement is provided in Project Rozana’s Partnership policy. However, as a minimum, due diligence requires that the following parameters are assessed, and if it is not possible to work with the potential partner to remedy any deficiencies with respect to these parameters, Project Rozana will not proceed with signing an agreement.

– The potential partner must be legally registered and have effective governance arrangements such as a Board, management structure, etc.
– The potential partner must have appropriate systems to manage its funds and maintain records and capacity to manage and control funds.

– The potential partner does not appear on any of the prohibited entities listed in Section 9 above.
– The potential partner has the capacity to implement key safeguarding and risk policies, such as child safeguarding, protection of vulnerable persons from sexual exploitation, financial wrongdoing, complaints, separation of development and non-development activity.
– The partner has the capacity to apply funds or resources in accordance with the promise to the donor, our strategy and our specific instructions.

11. DETERMINING APPROPRIATE CONDUCT

In the first instance, Representatives are expected to assess the appropriateness of their own conduct in relation to decisions or actions they take as follows:

• Would your decision or action withstand scrutiny by the community or Project Rozana?
• Will your decision or action comply with this Code of Conduct and Project Rozana policy?
• Does your decision or action comply with all laws, regulations and rules?
• Is your decision or action fair to the community, your family, your colleagues and others?

Project Rozana’s responsibility in determining whether a person’s conduct is right and proper in terms of this Code requires examination of:

• The nature of the conduct exhibited, and
• The context in which the conduct takes place.

Appropriateness of conduct is determined within this framework, with reference to the
expectations of Project Rozana, applicable legislation, the wider community and the provisions of this Code.

Where the conduct of a person does not satisfy the self-assessment criteria above, or will otherwise adversely reflect on Project Rozana, it will be deemed by Project Rozana as inappropriate hereunder.

12. BREACHES OF STANDARDS OF CONDUCT

All Representatives are expected to familiarise themselves with this Code and ensure that its provisions are observed. Failure to comply with standards of conduct outlined in the code, without valid reason, will be addressed as an issue that may involve either termination of the person’s position in Project Rozana or termination of Project Rozana’s funding of a project or partnership with Project Rozana.

Representatives requiring advice or assistance concerning their obligations under this Code should seek assistance from the Project Rozana.

When assessing perceived or actual breaches of the Code of Conduct, the Project Rozana Board will adhere to the principles of natural justice, i.e., the affected person must be given the opportunity to present their case and have that information considered before any decision is made; and the decision maker must have no personal interest in the matter to be decided, have no bias as to the outcome, and act in good faith throughout the process.

CODE OF CONDUCT AGREEMENT

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

Project Rozana’s mission is to build bridges to better understanding between Israelis and Palestinians using the platform of health.

To achieve such an ambitious goal, we need to inspire and motivate many diverse stakeholders. Images and case studies play a vital role in helping us to do this by bringing our work to life and raising awareness.

The images we choose and the stories we write must represent our work accurately and show a true and authentic account of the ways in which people benefit from the work we do.  Authenticity is key to upholding our reputation.

The gathering of images and case studies can cause harm if it is not carried out to a high ethical standard and they can cause offence if sourcing them is intrusive or inappropriate. The use of images can also be counter-productive if they are reproduced inaccurately or with manipulation.

Anybody gathering or using images for or on behalf of Project Rozana, or commissioning someone else to do so, must read the following guidelines before carrying out their work.

Anyone commissioning a photographer or filmmaker or travelling with supporters or Directors taking images is responsible for ensuring that our ethical standard is adhered to at all times.

3. PURPOSE

Project Rozana Australia communicates about its programs and their impact to a range of stakeholders, for reporting and fundraising purposes. This includes the production and distribution of communications materials such as annual reports, newsletters, donor updates and acquittal documents, promotional collateral, the Project Rozana website, social media platforms, television and radio interviews, and podcasts.

The purpose of this policy is to ensure that images and stories collected by staff, volunteers and partners are collected, sourced and used honestly and ethically, according to Project Rozana’s values, and safeguarding and compliance
obligations.

All stories and images collected and used must portray the people and communities, with whom Project Rozana works, with respect, dignity and accuracy. This policy is part of Project Rozana’s accountability to its local partners and primary stakeholders whose stories and images it shares, to ensure that their rights, safety, dignity, privacy, cultural and religious beliefs are respected and protected.

Moreover, our photographs, videos and case studies are an expression of our approach to equality and non-discrimination; therefore, we must consider who we are taking photographs of. All individuals should be shown in a dignified way. This is particularly important for individuals who may face discrimination or exclusion. This may include, but is not limited to, older people, women, people with disabilities, and children. Photographers and filmmakers should ensure that they depict people who may be discriminated against as an integral part of society and the
community.

4. SCOPE

This policy applies to all Project Rozana staff, those who are engaged by Project Rozana to perform any part of Project Rozana’s program activity, and anyone who is collecting, sourcing and using stories and images about these activities, including:

• staff;
• contractors/consultants;
• program volunteers;
• program sub-contractors or partners;
• and Directors.

This policy covers both still (photographs) and moving (video) imagery and recorded,
transcribed or written interviews and direct quotes, collected by Project Rozana Representatives (as defined above). It applies to information, stories and images collected for research, evaluation, donor, supporter and public engagement purposes and all material published by Project Rozana about its projects and activities regardless of format.

5. DEFINITIONS

Stories – the direct quotes, facts and personal details obtained during an interview and used in messaging, case studies, reports and communications.

Images – means still (photographs and illustrations) and moving (video and animation)

Child – is an individual below the age of 18 years.

Content — videos, photos, stories and interviews that may be used to illustrate any aspect of Project Rozana’s programs and activities.

Free, prior and informed consent — a person understands why their image, story and/or personal details are being collected; where and how they will be used and over what period of time; that their participation is entirely voluntary; the potential risks and consequences of their image, name and words being published; and then agrees to Project Rozana collecting the content. The person feels free to say ‘no’ to their image or story being collected and understands that this will not negatively impact on the benefit they derive from participating in a Project Rozana program.

Adequately clothed — no full nudity; no genitals, nipples or naked bottom clearly visible; any partial nudity is appropriate to age and gender and relevant to the context and Project Rozana’s work

6. COMPLIANCE REQUIREMENTS AND STANDARDS

Project Rozana content must comply with:

• Writing Style Guide and Brand Guidelines. Project Rozana’s approval for all final versions of stories must be obtained from Executive Director, prior to publication;
• Child Safeguarding Policy as well as the Child Safeguarding Manual which include
  Project Rozana’s specific commitments relating to the photographing or filming of children and use of children’s images and personal information;
• Australian Council of International Development (ACFID) Code of Conduct. Project Rozana is committed to meeting the quality principles and commitments within that Code as it relates to the way that Project Rozana portrays local people that benefit from Project Rozana’s programs in communications about its work. (Principle 6: Communications);
• and Department of Foreign Affairs and Trade (DFAT) Branding Guidelines where
  appropriate, in relation to promotional materials that publicise DFAT-funded
  programs.
• Project Rozana staff, volunteers, Directors, contractors, sub-contractors and partners (hereafter referred to as Project Rozana Representatives) will be provided with a copy of this policy and be required to adhere to this policy when collecting content on behalf of Project Rozana.

Project Rozana Representatives will collect and use content ethically in line with the following minimum standards:

a) Stories and images collected from adult and children by Project Rozana Representatives will:

• Depict people and their issues, experiences and lives respectfully and truthfully,
  retaining the intended meaning of the information they provide and ensuring honest visual portrayals.
• Protect the privacy and safety of people and their information by identifying people by first name only and in the case of children, not using their name (or using a pseudonym). All content will be accurately credited and captioned while also protecting people’s privacy and safety;
• Present people in a respectful rather than vulnerable or demeaning way. This
  includes ensuring that images are taken of people that are adequately clothed;
• Respect people’s self-worth, values, history, religion, language and culture, protects their rights and ensure they are portrayed with dignity and strength as active partners in their own development, with the ability to change. People will not be portrayed as victims or presented in a dehumanised manner;
• Authentically represent the environment, context, situation and people — the need, the proposed solutions, and the impact of Project Rozana’s work. This will be done without embellishment, exaggeration, material omissions, manipulation or significant alteration to mislead audiences or to alter meaning, facts, concept or context;
• Be gathered in a respectful and sensitive way that does not exacerbate people’s
  trauma, and respects cultural differences and local traditions, laws and restrictions; and
• Provide people, with whom Project Rozana works, with an opportunity to communicate their stories to Project Rozana, in their own words, without prejudice, judgement or fear of retribution, and also have the opportunity to seek information from Project Rozana about any aspect of the collection and use of content involving them.

b) Free, prior and informed consent of people will be obtained before collecting and using their personal information, stories and images:

• Before stories and photos are collected, Project Rozana Representatives will obtain free, prior and informed consent from the person being photographed, filmed or interviewed using the Project Rozana Consent Form (see Appendix A). For children in all circumstances, consent must be obtained from the child’s parent and guardian. Where appropriate and possible consent must also be obtained from the child;
• The consent process will be explained clearly in the local language of the person
  whose consent is being obtained to ensure that their consent (if provided) is
  informed;
• Informed consent must be acknowledged in writing by the subjects if possible, and where not possible in writing by the Project Rozana person to indicate that verbal informed consent has been received. Where possible, the Project Rozana Representatives will record or film the consent process;
• Project Rozana will respect a person’s right to refuse to be interviewed, photographed or filmed. If Project Rozana Representatives sense any reluctance or confusion, they should refrain from continuing the interview or taking the photo or video;
• Project Rozana will not provide payment or any other form of compensation to local people in exchange for their photograph or film to be taken or their information collected, and story told;
• Project Rozana will ensure that the content being used, and the associated permissions, are current and consistent with the terms of consent provided; and
• Project Rozana will stop using content when requested by the subjects to remove the content from circulation.

c) Stories and images will be stored securely:

• All images and images will be securely stored, and only approved content published;
• All content developed will be approved by the Executive Director or their
  nominated representative prior to publication; and
• All stories and images that are collected by Project Rozana sub contractors or contractors will be handed over to Project Rozana staff at the end of a program activity and all information and images deleted from devices on which they are stored. Project Rozana sub contractors or contractors will not share stories and images gained during a Project Rozana program activity for personal use on social media or in public presentations without the written consent of Project Rozana.

d) Additional standards relating to children:

In addition, when collecting stories or images of children, Project Rozana Representatives must adhere to standards outlined in the Child Protection Policy to ensure children are portrayed in a respectful, appropriate and consensual manner at all times. This means that when collecting children’s stories and images must:

• Ensure that local traditions or restrictions for reproducing personal images are
  adhered to before photographing or filming a child;
• Obtain informed consent from the child’s parent/guardian/caretaker of the child in all circumstances, and the child where appropriate and possible, before photographing, filming a child or using their personal information. At a minimum, informed consent means explaining to the parent/guardian/caretaker and child the implication, purpose and potential uses of the photograph, film or personal information. This consent should be documented using the Project Rozana Consent Form (see Appendix A);
• Ensure that children are represented in a dignified and respectful manner (i.e.,
  adequately clothed and depicted in a manner which is not vulnerable, submissive or sexually suggestive) in all photographs, films and videos;
• Ensure that images of children are honest and factual representations of the context in which they were taken;
• Ensure that file labels, meta data or text descriptions do not reveal identifying
  information about a child (such as a child’s name) when sending images electronically or publishing images in any form; and
• Obtain Project Rozana consent before storing, transferring or using any images for evaluation, education, promotional and/or fundraising purposes.
• Sign a copy of the Project Rozana Child Protection Policy & Child Protection Code of Conduct (see Appendix B) to confirm they have read and will abide by Project Rozana’s stated policies and procedures when working with children.

Project Rozana is committed to keeping children safe when collecting and using their images and personal information. Detailed guidelines on Taking and Using Visual Images and Personal Information of Children are outlined in the Child Protection Code of Conduct.

7. ASSOCIATED DOCUMENTS

Child Safeguarding Policy
Child Safeguarding Manual
Privacy Policy
Project Rozana Consent Form
HR Manual
DFAT Branding Guidelines

APPENDIX A: PROJECT ROZANA CONSENT FORMS

Consent Form – Adult

Consent Form – Minor

APPENDIX B: CHILD SAFEGUARDING AGREEMENT

Child safeguarding declaration.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. PURPOSE

Project Rozana is committed to high standards of ethical conduct and accordingly places great importance on making clear any existing or potential conflicts of interest. The purpose of this policy is to help Board members, staff, volunteers and contractors effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of Project Rozana and manage risks.

Project Rozana aims to ensure that Board members, staff, volunteers and contractors are aware of their obligations 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 as representatives of Project Rozana.

2.1 The Reality That Conflicts of Interest Will Arise

It is accepted that from time to time, Conflicts of Interest will arise despite diligent efforts to avoid their occurrence. This reality is, of itself, not a breach of this Policy, however this Policy requires that Conflicts of Interest be identified effectively and disclosed transparently so that they can be managed appropriately.

3. DEFINITIONS

Project Rozana defines a conflict of interest as a situation in which a personal interest may interfere with a person’s responsibility to act in the best interest of the NGO. Personal interests include direct interests as well as those of family, friends, or other organisations a person may be involved with or have an interest in (for example, as a shareholder). It also includes a conflict between a Board member’s duty to Project Rozana 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.

Actual Conflict of Interest: A direct conflict with your Project Rozana responsibilities, stemming from a personal or third-party interest or obligation that affects your ability to make impartial decisions.

Potential Conflict of Interest: A conflict with your Project Rozana responsibilities, stemming from a personal or third-party interest or obligation, that could, in the future affect your ability to make impartial decisions.

Perceived Conflict of Interest: A conflict where it could reasonably be perceived or give the appearance that a personal, third-party interest or obligation would affect your ability to make impartial decisions while carrying out Project Rozana responsibilities.

4. POLICY AND POLICY PRINCIPLES

Conflicts of interests may occur if an interest or activity influences, or appears to influence, the ability of a Board member to exercise objectivity. This policy has been developed because conflicts of interest commonly arise, and do not need to present a problem to the organisation if they are openly and effectively managed.

It is the policy of Project Rozana, and the responsibility of the Board and staff, to make clear any ethical, legal, financial or other conflicts of interest. All such conflicts of interest shall be declared by the Board or staff member concerned and documented in the Register of Interests in Appendix A.

Project Rozana will manage conflicts of interests by requiring Board and staff members to:

• Avoid conflicts of interests where possible;
• Identify and disclose any conflicts of interest;
• Carefully manage any conflicts of interests;
• Respond to any breaches;
• Not initiate or take part in Board discussions or staff meetings on topics where conflicts of interest exist unless invited to do so by unanimously agreement by other members present; and
• Not vote on matters where there are conflicts of interest.

4.1. Responsibility of the Board

The Board is responsible for:

• Establishing a system for identifying, disclosing and managing conflicts of interest across the organisation. At a minimum, this includes making conflict of interest a standing agenda item for all Project Rozana Australia and International Office Board meetings, including the Executive Board;
• Monitoring compliance with this policy; and
• Periodically reviewing this policy to ensure that the policy is operating effectively.

Project Rozana is registered with the Australian Charities and Not-for-profits Commission (ACNC) and hence must ensure that its Board members are aware of the ACNC governance standards and that they disclose any actual or perceived material conflicts of interests as required by governance standard 5.
The ACNC governance standards are available and a copy of governance standard 5 is also provided at Appendix B.

4.2 Identification and disclosure of conflicts of interests

Board members shall declare any conflicts of interest of which they become aware either at the start of the Board meeting concerned or when a relevant issue arises. The nature of this conflict of interest should be entered into the meeting minutes. The interest should also be documented in the Register of Interests.

Where all of the other Board members share a conflict, the Board can refer to governance standard 5 to ensure that proper disclosure occurs. The Register of Interests will be maintained by the Project Rozana Executive Directors in each country. The Register of Interests records information related to a conflict of interest including the nature and extent of the conflict of interest and any steps taken to address it.

Staff can declare a conflict of interest at any time, by raising it with their supervisor, and the Executive Director. The conflict is reported to Board  and a separate Register of Interests is maintained for staff, contractors and volunteers, also noting the nature and extent of the conflict of interest and any steps taken to address it.

4.3 Confidentially of disclosures

Only the following people will have access to the information relating to conflicts of interest disclosed by Board and staff members:

• Board members and Board observers; and
• Project Rozana Executive Management

5. ACTION REQUIRED FOR MANAGEMENT OF CONFLICTS OF INTEREST

5.1 Conflicts of interests of Board members

Once the conflict of interest has been appropriately disclosed, the Board (excluding the Board member disclosing and any other conflicted Board member) must decide whether or not those conflicted Board members should:

• Vote on the matter (this is a minimum);
• Participate in any debate; and
• 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, it may be worth the Board considering whether it is appropriate for the conflicted person to resign from the Board.

5.2 What should be considered when deciding what action to take

In deciding what approach to take, the Board will consider:

• Whether the conflict needs to be avoided or simply documented;
• Whether the conflict will realistically impair the disclosing person’s capacity to impartially participate in decision making;
• Alternative options to avoid the conflict;
• The organisation’s objects and resources; and
• The possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the organisation.

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.

6. COMPLIANCE WITH POLICY

If the Board or Executive Director has a reason to believe that a person subject to the policy has failed to comply with it, they will investigate the circumstances. If it is found that this person has failed to disclose a conflict of interest, the Board or Executive Director may take action against them. This may include seeking to terminate their relationship with the organisation.

If a person suspects that a Board or staff member has failed to disclose a conflict of interest, they must discuss with the person in question and notify the other Board members, or the Executive Director in the case of staff.

APPENDIX A:

REGISTER OF INTERESTS FORM

APPENDIX B: ACNC GOVERNANCE STANDARD 5

Governance standard 5: Duties of responsible persons

This standard requires charities to take reasonable steps to make sure that the following duties apply to responsible persons and that they follow them. The duties can be summarised as follows:

• to act with reasonable care and diligence
• to act honestly and fairly in the best interests of the charity and for its charitable
  purposes
• not to misuse their position or information they gain as a responsible person
  not to disclose conflicts of interest
• to ensure that the financial affairs of the charity are managed responsibly, and
  not to allow the charity to operate while it is insolvent.

Generally, the duties mean that responsible persons should act with standards of integrity and common sense.

Purpose of this standard

A charity must make sure that its responsible persons are required to meet a set of legal duties. This ensures that they act in the best interest of the charity and in a way that doesn’t endanger its work. Responsible persons have a responsibility to put the interests of their charity above their own personal interests. Generally, they need to be careful and conscientious in their roles and act with standards of common sense and integrity.

• The purpose of this standard is to give the public confidence that your charity’s responsible persons are managing the charity well and meeting these duties.

Ways to meet this standard

• Steps your charity can take to meet this standard are to:
• bring these duties to the attention of responsible persons (such as providing them with a copy of this guidance or other resources) or outline their duties in a letter of appointment or by setting them out in a board or committee charter
• regularly provide information or training to responsible persons on their duties to refresh their knowledge (such as by advising of ACNC webinars on relevant topics, such as Welcome to the board)
• encourage responsible persons to attend, prepare for, and participate at meetings
  have processes for the responsible management of money
• have processes in place to manage conflicts of interests, and
• take action if your responsible persons are failing to meet their duties.

Other laws on the duties of responsible persons

Your charity’s responsible persons may already be subject to duties under other laws that apply to it. For example:

• equivalent duties exist in state or territory incorporated associations legislation – if your charity and its responsible persons comply with these duties, your charity will meet this standard
• for companies under the Corporations Act 2001 (Cth), the governance standards
  replace most requirements relating to director duties under this Act. However, some criminal offences under this Act and similar duties under common law continue to apply. Read more about the changes for charities registered with ASIC and ACNC, and
• trustees will generally have higher duties (for example, under the common law).

The Rozana Project Initiative Foundation Limited ("Company")

1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Constitution, unless the context requires otherwise:

“ACNC Act” means the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

“AGM” means Annual General Meeting.

“Alternate” means a person appointed as an alternate Director under clause

“Applicable Act” means:

1. while the Company is a Registered Charity, the ACNC Act and the Corporations Act; or
2. if the Company is not, or ceases to be, a Registered Charity, even if it is still a charity, the Corporations Act.

“Board” means the board of Directors of the Company.

“Chairperson” means the person appointed or elected from time to time pursuant to clause

“Commissioner” means the Commissioner of Taxation, a second Commissioner of Taxation or a Deputy Commissioner of Taxation or other delegate of the Commissioner of Taxation for the purposes of the Tax Act.

“Company” means the company defined at the beginning of this Constitution.

“Constitution” means this Constitution as supplemented, substituted or amended from time to time and includes any rules, regulations and by-laws of the Company for the time being in force.

“Corporations Act” means the Corporations Act 2001 (Cth).

“Deputy Chairperson” means the person appointed or elected from time to time pursuant to clause.

“Director” means a person occupying the position of director of the Company and includes any person acting as an Alternate.

“Eligible Charity” means a fund, authority or institution –

1. which is charitable at law; and
2. gifts or contributions to which are deductible under item 1 of the table in section 30-15 of the Tax Act; and
3. which has objects and purposes similar to the objects and purposes of the Company and which is not carried on for the profit or gain of its members.

“First Resolution” has the meaning given to that term in clause.

“Gift Fund” means The Project Rozana Foundation Gift Fund established or to be established for the purposes of the Tax Act in accordance with clause.

“GST” has the meaning given to that term by Section 195-1 of the GST Act.

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999.

“Member” means a person who is entered in the Register.

“Members’ Resolution” means a resolution moved or proposed by Members in accordance with clause 11.5.

“Members’ Statement” means a statement requested by Members in accordance with clause 11.5.

“Membership” means the contractual rights of a person to membership of the Company, being the rights attaching to the class of membership conferred on that person.

“Membership Year” means each period of 12 Months commencing on 1 July and ending on the next ensuing 30 June.

“Month” means calendar month.

“Office” means the Company’s registered office.

“Present” means, when used in relation to a Member at a meeting, present in person or by proxy, attorney, representative or guardian.

“Register” means the register of members of the Company.

“Registered Charity” means a charity that is registered under the ACNC Act.

“Responsible Person” means an individual who –

1. performs a significant public function;
2. is a member of a professional body having a code of ethics or rules of conduct;
3. is officially charged with spiritual functions by a religious institution;
4. is a director of a company whose shares are listed on the ASX Limited;
5. has received formal recognition from government for services to the community;
6. is a person before whom a statutory declaration may be made; or
7. is approved as a Responsible Person by the Commissioner.

“Secretary” means a person appointed from time to time pursuant to clause 23.1.

“Security Interest” means any mortgage, lien, charge (whether fixed or floating), bill of sale, caveat, pledge, claim, trust arrangement, preferential right, right of set-off, title retention or other form of encumbrance and includes any “security interest” within the meaning of section 12 of the Personal Property Securities Act 2009 (Cth).

“Subscription” means the annual subscription fee payable by Members pursuant to clause 5.4.

“Tax Act” means the Income Tax Assessment Act 1997 (Cth).

1.2 Words and expressions

In this Constitution, unless the context requires otherwise:

1. the singular includes the plural and vice versa;
2. words denoting any gender include all genders;
3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
4. a reference to a party, clause, paragraph, schedule or annexure is a reference to a party, clause, paragraph, schedule or annexure to or of this Constitution;
5. a reference to this Constitution includes any schedules or annexures;
6. headings are for convenience and do not affect interpretation;
7. a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
8. a reference to “$”, “A$” or “dollar” is a reference to Australian currency;
9. a reference to a time is a reference to Australian Eastern Standard Time or Australian Eastern Daylight Time, whichever is appropriate;
10. a reference to a party includes its executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
11. a reference to writing includes any method of representing words, figures or symbols in a permanent and visible form;
12. words and expressions denoting natural persons include bodies corporate, partnerships, associations, firms, governments and governmental authorities and agencies and vice versa;
13. a reference to any legislation or to any provision of any legislation includes:
    ___i. any modification or re-enactment of the legislation;
    ___ii. any legislative provision substituted for, and all legislation, statutory instruments and regulations issued under, the legislation or provision; and
    ___iii. where relevant, corresponding legislation in any Australian State or Territory;
14. no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Constitution or any part of it;
15. the words “including”, “for example”, “such as” or other similar expressions (in any form) are not words of limitation; and
16. words or expressions defined in the Corporations Act but not in this Constitution have the same meaning in this Constitution.

1.3 Replaceable rules and interaction with the Applicable Act

1. To the extent permitted by law, the replaceable rules contained in the Corporations Act do not apply to the Company;
2. While the Company is a Registered Charity, the ACNC Act and the Corporations Act override any clauses in this Constitution which are inconsistent with those Acts as they apply to a Registered Charity;
3. If the Company is not a Registered Charity (even if it remains a charity) the Corporations Act overrides any clauses in this Constitution which are inconsistent with that Act.

2 OBJECTS

2.1 Principal object

The principal object of the Company is to promote the prevention, control and treatment of genetic disorders, co-morbid diseases, mental illnesses and other diseases prevalent in the Palestinian community in Gaza and West Bank (including but not limited to, blood cancers, diabetes, post-traumatic stress disorder, eye disease, end stage renal disease and disorders of sexual differentiation) and in particular:

1. to provide access to and facilitate the treatment of Palestinian patients suffering from such diseases, disorders or mental illnesses in Israeli hospitals and other support services, including without limitation, through emergency aid and transport;
2. to undertake, encourage and promote the training and education of Palestinian doctors, nurses, therapists and other health professional in Israeli hospitals, and to advance their knowledge and skill, on:
   ___i. peritoneal dialysis and other emerging therapies in the treatment of chronic kidney diseases; and
   ___ii. the treatment of various other diseases, disorders and mental illnesses experienced by members of the Palestinian community; and
3. to support and provide treatment and psychological counselling to Palestinian children suffering from post-traumatic disorder and/or disorders of sexual differentiation;
4. to undertake, encourage and promote the training and education of Palestinian psychiatrists, psychologists and other mental health professional in diagnostic techniques, pharmacological treatments and cognitive behavioural therapies to prevent, control and treat mental illnesses such as post-traumatic stress disorder;
5. to provide or facilitate the provision of psycho-social support and counselling to Palestinian patients and their carers;
6. to raise public awareness on the prevention, treatment and control of diseases, disorders or mental illnesses prevalent in the Palestinian community in Gaza and West Bank; and
7. to undertake such other activities from time to time which further, promote or advance the principal object of the Company.

2.2 Ancillary objects

For the purpose of achieving the principal objects set out in clause 2.1, the Company has and will continue to –

1. organise functions, events or entertainment of any kind to raise funds for the Company;
2. implement and market materials to promote awareness and knowledge of the purposes and activities of the Company;
3. administer one or more funds into which all gifts, contributions, donations and bequests to the Company for the purposes of the Company will be credited;
4. conduct public programs including education programs, social and community programs and research programs;
5. disseminate information relating to education and community programs and to produce, edit, publish, issue, sell, circulate and preserve such papers, periodicals, books, circulars and other literary matters as are conducive to these objects;
6. establish and maintain relationships and close communications with corporations, entities, associations, foundations, institutions, organisations and groups including Federal, State and Local Government instrumentalities, authorities and professionals that may have related interests to the Company and utilise their resources and facilities to provide and achieve the objects of the Company;
7. seek and co-ordinate funding from Federal, State and Local Government and the private sector in the form of grants, gifts, donations and bequests committed to the objects of the Company;
8. encourage and promote and generally to create greater community awareness in the knowledge and understanding of the objects of the Company;
9. provide or attract funds for the facilitation of any of the objects of the Company;
10. do all such other things as are incidental or conducive to the attainment of the objects and aims of the Company and its Members.

The Company will be established and operated in Australia.

2.3 Not for profit

1. The objects of the Company will not be carried on for the purpose of profit or gain to its Members and the income and property of the Company, from whatever sources derived, will be applied solely towards the promotion of the objects of the Company.
2. No income or property of the Company will be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise by way of profit to the Members of the Company.
3. Nothing in clause 2.3(a) and 2.3(b), will prevent:
   ___i. the payment, in good faith, of remuneration to any officers or servants of the Company or to any Member in return for any services actually rendered to the Company or for goods supplied in the ordinary or usual way of business
   ___ii. the payment of interest at a rate not exceeding the rate fixed for the purposes of this clause 2.3(c) by the Board on money borrowed from any Member or reasonable and proper rent for premises demised or let by any Member to the Company; or
   ___iii. making a payment to a Member in carrying out the Company’s charitable objects.

3 POWERS OF THE COMPANY

3.1 The Company has, subject to the Applicable Act, power to do all things necessary or convenient to be done for, or in connection with, the performance of its objects.

3.2 Without limiting the generality of clause 3.1, the Company has all the rights, powers and privileges and the legal capacity of a natural person including, but not limited to, the powers to:

1. accept gifts, devises, bequests or assignments made to the Company, whether on trust or otherwise, and whether unconditionally or subject to a condition and, if a gift, devise, bequest or assignment is accepted by the Company for the Company on trust or subject to a condition, to act as trustee or to comply with the condition, as the case may be;
2. make available (whether in writing or in any other form and whether by sale or otherwise) information relating to the Company and its functions;
3. to occupy, use and control any land or building owned or held under lease by any other person made available to the Company;
4. acquire, hold and dispose of real and personal property;
5. lease the whole or any part of any land or building for the purpose of the Company;
6. occupy, use and control any other land or building owned or held under lease by any other person and made available to the Company;
7. enter into contracts;
8. erect buildings;
9. employ managers and other staff to implement the objects of the Company and pay such fees, salaries, emoluments and expenses as the Board considers reasonable to such persons;
10. purchase or take on hire, or to accept as a gift or on deposit or loan, and to dispose of or otherwise deal with furnishings, equipment and other goods;
11. act as trustee of moneys or other property vested in the Company on trust; and
12. do anything incidental to any of the Company’s objects.

3.3 Notwithstanding anything contained in this Constitution, any money or other property held by the Company on trust or accepted by the Company subject to a condition, will not be dealt with except in accordance with the obligations of the Company as trustee or as the person who has accepted the money or other property subject to the condition, as the case may be.

3.4 It is intended that the public will contribute to the Gift Fund and the Company will invite the general public to make gifts to the Gift Fund for the purpose of carrying out the objects of the Company.

4 GIFT FUND

a. The Company must, if required under the Tax Act, establish and maintain, for the specific purposes set out in clause 2, the Gift Fund:

1. to which gifts of money, contributions or property for those purposes must be made;
2. to which any money received by the Company; and
3. that does not receive any other money, contributions or property.

b. The Gift Fund will not be maintained for the purpose of profit or gain to the Members of the Company.

c. All gifts or contributions made to the Gift Fund and any money received because of those gifts or contributions will be applied solely towards the promotion of the objects of the Company set out in clause 2 and no portion of the Gift Fund will be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise by way of profit to the Members of the Company.

d. The Company will maintain a separate bank account for the Gift Fund and must comply with subdivision 30‑BA of the Tax Act with respect to the administration of the Gift Fund.

e. The Gift Fund will be administered by a committee of not less than three persons appointed by the Board, a majority of which must be Responsible Persons. The Gift Fund committee will have the sole responsibility for decisions regarding the use and application of all gifts or contributions made to the Gift Fund and any money received because of those gifts or contributions for the objects set out in clause 2.

f. In accordance with the Tax Act, receipts issued for gifts must state:

1. the name of the Company and Gift Fund;
2. the ABN applicable to the Company;
3. the date the gift is received;
4. the fact that the receipt is for a gift;
5. the name of the donor; and
6. the amount of the gift.

g. Clauses 4(b) to 4(f) (both inclusive) apply only if the Company is required to establish a Gift Fund by the Tax Act or if determined by the Board.

5 MEMBERSHIP AND ELIGIBILITY

5.1 First Members

Each person who has consented to become a Member on registration of the Company under the Corporations Act is a Member on registration of the Company and their name must be entered on the Register.

5.2 Number and classes of Membership

1. Subject to this Constitution and the Corporations Act, there must be at least one Member.
2. The Board may, from time to time, prescribe a maximum number of Members.
3. The Members will comprise such class or classes of Membership established by the Board, from time to time, in accordance with clause 5.2(d).
4. The Board may, from time to time but subject to clauses 6.2 and 6.3, establish different classes of Membership and may prescribe the qualifications, rights and privileges of persons admitted to Membership in, or transferred into, such classes of Membership.

5.3 Admission to Membership

1. A person who is not a Member of the Company at the date of registration of the Company will not be admitted to Membership unless:
   ___i. the person applies for Membership in accordance with clause 5.3(b); and
   ___ii. the person’s admission as a Member is approved by the Board.
2. Each application for membership must:
   ___i. be in writing, in the form prescribed by the Board, and signed by the applicant;
   ___ii. specify the class of Membership sought and such other particulars as the Board may either generally or, in a particular case, require;
   ___iii. contain, or be accompanied by, the undertaking referred to in clause 5.6 and
   ___iv. be delivered with payment for the first year’s Subscription to the Secretary at the Office.
3. As soon as practicable after receipt of an application referred to in clause 5.3(b) the Secretary must refer the application to the Board who will then determine, in their absolute discretion, whether to approve or to reject the application.
4. The Directors do not need to give a reason for rejecting an application for Membership.
5. If an application is approved by the Board, the Secretary must, as soon as practicable notify the applicant, and where relevant its representative, in writing that the applicant has been approved for Membership.
6. The Secretary must, within 28 days after the later of approval by the Board and receipt of the amounts referred to in clause 5.4, enter the applicant’s name in the Register and, if the applicant is not a natural person, the representative’s name.
7. If an application has been rejected by the Board, the Secretary must, as soon as practicable:
   ___i. notify the applicant in writing that the applicant’s application has been rejected; and
   ___ii. return to the applicant the first year’s Subscription (if any) which accompanied the application.
8. An applicant for Membership becomes a Member and is entitled to exercise the rights of Membership when the applicant’s name is entered into the Register.

5.4 Subscription

1. Subject to the following provisions of this clause 5.4, the Board will determine the Subscription payable by Members in each Membership Year and that Subscription can vary between Members and classes of Members.
2. If the first Membership Year applicable to the person seeking admission to Membership is comprised of less than 365 days, the first year’s Subscription payable by that person is to be apportioned according to the number of days remaining in that Membership Year.
3. The Subscription is to be paid by each Member, in advance at the commencement of each financial year, by delivery to the Secretary, or to such other person or in such other manner as the Board determines, from time to time.

5.5 Representatives of Members

1. A person seeking admission to Membership who is not a natural person must appoint one or more natural persons to be its representative but only one representative may exercise the Member’s powers at any one time.
2. The appointment must set out what the representative is appointed to do and may set restrictions on the representative’s powers.
3. If the appointment does not set any restrictions on the representative’s powers the representative may exercise on the Member’s behalf all of the rights and powers of the Member except the power to appoint and remove a representative.
4. An appointment for the purpose of clause 5.5(a) must:
   ___i. be in writing;
   ___ii. include the name of the representative;
   ___iii. be signed or executed by the body corporate or entity seeking Membership;
   ___iv. be delivered to the Secretary, or to such other person as the Board determines, from time to time; and
   ___v. accompany the application referred to in clause 5.3(b).
5. A representative may be removed or replaced by written notice to the Secretary, signed or executed by the body corporate or entity which appointed that representative.
6. If the body corporate or entity which appointed a representative gives notice to the Secretary that it wishes its representative to be removed or replaced (for whatever reason), the Secretary will, as soon as practicable, make the appropriate entries in the Register.

5.6 Undertaking

1. Every Member must provide a written undertaking in accordance with clause 5.6(b).
2. Every Member undertakes to contribute to the property of the Company if the Company is wound up while the Member is a Member, or within one year after the Member ceases to be a Member, for payment of the debts and liabilities of the Company (contracted before the Member ceases to be a Member) and of the costs, charges and expenses of winding up and for the adjustment of the rights of the contributors among themselves such amount as may be required, not exceeding, in any event, $10 per Member.

5.7 GST

1. All payments that are required to be made by a Member under this Constitution (including but not limited to Subscriptions) are exclusive of GST.
2. If any payment referred to in clause 5.7(a) is for, or is in connection with, a supply made by the Company under this Constitution on which the Company is liable to pay GST, then such payment will be increased by the prevailing rate of that GST and the Member will pay that increased amount to the Company at the same time and in the same manner as all other payments required to be made.
3. The Company must issue to the Member a tax invoice for the increased amount referred to in clause 5.7(b) within 14 days from the date that the increased amount is required to be paid by the Member.

6 RIGHTS OF MEMBERS

6.1 Rights and privileges

1. Subject to this Constitution, the Members are entitled to all the rights and privileges of Membership of the Company.
2. A right, privilege, or obligation of a person by reason of the person’s Membership:
   ___i. is not capable of being transferred or transmitted to another person; and
   ___ii. terminates on cessation of Membership whether by death or resignation or otherwise as set out in clause 9.

6.2 Variation of Rights

If at any time the Directors exercise the powers under clause 5.2(d), the rights, restrictions or obligations of Members or any class of Members may be varied with either:

1. the written consent of not less than 75% of the existing Members; or
2. the sanction of a special resolution passed at a separate general meeting of the existing Members.

6.3 Effect of new class of Membership

If the Board establishes a new class of Membership that has the same rights, restrictions or obligations as an existing class of Membership, the establishment of that new class of Membership is not treated as a variation of the rights attaching to that class.

7 REGISTER OF MEMBERS

7.1 Information in Register

The Secretary must keep and maintain a Register containing:

1. the name and address of each Member;
2. the date on which each Member’s name was entered in the register;
3. in the case of a Member who is not a natural person, the name and address of its authorised representative;
4. the class of Membership; and
5. any other information which the Board considers necessary.

7.2 Inspection and copies

Subject to the Corporations Act:

1. the Register will be made available for inspection, free of charge, to any Member on request;
2. a Member may make a copy of entries in the Register; and
3. information that is accessed from the Register must only be used in a manner relevant to the interests or rights of Members.

8 DEFAULT BY MEMBERS

a. If a Member is required to pay a Subscription in any Membership Year and fails to pay the Subscription, in whole or in part, in any Membership Year for more than 60 days after the due date for payment:

1. all of the rights and privileges of that Member will be automatically suspended until the Subscription, or such part which is payable and remains outstanding, is paid or until the Member’s Membership has been determined in accordance with clause 8(b); and
2. the Secretary will give notice to that Member requiring payment of the Subscription, or such part of the Subscription which is payable and remains outstanding.

b. If any Member fails to pay the Subscription in accordance with clause 8(a), or any part which is payable and remains outstanding for more than 60 days after service of the notice to the Member in accordance with clause 8(a)(ii), the Member will automatically cease to be a Member pursuant to clause 9 and the Secretary must notify that Member accordingly.

9 CESSATION OF MEMBERSHIP

9.1 Ceasing to be a Member

A person ceases to be Member of the Company if:

1. the person resigns as provided in clause 10.1;
2. the person dies;
3. the person is not a natural person and they are wound up, deregistered or otherwise dissolved;
4. the person has not responded within three months to a written request from the Secretary that they confirm in writing that they want to remain a Member; or
5. the provisions of clauses 8(a) and 8(b) or the succeeding provisions of this clause 9 become applicable to that Member.

9.2 Continuuing liability

A Member who resigns continues to be liable for any Subscription and all arrears due and unpaid at the date of the Member’s resignation and for all other amounts due by the Member to the Company and for any sum not exceeding $10 for which the Member may become liable as a Member under clause 5.6(b).

9.3 Power to censure, fine, suspend or expel

a. If any Member:

1. fails to comply with this Constitution; or
2. fails to comply with any of the rules, regulations or by-laws of the Company; or
3. engages in conduct which, in the opinion of the Directors, is unbecoming of a Member or prejudicial to the interests of the Company or its Members,

the Board may, subject to clause 9.3(b), by resolution of the Directors (the “First Resolution”) censure, fine, suspend or expel that Member.

b. A First Resolution under clause 9.3(a) does not take effect unless the Board, at a meeting held not earlier than 14 days and not later than 21 days after the service on the Member of a notice in accordance with clause 9.3(c), confirms the First Resolution in accordance with clause 9.3(d); and

c. Where the Directors pass a First Resolution in accordance with clause 9.3(a), the Secretary must, as soon as practicable, serve on the Member, a notice in writing:

1. setting out the First Resolution and the grounds on which it is based;
2. stating that the Member may address the Board at a meeting to be held not earlier than 14 days and not later than 21 days after service of the notice;
3. stating the date, place and time of that meeting;
4. informing the Member that the Member may:
   ___A. attend the meeting; or
   ___B. give to the Board, before the date of the meeting, a written statement seeking revocation of the First Resolution.

d. At a meeting of the Directors held in accordance with clause 9.3(c), the Board must:

1. give the Member, or a person nominated by the Member, an opportunity to be heard; and
2. give due consideration to any written statement submitted by, or on behalf of, the Member; and
3. by resolution, determine whether to:
   ___A. confirm the First Resolution;
   ___B. revoke the First Resolution with or without a warning;
   ___C. refer the decision to an unbiased, independent person on conditions that the Board considers appropriate (however, the independent person can only make a decision that the Directors could have made under this clause); or
   ___D. require the matter to be determined at a general meeting of Members.

e. If the Directors confirm the First Resolution it will be effective immediately and the Secretary must notify the Member of the confirmation as soon as possible after the date of the meeting of the Directors.

f. At a general meeting of the Members called in accordance with clause 9.3(d)(iii)(D):

1. no business other than the question of the appeal shall be transacted;
2. the Directors may place before the meeting details of the grounds for the First Resolution and the reasons for the passing of the First Resolution;
3. the Member, or a person nominated by the Member, must be given an opportunity to be heard; and
4. the Members Present must vote by secret ballot on the question whether the First Resolution should be confirmed or revoked.

g. If at a general meeting called in accordance with clause 9.3(d)(iii)(D):

1. a majority of the Members Present and voting, vote in favour of the confirmation of the First Resolution, the First Resolution will stand confirmed and will be effective immediately; and
2. in any other case, the First Resolution will be revoked.

h. No Member is entitled to vote at any general meeting called in accordance with clause 9.3(d)(iii)(D) unless all amounts then due and payable to the Company by that Member have been paid.

10 RESIGNATION OF MEMBER

10.1 A Member may resign from the Company by first giving the Secretary written notice of one month, or such other notice period as is agreed by the Board, of the Member’s intention to resign and on the expiration of that period of notice, the Member will cease to be a Member.

10.2 On expiry of notice under clause 10.1, the Secretary will:

1. repay to the Member the proportion of the Subscription received by the Company referable to the unexpired term of the Membership Year; and
2. make an entry in the Register recording the date on which the Member ceased to be a Member.

11 GENERAL MEETINGS

11.1 General meetings

A general meeting is a meeting of the Members of the Company held in accordance with this Constitution and the Applicable Act and includes the AGM.

11.2 AGM

a. The Company will hold an AGM in accordance with this Constitution and the Applicable Act:

1. within 18 months after registration of the Company; and
2. after the first AGM, at least once in every calendar year.

b. To the extent applicable to the Company, the business of the AGM may include:

1. the appointment of the Directors;
2. the consideration of the financial reports of the Company, the Directors’ report and the auditor’s report; and
3. such other business as may be properly transacted at the AGM.

c. The Chairperson of the AGM must allow a reasonable opportunity for the Members as a whole at the meeting to ask questions about or make comments on the management of the Company.

11.3 Calling

a. The Board may call a general meeting at any time.

b. The Board must call and arrange to hold a general meeting on the written request of Members with at least 5% of the votes that may be cast at the general meeting and must:

1. within 21 days of the Members’ request being given to the Company, give notice of a general meeting; and
2. hold the general meeting within two months of the Members’ request.

c. The percentage of votes that Members have is to be worked out as at midnight before the Members request the meeting.

d. The Members who make the request for a general meeting must:

1. provide the request in writing;
2. state in the request any resolution to be proposed at the meeting;
3. sign the request; and
4. give the request to the Company.

e. Separate copies of a document setting out the request may be signed by Members if the wording of the request is the same in each copy.

11.4 General meetings called by members

a. If the Directors do not call a meeting within 21 days of being requested under clause 11.3, 50% or more of the Members who made the request may call and arrange to hold a general meeting.

b. To call and hold a meeting the Members must:

1. as far as possible, follow the procedures for general meetings set out in this Constitution;
2. call the meeting using the list of members of the Company’s Register; and
3. hold the general meeting within three months after the request was given to the Company.

c. The Company must pay the Members who request the general meeting any reasonable expenses they incur because the Directors did not call and hold the meeting.

11.5 Members’ Resolutions and Members’ Statements

a. Subject to the Applicable Act, Members may:

1. propose to move a Members’ Resolution at a general meeting by providing written notice to the Company; or
2. request the Company give the members a Members’ Statement about a proposed resolution or any other matter that may properly be considered at a general meeting.

b. A notice of a Members’ Resolution must set out the wording of the proposed resolution and be signed by the Members proposing the resolution, who must have at least 5% of the votes that may be cast at a general meeting.

c. A request to distribute a Members’ Statement must set out the statement to be distributed and be signed by the Members making the request, who must have at least 5% of the votes that may be cast at a general meeting.

d. Separate copies of a document may be used for signing by Members if the wording of the notice or request is identical in each copy.

e. The percentage of votes that Members have is to be worked out at midnight before the request or notice is given to the Company.

f. If the Company has been given notice of a Members’ Resolution under clause 11.5(a)(i), the resolution must be considered at the next general meeting held more than two months after the notice is given.

g. The Company need not comply with the notice or request if:

1. it is more than 1000 words long;
2. the Directors consider it may be defamatory;
3. clause 11.6(d)(ii) applies, and the Members who proposed the resolution or made the request have not paid the Company enough money to cover the cost of sending the notice of the proposed Members’ Resolution or a copy of the Members’ Statement to Members; or
4. in the case of a proposed Members’ Resolution, the resolution does not relate to a matter that may be considered at a general meeting or is otherwise not a valid resolution able to be put to the Members.

h. This clause does not limit any other right that a Member has to propose a resolution at a general meeting.

11.6 Notice

a. At least 21 days written notice of a general meeting must be given to:

1. each Member who is entitled to vote;
2. each Director;
3. any auditor of the Company; and
4. any other person required by law.

No other person is entitled to receive notice of a general meeting.

b. Subject to clause 11.6(a) and the Applicable Act, notice of a meeting may be provided less than 21 days before the meeting if:

1. for an annual general meeting, all the Members entitled to attend and vote at the annual general meeting agree beforehand; and
2. for any other general meeting, Members within at least 95% of the votes that may be cast at the meeting agree beforehand.

c. Subject to the Applicable Act, notice of a meeting cannot be provided less than 21 days before the meeting if a resolution will be moved to:

1. remove a Director;
2. appoint a Director in order to replace a Director who was removed; or
3. remove an auditor.

d. If the Company has been given a notice or request under clause 11.5:

1. in time to send the notice of proposed Members’ Resolution or a copy of the Members’ Statement to Members with a notice of meeting, it must do so at the Company’s cost;
2. too late to send the notice of proposed Members’ Resolution or a copy of the Members’ Statement to Members with a notice of meeting, then the Members who proposed the resolution or made the request must pay the expenses reasonably incurred by the Company in giving Members notice of the proposed Members’ Resolution or a copy of the Members’ Statement. However, at a general meeting, the Members may pass a resolution that the Company will pay these expenses.

11.7 Content of notice

A notice of a general meeting must:

1. set out the place, date and time for the meeting (and, if the meeting is to be held in two or more places, the technology that will be used to facilitate this);
2. state the general nature of the meeting’s business;
3. if a special resolution is to be proposed at the meeting, set out an intention to propose the special resolution and the special resolution itself; and
4. contain a statement specifying that:
   ___i. the Member has a right to appoint a proxy;
   ___ii. the proxy must be a Member; and
   ___iii. a Member entitled to cast two or more votes may appoint two proxies and may specify the proportion or number of votes each proxy is appointed to exercise.

11.8 Failure to give notice

The failure or accidental omission to send notice of a general meeting to, or the non-receipt of a notice by, any person entitled to notice does not invalidate the proceedings or any resolution passed at the meeting.

11.9 Postponement or cancellation or change of general meeting

Subject to the Applicable Act, the Board may at any time prior to the time at which a general meeting is to be held, postpone or cancel any general meeting or change the place of any general meeting. Any such postponement, cancellation or change must be communicated to each Member of the Company and each other person to whom notice was given, in any manner permitted under clause 28.

11.10 Resolutions without general meetings

1. Subject to the Applicable Act, the Company may pass a resolution without a general meeting being held if all the Members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.
2. Separate copies of a document may be used for signing by Members if the wording of the resolution and statement is identical in each copy. The resolution is passed when the last Member signs.

12 PROCEEDINGS AT GENERAL MEETINGS

12.1 Quorum

1. No business may be transacted at an AGM or any other general meeting unless a quorum is Present at the time when the meeting proceeds to business.
2. A quorum consists of two Members entitled to vote at the meeting, unless the Company only has one Member entitled to vote at the meeting, in which case the quorum is one.
3. Each individual present at a general meeting may only be counted once toward a quorum. If a Member has appointed more than one proxy, attorney or representative, only one of them may be counted towards a quorum.

12.2 Use of technology

1. General meetings can be held using audio or audio-visual technology.
2. If a general meeting is held by audio or audio-visual technology:
   ___i. a Member is treated as Present if the Member is able to hear and be heard by all others attending; and
   ___ii. unless the Chairperson is notified that a Member is leaving the meeting, the Member will be assumed to have been Present for the duration of the meeting.

12.3 Quorum not present

If a quorum is not present within 15 minutes after the time appointed for a general meeting:

1. if the meeting was convened at the request of Members, it is automatically dissolved; and
2. in any other case:
   ___i. it will stand adjourned to the same time and place on the fifth business day after the meeting; and
   ___ii. if a quorum is not present within 15 minutes from the time appointed for the adjourned meeting, the Members Present (being not less than two) will comprise a quorum.

12.4 Chairing meetings

The Chairperson (or, in the Chairperson’s absence, the Deputy Chairperson) will chair every meeting of the Members. If:

1. there is no Chairperson or Deputy Chairperson;
2. neither the Chairperson nor the Deputy Chairperson is present within 15 minutes after the time appointed for holding the meeting; or
3. both the Chairperson and the Deputy Chairperson are unwilling to act as chair of the meeting,

the Members Present and entitled to vote will elect a Member or Director to chair the meeting.

12.5 Function of Chairperson

The Chairperson of a general meeting is responsible for the general conduct and procedures to be adopted at the meeting.

12.6 Adjournment by Chairperson

The Chairperson of a general meeting at which a quorum is present

1. may, with the consent of the meeting; and
2. must, if directed by resolution of the meeting,

adjourn the meeting to another time and place.

12.7 Adjourned meeting

The only business that can be transacted at an adjourned meeting is the unfinished business of the initial meeting. Notice of the adjourned meeting must be given if the meeting is adjourned for one month or more.

12.8 Show of hands

Unless a poll is demanded under clause 12.10:

1. a resolution put to a vote at a general meeting must be decided on a show of hands; and
2. a declaration by the Chairperson that a resolution has been carried, carried by a particular majority or lost and an entry to that effect in the minutes of the meeting will be conclusive evidence of that fact without proof of the number or proportion of votes recorded in favour or against the resolution.

12.9 Majority vote

A resolution of Members must be passed by a majority of the votes cast by Members entitled to vote on the resolution unless otherwise required under the Applicable Act or this Constitution.

12.10 Demanding a poll

Either before or on declaration of the result of a show of hands, a poll may be demanded by:

1. the Chairperson;
2. at least 50 % of Members entitled to vote on the resolution; or
3. Members with at least 50 % of the votes that may be cast on the resolution on a poll.

The demand for a poll does not affect the continuation of the meeting for the transaction of other business and may be withdrawn.

12.11 When and how polls must be taken

A poll will be taken when and in the manner the Chairperson directs, except for:

1. a poll demanded on the election of a Chairperson; or
2. a poll demanded on the adjournment of a meeting,

which must be taken immediately. The result of the poll will be the resolution of the meeting at which the poll was demanded.

12.12 Equal number of votes

If an equal umber of votes is cast for and against a resolution:

1. the Chairperson does not have a casting vote in addition to the Chairperson’s vote as a Member, proxy, attorney or representative; and
2. the resolution is not passed.

13 VOTING AT GENERAL MEETINGS

13.1 Number of votes

Subject to this Constitution and any rights or restrictions imposed on or attached to a class of Membership, every Member who is Present at a general meeting and entitled to vote on a show of hands and on a poll, has one vote.

13.2 Voting by guardians

Subject to the Applicable Act, if the Board is satisfied at least 24 hours before the time fixed for a general meeting that a person has the power to manage a Member’s property under a law relating to the management of property of the mentally incapable, that person may vote and exercise any other rights in relation to the general meeting as if it were the Member entered on the Register and the Board must not count the vote of the actual registered Member.

13.3 Unpaid Subscription

A Member is not entitled to vote at a general meeting if any Subscription owing by that Member is in arrears at the date of the meeting.

13.4 Objections

An objection to the qualification of any voter:

1. may only be raised at the meeting or adjourned meeting at which the voter tendered its vote; and
2. must be determined by the Chairperson, whose decision, if made in good faith, will be final and conclusive.

A vote that the Chairperson does not disallow pursuant to an objection is valid for all purposes.

14 PROXIES, ATTORNEYS AND REPRESENTATIVES

14.1 Proxies

A Member entitled to attend and vote at a general meeting may appoint a proxy to attend and vote for the Member at the meeting. A proxy must be an individual.

14.2 Number of proxies

A Member entitled to one vote at a general meeting may appoint one proxy. A Member entitled to more than one vote may appoint no more than two proxies.

14.3 Proportion of votes exercisable by proxies

If a Member appoints two proxies, the appointment may specify the proportion or number of the Member’s votes each proxy may exercise. If the appointment does not specify this, each proxy may exercise half of the votes and any fractions of votes will be disregarded.

14.4 Rights of proxies

Subject to this Constitution and the proxy’s terms of appointment, a proxy has the same rights as the appointing Member to speak at a general meeting, to vote and to join in and demand a poll.

14.5 Voting rights of proxies

A proxy mavote either on a show of hands or a poll. If a proxy’s appointment specifies the way in which the proxy must vote, the proxy must follow those instructions.

14.6 Attorneys

A Member may appoint an attorney to act for the Member at general meetings or to appoint a proxy to act for the Member at general meetings.

14.7 Rights of attorneys

Unless restricted by the terms of appointment or the Applicable Act, an attorney may exercise the same powers on the Member’s behalf that the Member could exercise at a general meeting or in voting on a resolution.

14.8 No membership requirement

A proxy, attorney or representative may be, but need not be, a Member.

14.9 Standing appointments

A Member may appoint a proxy or attorney to act at a particular general meeting or make a standing appointment. A Member may revoke any appointment.

14.10 Instrument of appointment of proxies

The instrument of appointment of a proxy must be in a written form approved by the Board and must be signed or executed:

1. if the appointing Member is an individual, by the appointing Member or that Member’s attorney; and
2. if the appointing Member is a body corporate, by the body corporate’s representative or attorney.

14.11 Instrument of appointment of attorneys and representatives

The instrument of appointment of an attorney must be in a written form and must consist of a valid power of attorney signed by the appointing Member in the presence of at least one witness.

14.12 Company must receive appointments

The appointment of a proxy, attorney or representative is only effective in relation to a general meeting if the Company receives the instrument effecting the appointment and any additional documents required by clause 14.14:

1. in the case of a proxy or attorney, at least 48 hours before the time for holding the meeting or adjourned meeting (unless the notice of meeting specifies a shorter time period); and
2. in the case of a representative, before the commencement of the meeting or adjourned meeting.

14.13 Definition of receipt

The Company receives the documents referred to in clause 14.12 when they are received:

1. at the Office;
2. at a fax number at the Office;
3. at a place, fax number or electronic address specified in the notice of meeting; or
4. if the notice of meeting specifies other electronic means by which a Member may give the documents, by those means in accordance with the Applicable Act.

14.14 Additional documents

If an appointment purports to be executed under a power of attorney or other authority, the original power or authority or a certified copy of it must be received by the Company along with the appointment.

14.15 Chairperson may declare appointment valid

If:

1. the instrument of appointment of a proxy, attorney or representative does not comply with the terms of this Constitution; or
2. the appointment and any additional documents are not received by the Company in accordance with the terms of this Constitution,

the appointment will be treated as invalid unless the Chairperson declares otherwise.

14.16 Adjourned meetings

An appointment of a proxy, attorney or representative for a particular general meeting is valid at the adjourned meeting.

14.17 Rights of proxies and attorneys if Member present

A proxy or attorney has no power to act for a Member at a general meeting at which the Member is present in person or, in the case of a body corporate, by representative. A proxy has no power to act for a Member at a general meeting at which the Member is present by attorney.

14.18 Priority of conflicting appointments

The following rules govern conflicting appointments:

1. an appointment of a proxy is revoked (or suspended for the particular general meeting if a standing appointment) if the Company receives a further proxy appointment that would result in the Member having more proxies than the Member is entitled to under clause 14.2;
2. the proxy appointment made first in time under clause 14.18(a) is the first to be treated as revoked or suspended under that clause; and
3. if more than one attorney or representative appointed by a Member is present at a general meeting and the Company has not received notice of revocation of any of the appointments:
   ___i. an attorney or representative appointed to act at that particular meeting may act to the exclusion of an attorney or representative appointed under a standing appointment; and
   ___ii. subject to clause 14.18(c)(i), the more recently appointed attorney or representative may act to the exclusion of an attorney or representative appointed earlier in time.

14.19 Continuing authority

A vote cast by a proxy, attorney or representative at a general meeting will be valid even if, before the vote, the appointing Member:

1. dies or becomes mentally incapacitated; or
2. revokes the appointment or the authority under which the appointment was made by a third party,

unless the Company has received written notification of the matter before the start or resumption of the meeting.

15 DIRECTORS

15.1 Number

1. The Company will have at least four Directors, unless otherwise provided by the Corporations Act.
2. Subject to 15.1(a) the Members may fix the maximum number of Directors and increase or reduce that number by resolution passed in general meeting.

15.2 Initial Directors

The initial Directors are the people who have agreed to act as Directors and who are named as proposed Directors in the application for registration of the Company.

15.3 No Membership requirement

A Director may be, but need not be, a Member.

15.4 Other positions

A Director may simultaneously hold any other office or position in the Company on terms determined by the Board.

15.5 Meetings of Members

A Director is entitled to notice of, and to attend, all general meetings.

16 APPOINTMENT AND REMOVAL OF DIRECTORS

16.1 Appointment by Members

1. The Members may appoint a Director by resolution passed in general meeting.
2. Each of the Directors must be appointed by a separate resolution, unless:
   ___i. the Members present have first passed a resolution that the appointments may be voted on together; and
   ___ii. no votes were cast against that resolution.
3. A person is eligible for appointment as a Director of the Company if they:
   ___i. are nominated by an existing Member of the Company;
   ___ii. meet any eligibility requirements identified by the Board prior to the nomination of the candidate;
   ___iii. give the Board their signed consent to act as a Director of the Company; and
   ___iv. are not ineligible to be a Director under an Applicable Act.
4. The Members can make further rules in relation to the appointment of Directors, provided those rules are not inconsistent with this Constitution.

16.2 Removal and rotation of Directors

Subject to clause 15.1, the Company may by resolution passed in general meeting:

1. remove a Director from office;
2. determine any rotation and retirement policies for Directors.

16.3 Casual vacancy or addition to the board

The Board may appoint a person to be a Director at any time either to fill a casual vacancy or as an addition to the existing Directors, but the total number of Directors must not exceed any maximum number.

A Director appointed to fill a casual vacancy in accordance with clause 16.3(a) will hold office for the remainder of the term of office of the Director whose office has become vacant and will be eligible for re-appointment in accordance with this Constitution at the end of that term.

16.4 Term of office

Subject to clause 16.5 and the terms of any agreement between the Company and the relevant Director, a Director holds office for a period of 3 years but is eligible for re-appointment by Members for a maximum of two additional 3 years terms.

16.5 Cessation of appointment

A person automatically ceases to be a Director if:

1. the person is not permitted or eligible under the Applicable Act (or an order made under the Applicable Act) to be a Director;
2. the person is a representative of a Member and that Member stops being a Member;
3. the person is a representative of a Member and the Member notifies the Company that the representative is no longer a representative;
4. the person becomes bankrupt or enters into or becomes subject to any arrangement or composition with creditors;
5. the person becomes mentally incapable or a person whose estate or property is liable to be dealt with in any way under any law relating to mental health;
6. the person resigns by notice in writing to the Company;
7. the person is removed from office under clause 16.2;
8. the person dies; or
9. the term for which the person was appointed expires.

17 ALTERNATES

17.1 Appointment

With the approval of the Board, a Director may appoint an Alternate to act in the appointing Director’s place for a specified period and may terminate that appointment at any time.

17.2 No membership requirement

An Alternate may be, but need not be, a Member.

17.3 Powers and duties

An Alternate is entitled to the same rights and powers as a Director while acting in that capacity (including the right to receive notice of and to attend and vote at Directors’ meetings) and is subject to the same duties.

17. 4 Cessation of appointment

An Alternate’s appointment ceases if:

1. the appointing Director terminates it;
2. the appointing Director ceases to be a Director; or
3. an event occurs that would cause the Alternate to cease to be a Director under clause 16.5 if the Alternate were a Director.

17.5 Written notice

The appointment of an Alternate or its termination by the appointing Director is only effective when it is in writing signed by the appointing Director and a copy is given to the Company.

18 BOARD POSITIONS

The Board will from time to time appoint a Chairperson, Deputy Chairperson and Treasurer.

19 REMUNERATION OF DIRECTORS

19.1 Honorary

The Company must not pay fees to a Directors for acting as a Director.

19.2 Expenses

The Company may pay Directors all reasonable travelling and other expenses properly incurred:

1. in attending Board meetings or any meetings of committees of Directors;
2. in attending any general meetings of the Company; and
3. in connection with the Company’s business.

19.3 Extra services

The Company may:

1. Remunerate a Director for performing any extra services or making special exertions (including going or living away from the Director’s usual residential address) at the request of the Board and for the purposes of the Company; and
2. pay a Director if they are engaged to work for the Company other than as a Director.

19.4 Board approval

All payments to Directors under clause 19.2 and 19.3 must be approved by the Board.

20 POWERS AND DUTIES OF DIRECTORS

20.1 Management of the Company

The business of the Company will be managed by the Board. The Board may exercise all the powers of the Company except any powers that are required by this Constitution or the Applicable Act to be exercised by the Company in general meeting.

20.2 Specific powers

Without limiting the generality of clause 20.1, the Board may exercise all the powers of the Company to:

1. borrow money;
2. grant Security Interests in relation to any of the Company’s property or business to secure any debt, liability or obligation of the Company or any other person;
3. guarantee, indemnify or otherwise become liable for the payment of money or the performance of any obligation by or of any other person; and
4. pay out of the Company’s funds all expenses of the promotion, formation and registration of the Company and the vesting in it of the assets acquired by the Company,

on any terms determined by the Board.

20.3 Duties under the Applicable Act

A Director must comply with the Applicable Act and fulfil any duties prescribed in the Applicable Act and the common law including:

1. reasonable care and diligence;
2. good faith and proper purpose;
3. proper use of position;
4. proper use of information;
5. disclosure of any material personal interest in the manner set out in clause 20.5.
6. responsible management of financial affairs; and
7. not to allow the Company to trade while insolvent.

20.4 No disqualification

A Director is not disqualified by reason only of being a Director from:

1. holding any office, place of profit or position of employment with the Company;
2. acting in a professional capacity for the Company;
3. being a member or creditor of any corporation (including the Company) or partnership; or
4. entering into any agreement or arrangement with the Company.

20.5 Disclosure of interests

If required by the Applicable Act, a Director must disclose to the Board any material personal interest the Director has in a matter relating to the affairs of the Company. The Secretary must record details of any such disclosures in the minutes of the relevant Board meeting.

20.6 Voting if Director has an interest

1. A director who has a material personal interest in a matter being considered at a Board meeting must not, except as provided under this clause 20.6:
   ___i. be present at the Board meeting while the matter is being discussed; or
   ___ii. vote on the matter.
2. A director may still be present, counted towards quorum and vote if:
   ___i. their interest arises because they are a Member of the Company, and the other Members have the same interest;
   ___ii. their interest relates to an insurance contract that insures, or would insure, the Director against liabilities that the Director incurs as a Director of the Company (see clause 30);
   ___iii. their interest relates to a payment by the Company under clause 30, or any contract relating to an indemnity that is allowed under the Corporations Act;
   ___iv. the regulator under the Applicable Act makes an order allowing the Director to vote on the matter; or
   ___v. the Directors who do not have a material personal interest in the matter pass a resolution that:
   ______A. identifies the Director, the nature and extent of the Director’s interest in the matter and how it relates to the affairs of the Company; and
   ______B. states that those Directors are satisfied that the interest should not prevent the Director from being present or voting.
3. Subject to clause 20.6(b) any transactions that relate to the interest may proceed and the Director may participate in the execution of any relevant document; and if disclosure is made before the transaction is entered into:
   ___i. the Director may retain benefits under the transaction; and
   ___ii. the Company cannot avoid the transaction merely because of the existence of the interest.

20.7 Confidentiality

Every Director and other agent or officer of the Company must:

1. keep the transactions and affairs of the Company confidential, except:
   ___i. to the extent necessary to enable the person to perform his or her duties to the Company;
   ___ii. as required by the Board or the Company in general meeting; and
   ___iii. as required by law.
2. if requested by the Board, sign a confidentiality undertaking consistent with this clause.

21 DELEGATION OF DIRECTORS’ POWERS

21.1 Power to delegate

The Board may delegate any of its powers to:

1. a committee;
2. a Director;
3. an employee or adviser of the Company; or
4. an attorney.

21.2 Terms of delegation

A delegation of powers under clause 21.1 may:

1. be made for a specified period or without specifying a period;
2. be made on the terms (including the power to delegate further) and subject to any restrictions that the Board determines; and
3. may contain provisions for the protection and convenience of those who deal with the delegate that the Board thinks appropriate.

21.3 Delegate to comply with directions

A delegate under clause 21.1 must exercise its powers subject to any direction from the Board.

21.4 Board may revoke delegation

The Board may revoke a delegation of its powers at any time.

21.5 Advisory committee

1. The Board may establish one or more advisory committees comprising such persons as the Board thinks fit. A member of an advisory committee may, but need not be, a Director or Member.
2. An advisory committee will act in an advisory capacity only and in the exercise of the powers delegated in accordance with this clause 21, conform to any direction from the Board.

21.6 Proceedings of advisory committee

Subject to the terms on which power is delegated to any committee and any directions from the Board:

1. a committee is free to determine the rules that regulate its meetings and proceedings; and
2. in the absence of such a determination, the rules will be the same as those that govern Board meetings in this Constitution, so far as they are applicable,

and the Board may change any of the powers, duties and functions of a committee, may remove any member of a committee or dissolve a committee at any time.

22 BOARD MEETINGS

22.1 Procedure

Subject to this Constitution and the Corporations Act, the Board may meet, adjourn and otherwise regulate its meetings as it determines. The Board may invite any other person it considers necessary or appropriate to attend and speak at any meeting but that person is not entitled to vote.

22.2 Calling

A minimum of four Board meetings will be held per year. A Director may at any time, and the Secretary must on request from a Director, convene a Board meeting.

22.3 Notice

Each Director must be given reasonable notice of a Board meeting or the resumption of an adjourned Board meeting. Notice may be given in any manner determined or adopted by the Board from time to time.

22.4 Use of technology

1. A Board meeting can be held using audio or audio-visual technology.
2. If a Board meeting is held by audio or audio-visual technology:
   ___i. a Director is treated as present if the Director is able to hear and be heard by all others attending; and
   ___ii. unless the Chairperson is notified that a Director is leaving the meeting, the Director will be assumed to have been present for the duration of the meeting.
3. A minute certified by the Chairperson of such a meeting will be conclusive evidence of the proceedings at that meeting and the observance of all necessary formalities.

22.5 Quorum

The quorum necessary for the transaction of business at a Board meeting is four Directors unless the Board determines a greater number. A quorum must be present for the entire meeting.

22.6 Chairperson

The Chairperson (or, in the Chairperson’s absence, the Deputy Chairperson) will chair every meeting of the Board. If:

1. there is no Chairperson or Deputy Chairperson;
2. neither the Chairperson nor the Deputy Chairperson is present within 15 minutes after the time appointed for holding the meeting; or
3. both the Chairperson and the Deputy Chairperson are unwilling to act as chair of the meeting,

the Directors present and entitled to vote will elect a Director to chair the meeting.

22.7 Decisions

A resolution of the Board must be passed by a majority of votes cast by Directors. If an equal number of votes is cast for and against a resolution:

1. the Chairperson does not have a casting vote in addition to the Chairperson’s vote as a Director; and
2. the resolution is not passed.

22.8 Too few directors

The Directors may continue to act even if there are vacancies on the Board. If the number of Directors is reduced below the minimum required under clause 15.1, the continuing Directors may act as a Board only:

1. to convene a general meeting of Members; or
2. in emergencies.

22.9 Written resolutions passed by multiple Directors

The Directors may pass a resolution without holding a Board meeting if all the Directors entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document. Separate copies of a document may be used for signing by Directors if the wording of the resolution and statement is identical in each copy. The resolution is passed when the last Director signs.

22.10 Signing written resolutions

For the purposes of clause 22.9, the Company may accept a copy of a signed document sent by facsimile or electronic means.

22.11 Valid proceedings

Each resolution passed or other thing done by or with the participation of a person acting as a Director or member of a committee is valid even if it is later discovered that:

1. there was a defect in the appointment of the person; or
2. the person was disqualified from continuing in office, voting on the resolution or doing that thing.

23 SECRETARY

23.1 Appointment

Subject to the Corporations Act, the Board must appoint a Secretary who may also be a Director. The appointment may be made for a specified period or without specifying a period and the Board may remove the Secretary from office at any time.

22.2 Terms

The appointment of a Secretary will be on the terms that the Board determines.

22.3 Role of the Secretary

The role of the Secretary includes maintaining the Register and maintaining the Minutes in accordance with clause 24.

22.4 Cessation of appointment

A person automatically ceases to be a Secretary if:

1. the person is not permitted by the Corporations Act (or an order made under the Corporations Act) to be a Secretary;
2. the person becomes bankrupt or enters into or becomes subject to any arrangement or composition with one or more of its creditors;
3. the person becomes mentally incapable or a person whose estate or property is liable to be dealt with in any way under any law relating to mental health;
4. the person resigns by notice in writing to the Company;
5. the person is removed from office under clause 23.1;
6. the person dies; or
7. the term for which the person was appointed expires.

24 MINUTES

24.1 Board must keep minutes

The Board must cause minutes to be kept of:

1. the proceedings and resolutions of meetings of Members and Directors ;
2. the names of Directors present at each meeting of Directors;
3. any resolutions passed by Members or Directors without a meeting;
4. any disclosures or notices of Directors’ interests; and
5. any other matters for which the Applicable Act requires minutes to be kept.

24.2 Minutes must be signed

Minutes must be signed in accordance with the Applicable Act. Minutes of a meeting must be signed within a reasonable time after the meeting by:

1. the Chairperson or the chair of that meeting; or
2. the Chairperson or the chair of the next meeting.

24.3 Minutes as evidence

A minute recorded and signed in accordance with the Applicable Act is evidence of the proceeding, resolution or declaration to which it relates, unless the contrary is proven.

24.4 Access to minutes

The Company must ensure that the minute books for meetings of Members and for resolutions passed by Members without meetings are open for inspection by Members in accordance with the Applicable Act.

25 SEAL AND EXECUTION OF DOCUMENTS

25.1 Common seal

The Board may decide whether or not the Company has a common seal. The Board is responsible for the safe custody of a common seal and any duplicate seals.

25.2 Use of seals

A common seal or duplicate seal may only be used with the authority of the Board.

25.3 Executing documents

Every document to which a common seal or duplicate seal is affixed must be signed by:

1. two Directors or a Director and a Secretary; or
2. any other person or combination of persons appointed by the Board to attest to the fixing of the seal.

If a document is not required at law to be executed under seal, it will be binding on the Company if signed by two Directors or a Director and a Secretary or some other person or combination of persons appointed by the Board for that purpose.

26 ACCOUNTS

26.1 Obligations

In accordance with the Applicable Act the Company must:

1. keep written financial records that:
   ___i. correctly record and explain its transactions and financial position and performance;
   ___ii. enable true and fair financial statements to be prepared and to be audited; and
2. prepare any reports required.

26.2 Inspection

A Member who is not a Director does not have any right to inspect the Company’s financial records except:

1. as authorised by the board on terms determined by the board; or
2. as required by the Applicable Act.

27 AUDIT

The Board must appoint an auditor unless the Members at a general meeting have appointed an auditor or unless otherwise required or permitted by the Applicable Act.

28 NOTICES

28.1 Method

A notice is properly given by the Company to a person if it is:

1. in writing signed on behalf of the Company (by original or printed signature); and
2. either:
   ___i. delivered personally;
   ___ii. sent by post to that person’s registered address or an alternative address nominated by that person; or
   ___iii. sent electronically or by fax to an electronic address or fax number nominated by that person.

28.2 Receipt

A notice given in accordance with clause 28.1 is taken as having been given and received:

1. if hand delivered, on delivery;
2. if sent by prepaid post either:
   ___i. on the day on which the relevant postal service estimates delivery will occur; or
   ___ii. on the first day of the period during which the relevant postal service estimates delivery will occur,
   ___iii. based on the most recent estimate published by the relevant postal service as at the date on which the Notice is sent.
3. if transmitted by e‑mail, on transmission; or
4. if transmitted by facsimile, at the time recorded on the transmission report indicating successful transmission of the entire notice,

but if the delivery or transmission is not on a business day or is after 5.00pm (recipient’s time) on a business day, the notice is taken to be received at 9.00am (recipient’s time) on the next business day.

28.3 Evidence of service

A certificate in writing signed by a Director or Secretary that a notice was sent is conclusive evidence of service.

29 WINDING UP AND REVOCATION OF DGR ENDORSEMENT

29.1 Distribution of Company’s assets

On the first to occur of:

1. the winding up or deregistration of the Company; or
2. if the Company is endorsed as a deductible gift recipient under subdivision 30‑BA of the Tax Act, revocation of the Company’s endorsement as a deductible gift recipient; or
3. if the Company is endorsed as an income tax exempt charity under subdivision 50‑B of the Tax Act, revocation of the Company’s endorsement as an income tax exempt charity,

   all surplus assets of the Company, after satisfaction of all debts and liabilities of the Company, must be paid, distributed or transferred to:

4. one or more Eligible Charities; or
5. to the extent required or permitted by the Tax Act, funds, charitable at law, which comply with the requirements of item 2 of the table in section 30‑15 of the Tax Act,

but if the Company is never endorsed as a deductible gift recipient under subdivision 30‑BA of the Tax Act, paragraph 1.1(b) of the definition of Eligible Charity will not apply.

29.2 Distribution of Gift Fund assets

If the Company maintains a Gift Fund, on the first to occur of:

1. the winding up or dissolution of the Gift Fund; or
2. the revocation of the endorsement of the Gift Fund as a deductible gift recipient under subdivision 30-BA of the Tax Act,

the remaining money or property (if any) forming part of the Gift Fund must be transferred to one or more Eligible Charities.

29.3 Conditions of distribution to Eligible Charities

Where gifts to an Eligible Charity are deductible only if, among other things, the conditions set out in the relevant table item in subdivision 30‑B of the Tax Act are satisfied, a transfer under this clause 29 must be made in accordance with those conditions.

29.4 Identity of Eligible Charities

The identity of an Eligible Charity for the purposes of this clause 29 will be determined by the Board and (if applicable) approved by the Commissioner and, in default, will be determined by the Supreme Court of Victoria.

30 INDEMNITY AND INSURANCE

30.1 Indemnity and insurance

Subject to and to the maximum extent permitted under the law, the Company:

1. indemnifies each of its officers; and
2. may enter into and pay premiums on a contract insuring any of its officers,

against any liability incurred by an officer in that capacity, including any legal costs incurred in defending an action for such a liability.

30.2 Survival of indemnity

The indemnity in clause 30.1 will continue notwithstanding that an officer ceases to be an officer of the Company.

30.3 Indemnity and insurance subject to law

For the avoidance of doubt:

1. the indemnity in clause 30.1 does not apply so as to indemnify an officer from any liability for which the Company is prohibited from indemnifying the officer under the Corporations Act; and
2. the Company may not insure an officer against any liability for which the Company is prohibited from indemnifying the officer under the Corporations Act.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

Project Rozana’s Mission is to build bridges to better understanding between Israelis and Palestinians through health. This community-wide, multi-faith health initiative achieves this by raising funds to:

1. Train Palestinian health professionals in Israeli hospitals in order for them to return and build the health capacities of their communities, particularly where there are identified gaps;
2. Transport Palestinian patients from home to checkpoints in Gaza and the West Bank to hospitals in Israel and back home via our partner NGOs, and
3. Treat critically ill Palestinian children in Israeli hospitals in cases where funding from the Palestinian Authority is not available.

Project Rozana works with partner organisations in the region. Our work is supported by private philanthropy, Trusts and Foundations. Project Rozana spends funds raised in an effective manner to deliver on our Mission.  We recognise that there is a level of risk in relation to terrorist financing and this policy seeks to prevent any form of terrorism that might occur wherever possible.

This policy sets out Project Rozana’s commitment to comply with Australian laws relating to counter terrorism, through processes and policies that minimise the risk of support for terrorists and terrorist organisations, especially those on the UN Security Council’s Consolidated List and the Australian Government’s List of Terrorist Organisations.

The Australian government has enacted legislation consistent with a number of international counterterrorism treaties designed to combat terrorism. The relevant legislative mechanisms prohibiting activities in relation to individuals and organisations associated with terrorism can be found in:

• Part 5.3 of the Criminal Code Act 1995 (‘the Criminal Code’); and
• Part 4 of the Charter of United Nations Act 1945 (‘the UN Charter Act’)

The Criminal Code provides stringent penalties for, amongst other things, intentionally or recklessly ‘getting funds to or from a terrorist organisation’ (section 102.6), ‘providing support to a terrorist organisation’ (section 102.7) and ‘financing terrorism’ (section 103.1). A list of ‘terrorist organisations’ for the purposes of the Criminal Code is available on the National Security Australia website.

Under the UN Charter Act, it is an offence to “directly or indirectly make any asset available to a proscribed person or entity”. An asset is very broadly defined as “asset of any kind, or property of any kind, whether tangible or intangible, movable or immovable”. While the UN Charter Act applies less stringent penalties, it has a much broader application in the aid context due to its very wide definition of asset. A list of proscribed persons and entities is available from DFAT at:

In addition, Project Rozana will check the following two lists to ensure it doesn’t deal with any listed terrorist organisations and/or proscribed persons or entities.

• World Bank Listing of ineligible firms and individuals;
• Asian Development Bank Sanctions List.

3. PURPOSE

Project Rozana condemns all forms of violence including terrorism and activities related to terrorist financing in relation to its mission. Project Rozana is obligated to ensure that funds and resources sought from donors and the general public are used for their intended purpose, along with being honest and transparent, while being accountable to all stakeholders. This policy states our commitment to complying with ACFID’s policy on Financial Wrongdoing and other relevant legislations on Counter Terrorism.

4. DEFINITIONS

Project Rozana Representatives – are all individuals and institutions who act on behalf of Project Rozana regardless of whether or not there is a formal legal agreement between them and Project Rozana. This includes, but is not limited to, all directors, employees, contractors, consultants, suppliers, advisors, volunteers, and implementing partners irrespective of which country their role is situated.

Under the “best endeavours” clause, Project Rozana has a positive obligation to act; in particular to ensure that it: a) knows the persons/organisations that it is directly assisting; b) confirms that the people/organisations it is directly assisting are not on either of the lists before funding is provided; and c) ensures that directly funded persons/organisations are aware of and comply with these laws.

Counter terrorism: the practice, techniques and strategy used to combat or prevent terrorism.

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

Listed individuals or organisations: any individual or organisation which appears on the following lists:

• The Consolidated List of all persons and entities subject to financial sanctions under Australian sanctions laws (updated regularly on the DFAT website), and
• Listed Terrorist Organisations under the Criminal Code (updated on
  Australian National Security website).

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.

Terrorism: acts or threats of violence intended to influence the policy of a government, either in Australia or overseas.

Terrorism financing: the financing of terrorist acts, and of terrorists and terrorists’ organisations.

Terrorist organisation: any group of terrorists that commits, or attempts to commit, terrorist act by any means, directly or indirectly, unlawfully and wilfully.

Under the “best endeavours” clause, Project Rozana has a positive obligation to act; in particular to ensure that it:
a) knows the persons/organisations that it is directly assisting;
b) confirms that the people/organisations it is directly assisting are not on either of the lists before assistance is provided; and
c) ensures that directly funded persons/organisations are aware of and comply with these laws.

5. POLICY AND POLICY PRINCIPLES

• Australian Government legislation prohibits dealing with listed terrorist organisations and/or proscribed persons or entities. Project Rozana will at all times adopt measures intended to facilitate compliance with this legislation.
• Project Rozana will confirm the identity, credentials and good standing of the people or organisations it supports and will check that these people or organisations are not on the lists maintained by the Australian Government.
• Project Rozana will use its best endeavours to ensure that all activities (including those carried out by a partner or affiliate organisation delivering programs) comply with relevant Australian laws and regulations, including but not limited to:
  a) Those in relation to the proscription against providing direct or indirect support or resources to organisations and individuals associated with terrorism, including ‘terrorist organisations’ as defined in Division 102 of the Criminal Code and listed in regulations under the Criminal Code and regulations made under the UN Chart Act; and
  b) Those in relation to corrupt practices, in particular the bribery of public and foreign officials.
•  Project Rozana will not knowingly remit any funds to known or suspected terrorist organisations or individuals.
• Project Rozana will report any known or suspected terrorist links to the relevant national authority.
• Project Rozana will use its best endeavours to ensure that overseas recipients of Project Rozana’s funds will adopt policies and procedures that enable them to comply with relevant Australian anti-terrorist legislation.

6. PROCEDURES

1. Project Rozana will check and document that its Representatives do not promote or have connections with identified terrorists or terrorist organisations (those on the Consolidated List or the List of Terrorist Organisations). Partners must know the identity, credentials and good standing of their partners and recipient organisations (i.e., what they do, where they operate, who are their key decision makers and staff).
2. Prior to signing any partnership agreement, MOU or funding, Project Rozana will check that the partner organization or their representatives do not promote or have connections with identified terrorists or terrorist organisations (i.e., the Australian Government & UN lists of terrorists and proscribed organisations).For large established public institutions, such as hospitals, prior to signing any Partnership Agreement or MOU, Project Rozanna will review the organisations Counter Terrorism Policy and assess controls in place, including checks conducted of their partners, staff and suppliers against the Australian Government and UN lists of terrorists or terrorists organisations.
3. Project Rozana will only transmit funds using reputable banks and other financial institutions for this purpose and observing procedures defined in Project Rozana Financial Policy.
4. Project Rozana will apply internationally accepted accounting practices, verified by regular, independent audits. Counter terrorism procedures will be included within the Risk Management section of every in-country Project Plan document. Wherever possible, Project Rozana will ask for a commitment from its partners to practice these same standards.
5. Project Rozana will ensure that all in-country implementing partners, are aware of and understand their legal obligations in relation to counterterrorism and adopt measures to support compliance with this policy for all funds provided by Project Rozana.
6. Project Rozana will immediately withdraw all support, including provision of resources, if it has reason to believe that a project partner has breached the requirements of this policy.
7. All MOU, partnership or funding agreements will include wording that requires the recipient organisation to adopt policies and procedures consistent with Australian Government requirements.
8. Project Rozana will perform regular monitoring and evaluation of project and program activities to ensure funds are being used for the purposes they were approved and provided. Funding recipients are required to provide yearly detailed accounting reports showing how funds have been spent.
9. Where recipient organisations or individuals are found to be on the Australian Government or UN lists of terrorists and proscribed organisations, forwarding funds will cease as will all partnerships and DFAT and the Federal Police through the national security hotline (1800 123 400) will be informed immediately.
10. Project Rozana will to the best of its ability ensure that:
    – All reports of alleged instances of detected terrorist financing, sanctions violation
    – and fraud as well as any detected terrorist activity is reported to the Board.

7. ROLES AND RESPONSIBILITIES

The Project Rozana Australia Executive Director is tasked with the responsibility of monitoring this policy and overseeing the implementation and regular updating of the policy across the Project Rozana organisation.

The Project Rozana Israel Office Country Director will be responsible for checking all prospective partners against the listed individuals and organisations and documenting this check.

Project Rozana will ensure that all employees and volunteers uphold and operate in
accordance with this policy.

8. REFERENCES / OTHER POLICIES

This policy must be read and understood in conjunction with other policies:
Project Rozana Finance Manual
Project Rozana Anti-Corruption and Anti-Fraud Policy
Project Rozana Risk Management Framework
Project Rozana Funding Acceptance Policy
Project Rozana HR Manual

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template for use across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

The document’s content is informed by the DFAT Disability Action Strategy 2017-2020, the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol (2006) and consultations with PR Israel staff, disability organisations and other stakeholders in Israel and Palestine.

Project Rozana believes people with disabilities must have their human rights and fundamental freedoms protected, promoted and upheld, in accordance with domestic laws in Australian and international law, including the UN Convention on the Rights of the Child and the UN Convention on Rights of Persons with Disabilities.

Moreover, as an NGO focused on people-to-people peacebuilding through health, Project Rozana projects are informed by the following facts:

• Women and girls with disabilities are doubly disadvantaged, with their rights being ignored due to their gender and diability. This places them at greater risk of violence and exclusion.
• Children with disabilities have a greater risk of dying from neglect, abandonment and lack of access to health care. They are frequently not valued in their communities due to stigma or misconceptions around disabilities.
• Child mortality is significantly higher for children with disabilities than those without. Unsafe pregnancy and childbirth are major causes of disability for women.
• Women with disabilities often lack access to reproductive health care due to both marginalisation and assumptions that they will not have families.

3. PURPOSE

The purpose of this Policy is to ensure the inclusion of people with disabilities in the delivery of Project Rozana’s work. This includes:

• Promoting staff awareness of disability inclusion and their responsibilities with regard to this policy.
• Ensuring the needs and rights of people with a disability are considered in the main activities of Project Rozana.
• Consideration of the ways in which the organisation can include people with a disability in its internal operations (i.e., logistics, administration, finance, governance and other roles).

4. DEFINITIONS

Disability: In line with the Convention on the Rights of Persons with Disabilities, and taken from the Australia’s Federal Disability Discrimination Act 1992
disability, in relation to a person, means:
a) total or partial loss of the person’s bodily or mental functions; or
b) total or partial loss of a part of the body; or
c) the presence in the body of organisms causing disease or illness; or
d) the presence in the body of organisms capable of causing disease or illness; or
e) the malfunction, malformation or disfigurement of a part of the person’s body; or
f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;
and includes a disability that:
h) presently exists; or
i) previously existed but no longer exists; or
j) may exist in the future (including because of a genetic predisposition to that disability); or
k) is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

Reasonable Adjustments: This refers to modifications to activities, methods of communication, infrastructure or processes to accommodate the needs of people with
disability. An adjustment is considered ‘reasonable’ if it is feasible (i.e., within the skills and resources of the organisation) and relevant to the organisation.

5. GUIDING PRINCIPLES

Project Rozana’s Disability Inclusion Policy and practices adhere to the following guiding principles:

5.1 Human Rights

Taking a human rights-based approach to disability inclusion, Project Rozana is committed to promoting equal rights for people with a disability, and their equitable inclusion in all aspects of society. This includes in its role as an employer, service provider, registered charity and incorporated organisation.

As well as ensuring equal opportunity for people with disabilities, human rights includes both respect and the absence of discrimination. Consideration for people with disabilities will be given in all Project Rozana activities and policies.

5.2 Awareness

All Project Rozana staff and representatives should have an awareness of disability inclusion, including understanding the needs of people with a disability who may interact with the organisation as primary stakeholders, employees, volunteers, partners, donors or members of the public.

5.3 Participation

Meaningful participation of people with disability is essential for genuine empowerment and change in the community. Meaningful participation ensures that people with disabilities participate and benefit from Project Rozana’s development efforts and leads to broader benefits for families and communities.

Project Rozana acknowledges that people with disabilities and their representative organisations can provide perspectives based on their experiences of living with disabilities, to inform Project Rozana disability-inclusive activities.

5.4 Comprehensive Accessibility

Central to disability inclusion is the removal of ‘barriers’ to enable people with disabilities access to services, and opportunities to participate equally. Comprehensive accessibility ensures that barriers to access and participation are identified and addressed. Barriers can be related to the physical environment (e.g., stairs), communication (e.g., lack of information in multiple formats including Braille, no sign language interpreter in training workshops), institutional barriers (e.g., organisational policies) and attitudes (e.g., negative attitudes regarding disabilities).

Negative attitudes and prejudice towards people with disabilities are often the most significant barriers. Project Rozana will work to reduce barriers faced by people with a disability, to improve access to services as well as encourage participation within all levels of Project Rozana; from Board management, implementing staff, volunteers and representatives.

5.5 Twin-track

A twin-track approach aims to ensure that Project Rozana is both inclusive of, and benefits people with disabilities. A twin-track approach involves implementing two concurrent initiatives through main-stream and targeted efforts:

1. Disability mainstreaming: ensuring that the organisation and its programs include a disability perspective and are fully accessible to and inclusive of people with disability.
2. Disability-specific initiatives: activities specifically targeted at people with disability, in order to increase their empowerment and participation (e.g., conducting outreach with Disabled People’s Organisations, supporting individuals to access specific medical/rehabilitation interventions where available to manage injuries/and or impairments, funding specific rehabilitation programs which can assist people with disabilities to lead a more participatory life).

Project Rozana recognises that without adequate support and access to health services, injuries sustained may become permanent impairments.

6. POLICY

Project Rozana:

• Is committed to ensuring people with a disability have equal access to our services.
• Acknowledges the diversity that disability brings to all areas of the organisation.
• Recognises that the physical and social contexts of people with a disability are diverse and will consider these in the operationalisation of disability inclusion. For example, the way the policy is implemented in Australia may be different to the way it is implemented in Palestine.
• Acknowledges that failure to uphold the human rights of people with disabilities is more likely to occur where an organisation lacks the culture, ethics, leadership, policies and professionalism to promote disability inclusion.
• Recognises that staff and representatives are all responsible for ensuring our disability inclusion approach is understood and integrated into all areas of our work and our organisation’s ethics and culture.
• Will work with our partners to increase understanding and knowledge of disability and the rights of people with disabilities, including advocacy to service providers to enable people with disabilities to gain access to services and facilities.
• Recognises that that people with disabilities and disabled people’s organisations can provide perspectives on the experience of living with disabilities and ultimately are the experts on disability inclusion. Project Rozana will seek to draw on their knowledge.

7. PROCEDURES

The following mechanisms will be used to implement Project Rozana’s Disability Inclusion Policy:

a) Training and induction: All staff and representatives will be familiarised with the Disability Inclusion Policy as part of their induction process. In line with the needs of their roles and responsibilities, Project Rozana will offer staff and representatives training on Disability Inclusion.

b) Recruitment and employment: Acknowledging the diversity that people with a disability can bring to an organisation, Project Rozana will encourage and support the employment of people with a disability within the organisation. This will include:

1. a statement on job advertisements and on the organisation’s website stating that Project Rozana is committed to fostering an inclusive work environment for all people, including those with a disability. For example, “People with a disability are encouraged to apply for all roles and positions within the organisation and, where possible, Project Rozana will make reasonable adjustments to ensure people with disabilities have an equal opportunity to participate.”
2. adjusting recruitment processes to ensure a person with a disability is able to equally participate in the recruitment process (i.e., conducting interviews in an accessible location or enabling participation via phone).
3. where feasible, making reasonable adjustments to the work, or work environment, to enable the participation of people with a disability (some examples could include flexible work arrangements, adjustments to work- stations and lighting, provision of assistive software, ensuring accessible office buildings, conference rooms, toilets etc).
4. provide training and assistance on inclusive ways of working to existing staff so they can work effectively with people with disability in the workplace. Ensure existing staff are comfortable and well equipped to orient new employees and cater for any specific requirements they may have.
5. where possible offer mentoring for new employees with disability, as a way to support self-development and contribute to development of the culture and values of Project Rozana.

c) Project management: Project Rozana will make all possible arrangements to ensure that people with a disability are able to access the services provided by Project Rozana and its partners and feel respected and supported. Examples include ensuring wherever possible that services provided through our programs have disability-inclusive services and facilities. Project Rozana recognises that accessibility is not only about physical access, but also includes these concepts:

• Approachable: people with disabilities know services exist and feel comfortable to approach them
• Affordable and available.

d) Data collection and reporting: We will seek to include people with disabilities in our client satisfaction survey samples, recognising that service improvement must be informed by people with disabilities who have used our service.
Project Rozana will endeavour to provide information on its primary stakeholders with disability in its internal reports. This will also assist Project Rozana to track if more people with disability are accessing our services.

e) Outreach and communication: Project Rozana will ensure inclusion of people with disability in its outreach and community awareness sessions and seek to conduct outreach sessions specifically for people with disability. They will be organised in partnership with local disability organisations in Israel and Palestine wherever possible.

8. MONITORING AND REVIEW

Monitoring of the implementation of this Policy is the responsibility of all staff, led by the Executive Director and overseen at the highest level by the Board. It will be reviewed and updated as required.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. PURPOSE

Project Rozana values feedback and complaints and recognises these are an essential part of our quality assurance and accountability to staff, partners, stakeholders and donors.

This policy sets out Project Rozana’s approach to feedback and complaints from staff, partners, external stakeholders and the community.

The complaint handling process will be integrated into all of Project Rozana’s programs and will be included in the Policies and Procedures Handbook to be used by staff, volunteers and partners with the understanding that it will be implemented by all Project Rozana offices worldwide, and all Project Rozana partners wherever possible.

Project Rozana is committed to ensuring that the complaints handling process is safe, confidential, prompt and fair.

3. SCOPE

The complaint handling process will be integrated into all of Project Rozana’s programs and will be included in the Policies and Procedures Handbook to be used by staff, volunteers and partners with the understanding that it will be implemented by all Project Rozana offices worldwide, and all Project Rozana partners wherever possible.

Where this policy is contradicted by contractual obligations to funders, the contractual obligations must be adhered to. Exceptions to such obligations should be sought from funders prior to entering into contracts and any substantive areas of difference must be drawn to the attention of the Chief Executive Officer.

This policy does not relate to concerns that arise within the workplace between staff and/or volunteers. For these issues, staff and volunteers should refer to Project Rozana’s EEO, Discrimination, Bullying and Harassment Policy, Grievance Policy or Performance Counselling and Disciplinary Policy.

4. DEFINITIONS

For the purposes of this policy:

Feedback: is positive or negative comment about an employee or volunteer, activities of the organisation or the organisation itself.

A complaint: is an expression of dissatisfaction about the standards of service or lack of action by Project Rozana or its staff, volunteers, partners or anybody directly involved in the delivery of our work.

5. BENEFITS OF FEEDBACK

Feedback, including complaints, provides Project Rozana with the opportunity to:

• Understand the needs and expectations of participants, stakeholders and communities with which Project Rozana works and supports
• Identify improvements to what Project Rozana does and how it is done
• Record, register, respond to and resolve issues and share these to improve practices
• Analyse and learn from trends to ensure Project Rozana is proactive and effective in its work.

Project Rozana’s complaints and feedback processes have been designed in accordance with nine core principles of the Australian Standard Customer Satisfaction Guidelines for Complaints Handling in Organisations.

1. Principle:
Visibility
Action: All staff and volunteers know how to find this policy and how to follow procedures. Project Rozana publishes this policy on its website.

2. Principle:
Accessibility
Action:
The feedback process is straightforward. A person’s age, language, culture or disability will not be a barrier to providing feedback.

3. Principle:
Responsiveness
Action:
Timely acknowledgement, progress and action is provided.

4. Principle:
Objectivity
Action:
Investigations are conducted impartially, fairly, equitably, ethically and completely.

5. Principle:
Charges
Action:
Provision of feedback is free of any charge or cost.

6. Principle:
Confidentiality
Action:
Personal information is only disclosed on a need-to-know basis and is handled in accordance with Project Rozana’s Privacy Policy.

7. Principle:
Person-focused
Action:
Project Rozana welcomes and promotes the right to provide feedback and recognises feedback as important to what Project Rozana does and how it is done.

8. Principle:
Accountability
Action:
Roles, processes, and decisions are clear, balanced, ethical and fair.

9. Principle:
Continuous improvement
Action:
Project Rozana seeks to learn, explore new solutions and improve performance.

6. PROCEDURES

1. Feedback, including complaints, may be provided to Project Rozana in a variety of forms including through formal correspondence, verbally or via email.
2. Written complaints may be sent to Project Rozana’s Executive Director, PO Box 2400, Caulfield Junction, Vic 3161 Australia. Should the complaint relate to the Executive Director, the complaint may be addressed to the Project Rozana Chair at the same address. Alternatively, complainants may write to complaints@projectrozana.org.
3. Project Rozana staff or volunteers who receive a complaint should refer the complaint immediately to Project Rozana’s Executive Director who will register the complaint and acknowledging its receipt in writing within three working days.
4. In the case of verbal complaints, the person receiving the complaint should make a record of the complaint and provide that record to the Executive Director.
5. If the complainant is seeking a response to their complaint, the record must include contact details of the complainant to allow a response to be provided.
6. The Executive Director will work with a senior staff member associated with the matter to which the complaint relates in order to consider the complaint.
7. The Executive Director will escalate the complaint to Project Rozana’s Chair, who may in turn refer it to the Board, if appropriate.
8. In acknowledging receipt of the complaint, the Executive Director will advise of the course of action to be taken in investigating the complaint. If advising of this course of action is not possible within three working days, an acknowledgement of the complaint will still be provided, with further advice on the course of action to be taken provided within a reasonable period.
9. Any staff member or volunteer who is found to have breached this policy may be subject to disciplinary action, up to and including termination of employment or volunteer engagement.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. PURPOSE

Project Rozana has a zero tolerance approach towards fraudulent and corrupt activity or behaviour. It is committed to conducting all aspects of organisational and program management in a transparent and accountable manner to support good governance. The purpose of this Policy is to articulate Project Rozana’s position against fraud, bribery and corruption to Board members, staff, volunteers, project partners and consultants. As an agency supported under the Australian NGO Cooperation Program (ANCP), this Policy is consistent with the Fraud Policy Statement of the Department of Foreign Affairs and Trade (DFAT), the Australian Corporations Act 2001 (for whistleblowers), and the Australian Government Investigation Standards (2003 and 2011).

Project Rozana acknowledges that the developing country in which it works is an inherently difficult environment with, often, weak governance arrangements and attitudes towards accountability and transparency different to those in Australia. The paying of bribes encourages corruption, which, like fraudulent acts, is something that can further harm those already disadvantaged by diverting goods, services and opportunities away from them. It also is considered a high risk that such actions will prevent the objectives of Project Rozana’s programs being achieved.

3. DEFINITIONS

Fraud: ‘Dishonestly obtaining a benefit, or causing a loss, by deception or other means’ (Commonwealth Fraud Control Guidelines 2011 and DFAT Fraud Factsheet, October 2015). This definition extends beyond the legal definition of fraud to include benefits obtained that can be both tangible and intangible. It thus encompasses activities or behaviours broader than the misuse or misappropriation of monies or assets.

Examples of fraud include:

• Misappropriation of funds
• Altering documents
• Falsifying signatures
• Misuse of Project Rozana assets
• Providing false information to Project Rozana
• Unauthorised disclosure of confidential information
• Theft of funds or assets
• Bias, cronyism or nepotism

Bribery: The offering, promising, giving, accepting or soliciting of money, gifts or other advantage as an inducement to do something that is illegal, where a payment is not legitimately due, where it is offered with the intention of influencing a person in the exercise of their duties, or where it is a breach of trust in the course of carrying out an organisation’s activities.

4. POLICY AND POLICY PRINCIPLES

Project Rozana does not tolerate fraud or corruption by staff or related third parties, including any of Project Rozana’s Representatives.  Project Rozana staff are required to be watchful for fraud, corruption or any suspicious behaviour, and report it to the Executive Director. All reported incidents will be appropriately investigated.

4.1 Fraud and corruption Intolerance and Reporting Obligations:

Any incidence of fraud or corruption or suspicious behaviour must be reported to the Executive Director or/and reported through official Whisleblower channels as per the Project Rozana’s Whistleblower policy.

4.2 Internal escalation process:

All Executive Director’s will have in place an internal escalation process to ensure appropriate management awareness and expeditious handling, In consideration of local context and donor requirements, if any, Project Rozana requires to the maximum extent possible, the reporting of fraudulent and corrupt behaviour to the proper authorities in any given country. Any exception must be justified in writing by the respective Executive Director to the Board.

4.3 Sufficiency of Investigations.

Fraud and corruption and allegations of fraud and corruption will be appropriately investigated after considering severity, credibility, potential for reputational damage, and applicable donor requirements. Investigations will generally be led by the Executive Director and external resources as necessary, including, but not limited to, legal counsel, external audit firms, etc. In the case of the Executive Director being under investigation for fraud and corruption, the Board Chair of the country office in question will lead the investigation.

4.4 Confidentiality of Reports and Investigations; Non-retaliation.

Any report of alleged or actual fraud and corruption submitted pursuant to this policy must be treated confidentially to the fullest extent practicable. Reports of fraud and corruption or suspected fraud and corruption may be submitted anonymously. Staff will not be retaliated against for good faith reports. Only personnel with a need to know should be advised of a report and any related investigation.

5. PROCEDURES

5.1 Prevention and Awareness:

All Project Rozana Board members, staff, volunteers, project partners and consultants have responsibilities and obligations to be aware of these rules and to follow Project Rozana’s procedures in all cases. The Executive Director is charged with disseminating this Policy and related procedures to Board members, staff, volunteers, project partners and consultants and for monitoring its implementation in activities for which Project Rozana is the responsible party. Written agreements with external parties should to the maximum extent possible include a written reference to Project Rozana’s intolerance of fraud and how it should be managed, as per the Project Rozana Partnership Policy.

5.2 Implementation and Monitoring

Project Rozana’s agreements with in-country program partners must clearly set out the requirements to protect funds from fraud and to not engage in anything that could be construed as bribery or corruption. Project Rozana’s Executive Director and Program Manager will regularly monitor activities and expenditure to guard against fraud and corruption.

The conduct of fraud, bribery and corruption risk assessment and the implementation of anti-bribery procedures forms part of Project Rozana’s ongoing risk management and internal control processes.

5.3 Reporting 

Project Rozana is bound by the requirements regarding the reporting and action of suspected breaches of this policy as defined by DFAT in its policy. As an Australian aid program implementation partner, Project Rozana is responsible for preventing and detecting fraud, bribery or corruption in any of its activities, both in Australia and overseas. Any breaches of this Policy must be investigated swiftly and at Project Rozana’s expense.

5.3.1 Donor Reporting

The Executive Director of the country office from which the donation was made is responsible for any donor reporting of fraud and corruption and overall assessment of donor implications, but may delegate donor engagement to the Director of Development or the Relationship Manager for the donor in question. Project Rozana will cooperate with any requests from a donor relating to an ongoing investigation, as applicable.

5.4 Implications for person reporting alleged fraud and corruption

Any person reporting a fraud or corrupt behaviour, or a suspected fraud or corrupt behaviour, shall not be penalised for raising a concern of this nature.

If fraud is detected or suspected, Project Rozana Board members, staff, volunteers, project partners and consultants are responsible for timely reporting to the Project Rozana Board Chair and/or Executive Director. Project Rozana’s preference is to receive reporting on fraud in writing or by email. If the complaint is made orally Project Rozana commits to recording the complaint in writing. All cases of fraud and corruption are handled in a confidential, prompt and professional manner.

5.5 Investigation and Follow up

Upon awareness of an alleged or suspected fraud and corruption, the Executive Director or their designate will inform immediately (within three business days) the Board Chair using a completed Initial Investigation of Suspected Fraudulent and
Corrupt Act Report found at Appendix A. Where deemed appropriate, the National Board Chair will also immediately notify (within three days) the International Board Chair and they shall be an integral part of determining next steps. The report will include a determination of the amount of the suspected fraud, and whether the suspected fraud requires donor reporting.

Where fraud or corruption is alleged, suspected or detected, Project Rozana will:

• Promptly investigate the matter;
• Report detected or attempted fraud or corruption within Project Rozana activities to DFAT within five (5) working days and keep DFAT informed of action;
• Seek the recovery of misappropriated funds or assets and the application of appropriate penalties wherever possible;
• Seek prosecution of offenders wherever possible and appropriate.

APPENDIX A:

Initial Investigation of Suspected Fraudulent Report

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

This policy outlines the value that Project Rozana places on the diversity of its stakeholders, employees, and partners to its operation. It also defines Project Rozana’s commitments to achieve a gender just society in which men and women enjoy equity while contributing and benefiting as equal partners.

Project Rozana recognises and affirms the equal worth, dignity, and rights of women, men, girls, and boys and the significant role each one plays in promoting sustainable, transformational development.

Project Rozana believes that sustainable progress can only take place, and person to person peace building can only be achieved, through transformation that increases opportunities, resources, and choices, so that power is distributed equally among females and males. This in turn will permit all people to have the resources to shape their own lives and contribute to their families and communities.

Project Rozana promotes gender equality as essential for the sustained well-being of women within their families and communities This policy also further outlines the commitments of Project Rozana to diversity in its operations, and respect for the differences between people in knowledge, skills, and perspectives.

Particularly in relation to gender-based violence, Project Rozana recognises that power inequalities exist between individuals and groups, on the basis of social or professional identity including gender, sexual orientation, disability, religious affiliation, age and ethnicity. Social inclusion and empowerment are important components of Project Rozana’s operations, and it works to end all forms of gender-based violence and all practices that undermine the dignity of girls, boys, women and men and their right to protection form physical, sexual and psychological harm.

Project Rozana is committed to upholding the international agreements on human rights and their implementation strategies. These include the United Nations Charter and the Universal Declaration of Human Rights,  the Convention on the Rights of Persons with Disabilities (CPRD), the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the Declaration on the Elimination of Violence Against Women. Particularly within the context of its work, Project Rozana is committed to, and puts at the core of its programs the United Nations Security Council Resolution 1325 which reaffirms the important role of women in the prevention and resolution of conflicts, peace negotiations, peace-building, peacekeeping, humanitarian response and in post-conflict reconstruction and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, as well as and 1820 and the Agenda 21.

Project Rozana works across three domains to support gender equality outcomes:

1. Addressing specific gender issues, such as gender-based violence and the rights of women to have access to quality sexual and reproductive health care.
2. Prioritising female and childhood healthcare access by supporting gender specific programming through program models including the West Bank Mobile Women’s Health Care program.
3. Supporting Project Rozana’s partner organisations to make their organisations and programs more gender responsive.

3. PURPOSE

The purpose of this policy is as follows:

• Create a clear and consistent message on Project Rozana’s commitment to gender equality, diversity and an inclusive culture, and to facilitate working relationships with government agencies, NGOs, and its stakeholders.
• Facilitate common accountability mechanisms and minimum standards for organisation wide objectives for gender equality, women’s empowerment and social inclusion.
• Outline the commitment of Project Rozana to inclusivity in its operations for its staff, partners, and stakeholders.

4. SCOPE

This policy applies to all staff, volunteers, contractors and representatives of Project Rozana and includes field partners who have agreed to acknowledge, adopt or comply with Project Rozana’s Gender Equality and Diversity Policy. For the sake of brevity, the term “staff” will be used to represent the scope of this policy.

5. DEFINITIONS

Definitions, as used in this policy, are as follows:

Discrimination: When a person is treated less favourably because of their race, family
background colour, religion, sex, age, marital status, nationality, sexual orientation, because they have a disability or are HIV positive, or some other point of difference unrelated to work requirements.

It is also discrimination when an unreasonable rule or policy applies to everyone but has the effect of disadvantaging some people because of a personal characteristic they share. This is known as ‘indirect discrimination’ (Australian Human Rights Commission).

Disability: In line with the Convention on the Rights of Persons with Disabilities, and taken from Australia’s Federal Disability Discrimination Act 1992.

Disability, in relation to a person, means:

a) total or partial loss of the person’s bodily or mental functions; or

b) total or partial loss of a part of the body; or

c) the presence in the body of organisms causing disease or illness; or

d) the presence in the body of organisms capable of causing disease or illness; or

e) the malfunction, malformation or disfigurement of a part of the person’s body; or

f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or

g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and includes a disability that:

h) presently exists; or

i) previously existed but no longer exists; or

j) may exist in the future (including because of a genetic predisposition to that disability); or

k) is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

Disaggregated Data: The collection of data information and analysis of results on the
basis of gender, age and/or disability.

Empowerment: The process of change that gives individuals greater freedom of choice
and action which leads to an enhanced ability to make informed life choices.

Gender Analysis: The systematic assessment of policy and practice on women and
men and on the social and economic relationships between the two. The application of a gender perspective requires: the identification of the needs and priorities of women and men, the identification of existing opportunities and constraints to the achievement of development objectives, and the choice of an intervention strategy to address these.

Gender Equality: Is the equal treatment of all genders. It means all genders will enjoy the same rights, opportunities, responsibilities and protections. (Australian Commission

Gender Equity: A just distribution of benefits and rewards between men and women.

Gender: In accordance with the Australian Government Guidelines on the Recognition of Sex and Gender: “Gender is part of a person’s social and personal identity. It refers to each person’s deeply felt internal and individual identity and the way a person presents and is recognised within the community. A person’s gender refers to outward social markers, including their name, outward appearance, mannerisms and dress. A person’s sex and gender may not necessarily be the same. An individual’s gender may or may not correspond with their sex assigned at birth, and some people may identify as neither exclusively male nor female.” For the purpose of this policy, gender may also be defined as the economic, social, political and cultural attributes and opportunities associated with identifying as male, female or non-binary.

Harassment: Any verbal, physical or visual behaviour that is intimidating, humiliating or offensive to another person. This may include through the internet and social media.

Women’s Economic Empowerment: Refers to the process which increases women’s
real power over economic decisions that influence their lives and priorities in society.
This can be achieved through equal access to and control over critical economic
resources and opportunities.

6. REFERENCES/OTHER POLICIES

This policy must be read and understood in conjunction with the following policies:

• Human Resources Manual – for additional information on the staff Code of Conduct, equal opportunity recruitment, and misconduct procedures for discrimination and harassment.
• Disability Inclusion Policy – for information about practices relating specifically to people living with a disability.
• Prevention of Sexual Exploitation, Abuse and Harassment (SEAH) Policy – for
  information on Project Rozana’s approach to the prevention of SEAH and response to allegations of SEAH be included within the Risk Management section of every in-country Project Plan document.

7. PRINCIPLES

Project Rozana has a whole-of-organisation commitment to the achievement of gender equality and social inclusion which requires that we adhere to the following principles:

a) We respect, protect and promote internationally recognised human rights for all,
regardless of race, religion, ethnicity, indigeneity, disability, age, displacement,
caste, gender, gender identity, sexuality, sexual orientation, poverty, class or socio-economic status.

b) The empowerment of women and girls is fundamental to our mission, vision,
values and priorities.

• Gender equality and equity are central to all of our actions.
• Gender-based violence scars women and girls physically and psychologically, severely affecting women’s dignity and personal security and suppresses their potential to take control of their lives.
• We work to promote gender equality and to prevent sexual exploitation and abuse of those who are vulnerable, noting that gender-based violence and sexual exploitation and abuse disproportionately affects women and girls.

An inclusive culture which celebrates diversity and allows people to thrive is
everyone’s responsibility.

• The diversity of our employees, partners, and stakeholders are valued at all levels of our operation.
• We recognise that organisational cultures are a direct result of the actions of staff, management, stakeholders, and contributors.
• We encourage equality and diversity through programs that seek the inclusion, representation, participation and empowerment of all people. We ensure that key participants representing affected people are involved in the design, implementation, monitoring and evaluation of our programs.

8. GENDER EQUALITY AND DIVERSITY IN OPERATION

Through this Gender Equality and Diversity Policy, Project Rozana commits to promote equal realisation of dignity and human rights for all. Specifically, this policy is intended to
incorporate our diversity and gender equality principles in our operations.

8.1 Management and program design

Project Rozana mainstreams gender equality and diversity in our day-to-day business, through management and design of activities:

• There is strong representation of women in management – on our Board and in Executive Management
• We ensure adequate resources are allocated to advancing our work in social inclusion and gender equity.
• Our annual work plans and budgets are formulated to assist in our aim of gender equality and social inclusion.
• All new programs or projects have a gender equality and diversity analysis at the
  planning and proposal stages.
• There is consistency between Project Rozana’s Gender Equality and Diversity Policy and other Project Rozana policies and procedures.
• Project Rozana ensures that key organisational policies, systems and practices including but not limited to budgeting, human resource recruitment, training and management, and decision making supports the aims outlined in this policy.

8.2 Human Resources

Project Rozana is an equal opportunity employer and the principles of gender equality and diversity feature strongly in our HR operations:

• Staff understand and demonstrate attitudes and behaviours that promote diversity and gender equality.
• Project Rozana sets clear expectations about an inclusive working environment for all people to engage with.
• We undertake merit-based recruitment and, where appropriate, applications are open to people of all genders and backgrounds.
• Project Rozana addresses any discrimination, harassment, or any other unacceptable behaviour.

8.3 Advocacy, Outreach, Training and Research

Project Rozana engages in advocacy, training, outreach and research, and promotes gender equality and diversity.

• We advocate with partners and stakeholders to address systemic and structural practices that create barriers to women’s rights and gender equality, including prevention and response to gender-based violence and sexual exploitation and abuse.
• Project Rozana actively involves men and boys as allies in promoting gender equality and preventing gender based violence through outreach and training.
• We conduct awareness-raising sessions and training around the consequences of gender-based violence and sexual and reproductive health to contribute to the safety and empowerment of women and girls.

8.4 Monitoring, Evaluation and Learning

Project Rozana is committed to monitoring, evaluating and learning from its projects and includes gender equality and diversity in these processes.

• We explicitly state gender equality and diversity results and include indicators in
  planning, implementation, monitoring and evaluation.
• Project Rozana collects and analyses data disaggregated by sex, age and disability to inform reflections, lessons learnt and changes in programming.
• Project Rozana Executive and Development staff report regularly to beneficiaries, donors and the public on progress on gender equality in Project Rozana’s work through appropriate reporting channels.

8.5. Partners

Where possible, Project Rozana shall encourage partners to acknowledge and comply with our Gender Equality and Diversity Policy through the use of MoUs and agreements. Project Rozana will provide guidance to partners on our gender equality and diversity principles.

Project Rozana understands that, in many cases, this policy cannot bind other stakeholder organisations it works with. However, Project Rozana will promote and model good practice in gender equality and diversity to partners and other stakeholders.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

Project Rozana is a non‐profit, charitable organisation registered under Australian law. Project Rozana welcomes donations and grants to fulfil its mission to build bridges to better understanding between Israelis and Palestinians using the platform of health.

3. PURPOSE

This policy provides a guide to making clear and consistent decisions regarding the acceptance or refusal of a donation. In doing so, it to enable Project Rozana to live up to its commitment to transparency and accountability while reducing reputational risks that may compromise the important work of the organisation.

The Gift Acceptance Policy complies with the Fundraising Institute of Australia’s (FIA) code of conduct and has been heavily informed by that policy to ensure the highest standards of ethical and transparent fundraising practices.

4. SCOPE

This policy applies to the following people:

• Project Rozana staff members, particularly those engaged in grant writing and fundraising;
• Project Rozana donors and prospective donors;
• Project Rozana Board of Directors; and
• Partner organisations

5. DEFINITIONS

Donor: an individual or other entity that makes a contribution of value to an Organisation to further the Organisation’s Objects. A Donor includes prospective Donors and an individual or entity that has previously made a Donation. A Donor does not include an individual or entity that engages with an Organisation for the purpose of trade.

Gift: In accordance with Australian Tax Office (ATO) guidelines, Project Rozana defines a gift as:

• A voluntary transfer of money or property where the donor receives no material benefit or advantage; and
• A gift of money or property, which includes financial assets such as shares.

For the purposes of this policy, Project Rozana will also consider a gift-in-kind of services or pro-bono support to be a gift.

6. PRINCIPLES

Project Rozana solicits and accepts gifts that are consistent with its mission and that support its core programs, as well as special projects.

Donations and other forms of support will generally be accepted from individuals, partnerships, corporations, foundations, government agencies, or other entities, subject to the following limitations:

• Project Rozana will not accept any gifts from an organisation operating in any of the following industries: the tobacco industry, the pornography industry, the gambling industry;
•  Project Rozana will not accept a gift when there is a reasonable belief that the donor is in vulnerable circumstances or lacks capacity to make a decision to donate;
• Project Rozana will not accept a gift when to do so would compromise the interests or objectives of Project Rozana;
• Project Rozana will not accept a gift where the activities of the donor are incompatible with the objectives of Project Rozana;
• Project Rozana will not accept a gift where the cost of accepting the gift would be greater than the value of the gift itself;
•  Project Rozana will not accept a gift where there is reason to believe that accepting the gift will damage the reputation and brand of our organisation;
• Project Rozana will not accept a gift where there is reason to believe that accepting the gift may result in litigation.

7. PROCEDURES

7.1 Unacceptable Gifts

All donors will be treated with courtesy and respect regardless of whether or not their gift can be accepted.

If Project Rozana determines that it is unable to accept a gift from an individual or organisation, it will notify them immediately. Should the gift have already been received by Project Rozana, it will be returned to the donor promptly. Project Rozana will bear the cost of returning the donation and will clearly articulate the reason for not accepting the gift.

If a donor is not satisfied with the reason for the non-acceptance, they may follow standard complaints procedures as outlined in Project Rozana’s Feedback and Complaints Policy

Project Rozana will keep a register of any declined gifts. The register will include the date, gift amount, name of donor and the reason the gift was declined.

7.2 Transparency and Reporting

Project Rozana commits to:

• Accounting for all gifts  in a manner that allows donors and the public to develop a clear and accurate picture of Project Rozana’s financial activities.
• Respecting donors’ wishes for anonymity and consulting with donors to obtain their permission before public disclosure of their giving.
• Operating ethically and conducting itself in accordance with the FAI’s Code of Conduct.

7.3 Naming Opportunities

Authority to accept or decline any proposal to apply a donor’s name to any Project Rozana program (on a temporary or permanent basis) rests with the Executive Director, in consultation with the Development Directors and approval by the Board.

8. ROLES AND RESPONSIBILITIES

The Executive Director is responsible for ensuring that:

• The organisation adheres to the Gift Acceptance Policy;
• Guidance is sought from the Board for gifts that fall outside of this policy.

8.1 Delegation of Authority

With the exception of naming rights, the Executive Director may delegate authority to the Development Director(s) to evaluate, negotiate and decline gifts, and create and execute gift agreements with prospective donors in keeping with this policy.

9. REFERENCES / OTHER POLICIES

This policy must be read and understood in conjunction with:

• Counter Terrorism and Fraud Prevention Policy

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

Project Rozana is committed to ensuring that we accurately represent our activities to the people we work with, our donors, and the public.

Project Rozana is a humanitarian aid and development organisation whose work involves building understanding between Palestinians and Israelis through health, while building capacity in Palestinian healthcare.

Project Rozana is a secular organisation and does not engage in or support any evangelical activities, nor is it linked to any political party or partner with any local faith-based organisations. It does not support or engage in any non-development activities as defined in the ACFID Code of Conduct handbook.

3. PURPOSE

The purpose of this policy is to guide Project Rozana and our partners to make a clear separation between aid and development; and non-aid and development objectives and activities. This policy addresses our ACFID compliance obligations when communicating with or soliciting donations from private donors and the public, including fundraising for restricted and unrestricted purposes from aid agencies, sponsors and supporters, as well as fundraising from the general public.

4. SCOPE

This policy is intended to apply to all Project Rozana activities. The policy is applicable to all Project Rozana employees, board members and volunteers. The policy also extends to Project Rozana partners and associated implementing organisations.

5. DEFINITION OF PEACEBUILDING AND DEVELOPMENT ACTIVITIES

Project Rozana is committed to ensuring that funds and other resources designated for the purpose of person to person (P2P) peace building and development are used only for those purposes.

Person to Person (P2P) Peacebuilding: According to USAID, Person to person peacebuilding involves reconciliation programs and activities that bring together individuals of different ethnic, religious or political backgrounds from areas of civil conflict and war. These programs provide opportunities for adversaries to address issues, reconcile differences, promote greater understanding and mutual trust and work on common goals with regard to potential, ongoing, or recent conflict.

Development and humanitarian initiatives: Activities undertaken in order 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.

6. DEFINITION OF NON-DEVELOPMENT ACTIVITIES

Non-development activity: Includes activity undertaken to promote a particular religious adherence or to support a particular party, candidate or organisation affiliated to a political party.

This does not include advocacy which is aimed at persuading and influencing decision-makers and opinion leaders and is not aimed at promoting partisan political objectives.

Project Rozana is a secular organisation and does not provide support for evangelical activities or partisan political activities.

7. PRINCIPLES

Project Rozana supports and is committed to abiding by the following principles:

• To ensure accurate representation of our activities to the people we work with, donors and the public; and
• To ensure that funds raised for peacebuilding and development purposes are not used to exploit people and communities who are vulnerable and do not place any conditions or obligations on recipients in terms of non-development, religious or political outcomes that would affect their access to services being offered.

8. COMPLIANCE

This policy provides a framework for Project Rozana’s compliance with principle B.1.5 of the ACFID Code of Conduct. This principle outlines four obligations for signatories to the ACFID Code of Conduct:

1. Project Rozana will have a clear separation between aid and development and non-aid and development objectives, and activities based on the definitions of aid and development and non-aid and development in section F (Definitions) of the Code.

2. This separation will be clear in all fundraising, programs and other activities, in public communications and in all reporting including annual reports.

3. Any fundraising solicitations that include references to both aid and development and non- development activities will provide donors with the choice of contributing to aid and development activity only.

4. Project Rozana will ensure that any such separation in fundraising, programs and other activities, in public communications and in reporting, extends to partner and implementing organisations and is documented.

5. Where there are components of partner programs which involve evangelical or partisan political activities, these will be promoted and accounted for separately.

6. In-country project monitoring will include monitoring of the separation of non-development activities from development and humanitarian activities as part of project monitoring, learning and evaluation processes.

7. Communication with new partners will state Project Rozana’s position on support for non-development activity. Partners will receive a copy of this policy and the partner agreement memorandum of understanding (MoU) or equivalent will include clear definitions of development and humanitarian activity and non-development activity. The partner agreement (MoU or equivalent) will require the partner to agree that the funds designated for development and humanitarian purposes will not be used to fund any non-development activity.

9. RESPONSIBILITIES & ACCOUNTABILITIES

The Executive Director is responsible for ensuring this Policy is upheld and will inform the Board of any concerns relating to conflicts that may present risk to Project Rozana, its Representatives, beneficiaries, partners, reputation, operations or other activities.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

This Policy covers Project Rozana Australia. This policy applies to all board members, employees, volunteers, supporters and partners in Australia.

Project Rozana is committed to using your information responsibly. We want to ensure that we’re as transparent as possible in informing all our supporters about how we capture data, store it, and most importantly, use it.

We are bound by the Australian Privacy Act 1988 (Cth) (the “Privacy Act”), the Payment Card Industry Data Security Standard and the Australian Council for International Development (ACFID) Code of Conduct.

3. PURPOSE

The purpose of this policy is as follows:
a) To protect the confidentiality of all people who support Project Rozana and to inform them about the limits that apply to our confidentiality;

b) To provide guidance to staff, visitors, volunteers, supporters, partners and donors about what they can expect from Project Rozana in handling their personal information;

c) To provide avenues by which supporters and donors can control the information we hold on them and exercise their right to privacy.

4. DEFINITIONS

Personal information – Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
a. whether the information is true or not; and
b. whether the information or opinion is recorded in a material form or not.

Confidentiality – The principle whereby personal information is kept secret and not disclosed to other parties without consent.

Privacy – The right to control access to oneself, and information about oneself.

5. REFERENCES / OTHER POLICIES

This policy must be read and understood in conjunction with the following other Project Rozana policies:

Child Protection Policy and Code of Conduct – for confidentiality relating to children.

Project Rozana HR manual – for confidentiality relating to employment matters and staff.

The following principles also guide Project Rozana’s collection and use of your information:

The Australian Privacy Principles  

6. COLLECTION OF PERSONAL INFORMATION

6.1 What personal information do we collect and why?

We collect personal information to assist in engaging with you. In this way we can interact with you and respond to any questions you might have. It also allows us to keep you up-to-date on developments in our programs.

At the first point of contact we will ask you to provide contact Information (First, Last name, Address, Contact number, Email Address)

If you choose to make a donation, we will ask for your Credit Card Details (number, name, expiry and CVC code), direct debit card, or bank details. But we do NOT store these, see 6.2 below.

We ask these questions to ensure we have accurate and up-to-date personal information. We collect this information in order to:

a) Process your donations and issue tax deductible receipts;

b) Correctly locate your account in our database and maintain accurate details;

c) Improve and personalise our communications to you (including direct and digital marketing);

d) Seek your continued support via mail, text or email;

e) Keep you informed of our work, through newsletters and annual reports or update you on programs you have supported;

f) Invite you to events or webinars;

g) Release surveys to improve our services;

h) Analyse donor activity in order to improve quality assurance; and

i) Respond to your questions, comments, or feedback.

If your personal information is used for a reason other than stated above, we will contact you for your permission.

We may also collect and hold sensitive information of our staff, Board members and volunteers or prospective staff and volunteers, including completed police checks.

6.2 Payment Card Industry Data Security Standard

This standard sets out how we might process card information and handle PCI compliance.

When donors make an online donation via our website it is important to note that this donation is processed by Stripe, our secure card payment gateway system. Project Rozana Australia and its site, does not store or have access to this credit card data. It is held by Stripe in strict compliance with the Payment Card Industry Data Security Standards (PCI DSS)  which regulates the processing, transmitting or storage of credit card data. Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the most stringent level of certification available in the payments industry.

7. HOW WE MANAGE YOUR PERSONAL INFORMATION

The protection of your privacy and personal information is of the utmost importance to Project Rozana. We will take every step to ensure it remains confidential and protected. Your personal information is stored securely, and all payments are processed using a secure PCI compliant payment gateway(please see 6.2.

We have secured our in‐house IT system with a firewall and anti‐virus scanners. We also ensure that all personal information is removed from computers before disposal or sale. Hard copy files are kept in secure cabinets and staff are trained in our privacy procedures. Donations are processed only by authorised staff. Only authorised staff have access to your information and only when it is required.

8. WEBSITE AND SOCIAL MEDIA

In order to understand how people arrive at the Project Rozana website and related social media platforms and how they use it, we rely on cookies provided by third parties. This enables us to assess the effectiveness of our online advertisements. We may also use your browsing history on the Project Rozana website to send related messages on our work and appeals.

Cookies do not reveal personal information. You can adjust your browser to disable cookies, but this may restrict your ability to access certain areas of our website. You can also engage with us through social media, including Facebook and Instagram. You can control how you receive content through the setting on each social media site.

8.1 Opting Out

If you wish to opt out of communications from Project Rozana, use any of the clear links that we provide in all our digital communication (like SMS or mail shots) or email info@projectrozana.org.

9. DISCLOSING YOUR INFORMATION

We will only use and disclose your personal information in accordance with the Privacy Act and the Australian Privacy Principles. This may include:

a) To our contractors who perform tasks directly on our behalf (for example mail houses). We require them to sign strict privacy and security agreements and they are also bound by the Australian Privacy Principles. These agreements make sure these contractors keep your private details confidential and do not use it for any purpose other than the work we have contracted them to perform (for example, printing and mailing an appeal letter to you).

b) To reputable cloud-based organisations with robust security protocols in order to store your data securely. The secure storage facilities/data centres are often located overseas. To that extent:

c) Where use or disclosure is required by law.

d) Where we have your consent to the use or disclosure, or for the purpose for which it was collected.

e) In order to establish, exercise or defend our legal rights (including providing information to others only to the extent required for the provision of fraud prevention, managing cases of suspected or substantiated fraud and as otherwise required).

f) To any person who we reasonably believe may apply to a court or other authority for disclosure of that personal information, where, in our reasonable opinion, such court or authority would reasonably be likely to order disclosure of that personal information.

We do not pass on your information to any third parties other than those stated in this policy or publish them in our website or in any publication without explicit supporter submission. We do not buy or sell personal information from or to third parties.

10. SHARING INFORMATION PUBLICLY

Project Rozana may be required to report on its activities to implementing partners, government and funding agencies. Such reporting will be in aggregate form, ensuring that no identifiable/potentially identifiable information pertaining to the recipients of our programs is used in such reporting without their prior consent. Where case studies are used in reporting and promotion, the client will be de-identified unless we have their full consent to do otherwise.

No identifiable beneficiary information will be used in any way that is not directly related to the provision of services to that particular person or their family members.

10.1 Staff Obligations in Relation to Confidentiality

Staff will not use any confidential information which they have acquired in relation to the activities of Project Rozana for their own interests or the interests or purposes of others not associated with Project Rozana. Staff will not make copies of any confidential information for any reason other than those essential to and directly related to their position and responsibilities with Project Rozana.

Staff, upon request, and in any event upon ending their engagement or employment with Project Rozana will return materials containing confidential information which are in their possession and will not use any information after leaving Project Rozana.

Any breaches of confidentiality or privacy must be reported to the Executive Director of Project Rozana Australia and appropriate action taken.

For further information on privacy and confidentiality relating to employment matters, refer to the Human Resources Manual.

11. THIRD PARTY WEBSITES

Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. ACCESSIBILITY OF INFORMATION

Information held about an individual is accessible (at no charge) to that individual on request and reasonable steps are taken to ensure the information is accurate and up to date.

Access to information may be denied if Project Rozana has reason to believe that the request is not for a genuine purpose. If a request for information is considered not for a genuine purpose, the matter will be raised with the Executive Director for consideration of the request. A request for access to information may be made using the contact details below.

13. UPDATING INFORMATION

Please let us know if the personal information we hold about you needs to be corrected, updated or completed.

Project Rozana makes every effort to ensure that the information we hold about you is correct and up to date. We may at times contact you to ensure this is the case.

14. ENQUIRIES AND COMPLAINTS

Enquiries or complaints regarding privacy matters can be made in writing or over the phone using the details provided below under Contact Information. Project Rozana are dedicated to respond to all enquiries as quickly as possible. If you would prefer to deal with us anonymously, you are not required to provide your personal information to us unless we are required by law to deal with individuals who have identified themselves or it is impractical for us to deal with individuals who have not identified themselves.

If you are not satisfied with how we have handled your matter, you may wish to contact the Office of the Australian Information Commissioner via the contact details listed on https://www.oaic.gov.au/about-us/contact-us.

15. CONTACT INFORMATION

In Australia – if you have a privacy concerns, contact our team on info@projectrozana.org or by calling +61 3 9272 5600. You can also contact us by post at the address:

Project Rozana, PO Box 2400, Caulfield Junction, VIC 3161 Australia.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

Project Rozana’s Mission is to build bridges to better understanding between Israelis and Palestinians through health. This community-wide, multi-faith health initiative achieves this by raising funds to: Train Palestinian health professionals in Israeli hospitals in order for them to return and build the health capacities of their communities, particularly where there are identified gaps; Transport Palestinian patients from home to checkpoints in Gaza and the West Bank to hospitals in Israel and back home via our partner NGOs, and Treat critically ill Palestinian children in Israeli hospitals in cases where funding from the Palestinian Authority is not available.

Project Rozana works with partner organisations in the region. Our work is supported by private philanthropy, Trusts and Foundations. In the capacity that we serve, we are equipped with resources and services which we bring to the community for their relief and development. This power differential and subsequent vulnerabilities in the communities in which we serve increases the risk of exploitation, abuse and harassment. As a humanitarian organisation, our primary concern is that the programs we instigate should “Do no harm”.

Furthermore, we are committed to the ACFID Code of Conduct along with other key sector standards and regulations. In addition to the imbalance of power between workers and beneficiaries, we also acknowledge the imbalance in power between men and women, ability and disability, ethnicity, religion, gender identity and sexual orientation, age, health and poverty.

Project Rozana is committed to preventing sexual exploitation, abuse and harassment (defined below) by our Project Rozana representatives and implementing partners. As Project Rozana is committed to non-discriminatory and respectful behaviour, all forms of misconduct are considered unacceptable.

Project Rozana has zero tolerance towards the sexual exploitation, abuse and harassment of personnel  or the adults who engage with our programs. Whilst this policy applies to all adults, it aims to particularly reflect Project Rozana’s commitment to safeguarding vulnerable individuals. It is our responsibility to ensure that adults are not deliberately or unknowingly placed in situations which make them easily susceptible to Sexual Exploitation, Abuse and Harassment (“SEAH”) by Project Rozana representative and implementing partners. Project Rozana is thus committed to ensuring that safeguarding measures are embedded, accessible and clearly communicated to all Project Rozana representatives.

Our Child Protection Policy and Procedures are relevant to any matters relating to children.

Project Rozana has a commitment to operating within a survivor-centric approach and will respect the wishes and dignity of the survivor and consider the need for counselling. As an organisation we respect the privacy of people who may be impacted by this Policy and will endeavour to uphold confidentiality, unless a person is at risk of harm to themselves or others.

3. SCOPE & PURPOSE

This policy is applicable to all Project Rozana representatives. Our implementing partners, who have direct contact with the community and beneficiaries, are encouraged to implement this policy through development of their own policy.

This policy aims to develop an organisation wide culture of increased awareness of SEAH, with a scope that covers the workplace, partner organisations and the communities we seek to serve.

Project Rozana is committed to the following seven core principles on protection from sexual exploitation, abuse and harassment (“PSEAH”):

1. Sexual exploitation and abuse by Project Rozana representatives constitute acts of gross misconduct and substantiated allegations are grounds for termination of employment.
2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of the majority or the locally recognised age of consent. Mistaken belief in the age of the child is not a defence.
3. Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour by Project Rozana Representatives is prohibited. This includes the exchange of assistance that is due to program participation.
4. Sexual relationships between Project Rozana representatives/implementing partner staff and program participants, since they are based on inherently unequal power dynamics, undermine the credibility and integrity of the work of Project Rozana. For this reason, sexual relationships between Project Rozana representatives and program participants are prohibited and must be reported in accordance with Project Rozana’s Child Protection Policy (in the case of minors) or as outlined below. Sexual relationships between implementing partner staff and program participants, are strongly discouraged. To protect against exploitation and abuse in cases where there is a sexual relationship between implementing partner staff and program participants, a conflict of interest must be declared.
5. When a Project Rozana representative has concerns or suspicions regarding SEAH by a fellow worker, whether in Project Rozana or a partner organisation/community, he or she must immediately report such concerns via the reporting mechanisms as outlined within this policy. As this applies to Project Rozana representatives who have concerns regarding alleged perpetrators of SEAH, in cases where a victim has a concern, they may control whether reports of incidents against them are reported.
6. Project Rozana representatives are obliged to create and maintain an environment that prevents SEAH and promotes the implementation of this Policy. Project Rozana managers at all levels have responsibilities to support and develop systems which maintain this environment.
7. Project Rozana Representatives are prohibited from engaging with commercial sex workers or engaging in prostitution of any form whilst on a work trip (including travel time, field visits and leisure time) and representing Project Rozana even if commercial sex work is legalised in that country. This kind of conduct goes against our organisational values as per the Project Rozana Code of Conduct and any such conduct, as substantiated, will constitute grounds for disciplinary measures including summary dismissal, under Project Rozana’s relevant policies or discontinuation of partnership/funding under relevant MOUs and partnership/funding agreements.

4. DEFINITIONS

The DFAT Preventing Sexual Exploitation, Abuse and Harassment (PSEAH) Policy uses the following definitions of sexual exploitation, sexual abuse and sexual harassment, which Project Rozana adopts:

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. It covers sexual offences including but not limited to attempted rape (which includes attempts to force someone to perform oral sex); and sexual assault (which includes non-consensual kissing and touching). All sexual activity with someone under the age of consent (in the law of the host country or under Australian Capital Territory law [16 years], whichever is greater) is considered to be sexual abuse.

Sexual harassment: A person sexually harasses another person 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. Sexual harassment can take various forms. It can be obvious or indirect, physical or verbal, repeated or one-off and perpetrated by any person of any gender towards any person of any gender. Sexual harassment can be perpetrated against beneficiaries, community members, citizens, as well as staff and personnel.

Safeguarding:  Actions, policies and procedures that create and maintain protective environments to protect people from exploitation, abuse and harm of all kinds.

Child: A child is a person under the age of 18, irrespective of who is counted as child (based on age) in their local country.

Vulnerable adults: Vulnerable adults are people over the age of 18 who may be placed in a position of vulnerability and inability to care for themselves or protect themselves from any harm or exploitation. Individuals could be vulnerable to PSEAH due to their: gender, race, ethnicity, religious identity, mental or physical health, disability, sexual orientation, economic or social status, or being located in disaster or conflict prone regions.

Confidentiality: Refers to the protection of personal information. TAI will endeavour to upkeep confidentiality when dealing with concerns, issues and suspected cases, unless a person is at risk of harm to themselves or others.

Representatives: This term covers Project Rozana funded activities and includes the following:

1. Employees

2. Volunteers

3. Interns and work experience students

4. Board members

5. Individual contractors and consultants working for Project Rozana

6. Project Partners

7. Supporters of Project Rozana

Transactional sex: The exchange of money, employment, goods, services or other benefit for sex, including sexual favours.

Complainant: The person who raises the complaint. This may or may not be the alleged victim in the matter.

Victim: Once proven to be true or correct, the complainant who has alleged having been sexually exploited, abused or harassed can be referred to as the victim.

Subject: This is the person against whom the allegation of SEAH or Sexual harassment has been brought on by the complainant and is the focus of the investigation.

Perpetrator: This is a person who has been proven to have committed the SEAH.

5. POLICY PRINCIPLES

Principle 1: Zero tolerance of inaction of incidents of SEAH

Sexual exploitation, abuse and harassment are never acceptable. Project Rozana defines zero tolerance as acting on every allegation in a fair and reasonable way with due regard for procedural fairness. Reports of incidents may increase as organisations improve safeguards. Increasing reports may indicate growing awareness of SEAH and changing attitudes, with victims/survivors feeling more comfortable to report and organisations more likely to take action. The reporting of incidents and responses is an indicator that the risk of SEAH is being managed appropriately.

Principle 2: Shared responsibility

Preventing SEAH is everyone’s responsibility. Project Rozana requires the commitment, support and investment of its Representatives and partners for this policy to be effective. All organisations have a responsibility to build their capacity to deal sensitively and effectively with SEAH that occurs in the course of their work.

Principle 3: Victim/survivor centred approach

Action to address SEAH should be underpinned by a “do no harm” approach prioritising the rights, needs, and wishes of the victim/survivor, while ensuring procedural fairness to all parties. This approach:

• treats the victim/survivor with dignity and respect
• involves the victim/survivor in decision making
• provides the victim/survivor with comprehensive information
• protects privacy and confidentiality
• does not discriminate based on gender, age, race/ethnicity, ability, sexual orientation, or other characteristics
• considers the need for counselling and health services to assist the victim/survivor with their recovery.

Principle 4: Gender inequality and other power imbalances are addressed

Additionally, gender inequality and other imbalances based on the distinctions of worker/beneficiary, ability/disability, ethnic and indigenous status, religion, gender identity and sexual orientation, age, health and poverty, can also result in SEAH. The intersection of gender with other forms of inequality can further increase the likelihood of SEAH occurring. Engagement with intended beneficiaries should be based on respect for diversity, promotion of gender equality and social inclusion, accountability, and a strong “do no harm” focus.

Although they are not in scope for this Policy, children are at high risk of SEAH — particularly children with disability, children living in residential or institutional care, children who have experienced previous trauma or abuse, and gender diverse children and young people. Project Rozana’s commitment to safeguarding children from SEAH is covered by Project Rozana’s Child Protection Policy.

Principle 5: Accountability and transparency

Sexual exploitation, abuse and harassment is a failure of responsibility. Project Rozana is not only accountable to its donors, but also to the communities which it seeks to help. Stronger reporting allows Project Rozana to better monitor SEAH, understand risks, improve assurance and work with organisations to improve systems and safeguards accordingly.

6. POLICY OBJECTIVES

The objectives of this policy are to:

• Promote appropriate standards of conduct with respect to SEAH through consistent and intentional awareness raising and training
• Implement increased and ongoing capacity and awareness raising strategies to ensure that all Project Rozana representatives and implementing partner staff know their rights and responsibilities regarding PSEAH
  alongside other key policies (as per the Related Policies and Procedures section below) which must work in tandem with this.
• Create and maintain an environment which is free from workplace sexual harassment and promotes the implementation of relevant codes of conduct and behavioural standards.
• Prevent the SEAH of adults, including vulnerable adults, who interact/engage with Project Rozana representatives and/or implementing partner staff during the course of our work.
• Encourage the reporting of behaviours which breach this policy and related policies, notably the EEO, Anti-Discrimination, Harassment and Bullying, and Child Protection policies.
• Continuously socialise and train Project Rozana representatives on complaints handling and whistleblowing policies and procedures based on the principles of procedural fairness, ensuring all complaints are managed in a sensitive, fair, timely and confidential manner as appropriate.
• Ensure protection from any victimisation or reprisals for the complainant and the whistleblowers.

7. PROCEDURES

7.1 Risk assessment

This policy takes a risk-based, proportional approach to Prevention of Sexual Exploitation, Abuse and Harassment (PSEAH). Project Rozana staff and partners must assess the level of risk for SEAH occurring and apply PSEAH Minimum Standards adopted from DFAT (Attachment A) commensurate with the level of risk identified. The higher the risk, the greater the controls required.

If no SEAH risk is identified in the delivery of Project Rozana business, then:

• no minimum standards need to be applied under this Policy; this should be documented in accordance with organisational risk management practices and be agreed by the relevant decision- maker
• the risk of SEAH should be monitored throughout activity delivery, as part of standard risk management practice.

If Project Rozana staff determines a risk of SEAH exists, the level of risk (low, medium, high or very high – see Appendix B for details) must be established based on the likelihood and consequence of that risk occurring as outlined in Project Rozana Risk Management Policy. Risk management processes should also be established to mitigate risks. To determine the risk of SEAH, a comprehensive assessment must be formed by considering the business/activity along with organisational and reputational risks and how they may intersect.

Using a risk-based approach, the DFAT PSEAH Minimum Standards are applied commensurate with the level of risk identified:

• Low Risk – apply Minimum Standards 1 and 2
• Medium Risk – apply Minimum Standards 1 – 3
• High Risk – apply Minimum Standards 1 -5
• Very High Risk – apply Minimum Standards 1 to 7

8. ROLES AND RESPONSIBILITIES

The Project Rozana Australia Executive Director is tasked with the responsibility of monitoring this policy and overseeing the implementation and regular updating of the policy across the Project Rozana organisation. This person is also the appointed Safeguarding Officer for Australia.

The Project Rozana Israel Office Executive Director is the appointed Safeguarding Officer for Israel and will be responsible for checking all prospective partners against the listed individuals and organisations and documenting this check.

The Project Rozana Australia Executive Director and the Israel Office Executive Director will ensure that all employees and volunteers uphold and operate in accordance with this policy. They are responsible for:

• Taking a lead role in raising awareness about the organisation’s PSEAH measures including the Code of Conduct and provide training and advice to
  staff and volunteers on these measures
• Requiring applicants to disclose whether they have had a substantiated SEAH claim made against them in Australia or overseas in the Job Application Form or Consultant Agreement
• Work with project partners to ensure that staff and volunteers are integrating PSEAH measures into all Project Rozana related activities and that they are aware of reporting protocols
• Ensuring that primary stakeholders are aware of Project Rozana’s PSEAH measures and their right to protection including how they would raise a concern about SEAH
• Receive reports in regards to SEAH, responding in accordance with Project Rozana;s procedures and providing referral or next step advice
• Assist in investigating reported SEAH incidents, where appropriate
• Discuss subsequent action required, to ensure the safety and welfare of individuals in cases of SEAH caused by Project Rozana
• Access technical support in particular in regard to complex SEAH issues
• Coordinate regular reports to the Board in both countries and the International Board on the implementation of PSEAH measures.

9. REPORTING

Project Rozana Representatives are expected to comply with the principles and reporting requirements specified in this Policy. Reporting is for any suspected or alleged cases of SEAH perpetrated by anyone within scope of the Policy in connection with official duties or business.

Project Rozana will report any suspected or alleged incidents of SEAH or policy non-compliance to the Board of Directors. Wherever possible this should de-identify the victim/survivor, consistent with a survivor-centred approach.

Where safe to do so, and when in accordance with the wishes of the victims, survivors and whistleblowers, all alleged SEAH incidents that involve a criminal aspect should be reported through the correct local law enforcement channels. To protect the privacy of alleged perpetrators, victims/survivors, and whistleblowers, information provided to Project Rozana will be handled in accordance with the Privacy Act 1988 (Cth).

If a Project Rozana Representative believes they have been subject to SEAH or if SEAH is believed or suspected to have occurred, there are rigorous procedures in place to ensure that any complaint or query is treated confidentially, taken as seriously as possible, and acted on promptly. In accordance with Principle 3 — Victim/survivor needs are prioritised — victims’ and survivors’ safety and wellbeing must be paramount to reporting and their information treated confidentially.

If in doubt, Project Rozana Representatives should report an alleged incident. In line with Principle 1 — Zero tolerance of inaction — individuals and organisations found not reporting alleged incidents will be viewed as being non-compliant.

In its offices in each country, a senior staff member is appointed as a PSEAH focal person. In the Australian and Israeli Offices, the PSEAH focal person is the role of the Executive Director. A focal person provides a key role in raising awareness throughout the organisation and in coordinating, supporting and advising on the development and implementation of the PSEAH policy and practices.

The responsibilities of Project Rozana SEAH focal persons (Safeguarding Officers) include:

• Promoting PSEAH policy widely within the organisation on a regular basis to ensure that all Project Rozana employees, volunteers, contractors and other Project Rozana representatives are aware of the policy and their rights and responsibilities and consequence of breaching the policy.
• Conducting regular training sessions on SEAH for Project Rozana employees, volunteers and project partners about recognising sexual harassment, what is, and what is not, sexual harassment, how to report concerns and how to use the complaint process.
• Incorporating the PSEAH policy into Project Rozana’s HR Manual which also contains expected Code of Conduct and which is a component of an induction process of new staff, volunteers and contractors.
• Outline a commitment to developing materials that promote reporting mechanisms in languages and media that are appropriate and understandable to communities and contexts where your organisation is working.
• Working with Project Rozana partners to ensure their commitment to PSEAH and provide assistance with development and implementation PSEAH policy.

To report alleged or suspected SEAH Project Rozana Representative can approach:

• The PSEAH focal person (Safeguarding Officer)
• Any member of the Project Rozana Board of Directors
• A trusted person, colleague or friend, who is willing to support them to raise a concern and/or test their perception of events.

Representatives should state they are using the Whistleblowing Policy and specify whether they wish for their identity to be kept confidential. People choosing to raise their concerns in writing must use the template Project Rozana Incident Report contained in Appendix A.

10.  SEAH COMPLAINT HANDLING PROCEDURE

Once a SEAH incident report is received it gets forwarded to the Executive Director or, if the complaint is about the Executive Director to the Chair of the Board. The Executive Director or Chair responds to the author of the complaint thanking them for their concern and bringing it to Project Rozana’s attention and informing them the matter will be investigated.

Reports of SEAH of individuals under the age of 18 will be handled according to procedures outlined in the Project Rozana Child Protection Policy.

Where a complaint does not involve the Executive Director, and the complaint is of a medium or high risk as specified by the Risk Rating Matrix in Project Rozana’s Risk Management Policy, the Executive Director will inform the Project Rozana International Board and relevant in-country Board of the complaint.

The Executive Director will do an initial assessment to confirm it is a valid report and begin investigation. The Executive Director will keep the Project Rozana Boards updated on the progress of the investigation.

Once the Executive Director has finalised their investigation and report, the Boards and the informant will be updated. At this point, the Executive Director will hand everything over to the relevant Project Rozana Board for any subsequent action to take place.

Where the complaint is medium or high risk the Executive Director will inform the author and the Boards of the result of the investigation.

Project Rozana will ensure that if a complaint is made about SEAH:

• It is handled in accordance with the principles outlined in this policy
• As employer, Project Rozana meets its equal obligation to both the complainant and the respondent to uphold their rights and provide support
• Complaints are dealt with impartially, without bias and in a timely and sensitive manner
• Information about a complaint is only provided to those people who need to know in order for the complaint to be actioned properly
• The respondent is informed about any allegations made against them and is given the opportunity to respond to those allegations
• Those involved are informed about the process for resolving complaints
• Those involved are protected against any victimisation or reprisals and employees are assured that no action will be taken against them if they speak up
• There is a clearly defined review process to ensure the resolution is working satisfactorily and to confirm that no victimisation has resulted from the complaint
• Issues are resolved at the most appropriate level of intervention, subject to the rights of the complainant.

11. INTERVENTIONS

If an employee believes they have been exposed to SEAH, or has witnessed SEAH, trying to resolve issues at the lowest appropriate level of intervention may sometimes be the most effective and satisfactory way of dealing with unacceptable behaviour.

11.1 Self-help and supported self-help

Self-help involves an employee letting the respondent know that their behaviour is unwelcome, inappropriate or offensive and needs to stop. This may resolve the matter quickly and in a low-key manner. This may be appropriate where sexual harassment is minor, and the employee does not feel seriously harmed or threatened by approaching the person.

Self-help actions could be that the employee:

• Tells the person directly about the behaviour they do not like, and asks them to stop it
• Writes a letter on a ‘private and confidential’ basis to the person
• Takes a support person to tell the person that the behaviour needs to stop.

Employees should not approach someone directly about their behaviour if by doing so they would feel unsafe or threatened in any way.

Resolution may involve a verbal or written apology or agreement on how the parties will behave towards one another in future.

11.2 Informal intervention

Another informal way of dealing with sexual harassment and bullying is for an employee to ask for someone else to intervene on their behalf on an informal basis, either their manager or a colleague or friend.

The person who is intervening will:

• Discuss what happened and what is needed to resolve the situation
• Listen impartially
• Clarify the facts being reported
• Discover what appropriate action the employee is seeking
• Clarify the complaints procedure options and Project Rozana sexual harassment and bullying policy
• Discuss options with the employee and, if appropriate, the respondent and decide on an informal or formal approach
• Document the situation and outcome.

If there is agreement on what happened and what will resolve the situation, the issue can be resolved confidentially between the people concerned.

Mediation may be pursued to resolve complaints at this level.

11.3 Mediation

In some instances, arranging for a complainant and respondent to discuss the complaint with a skilled mediator may be an appropriate way to address the issue. Both parties need to agree to mediation.

Mediation is not always appropriate to resolve behaviour issues, particularly if there is a power  imbalance. Mediation may be suitable where:

• There is basic agreement on the facts
• Both parties agree to try to resolve the situation through this method
• The harassment is of a low level and serious disciplinary consequences do not appear warranted.

If a complainant and the respondent cannot resolve the complaint through mediation, then formal options are available.

11.4 Formal intervention

The decision whether or not to proceed to a formal investigation will be made by the person receiving the complaint in consultation with Executive Director, or if the Executive Director is the initial recipient of the complaint, a member of the Project Rozana Board of Directors.

12. OUTCOMES

Where allegations are admitted or substantiated, the outcomes for the respondent of breaching this policy may range from an apology, counselling and training to warnings and dismissal. Disciplinary action will match the seriousness of the breach. Factors considered in determining the level of seriousness include the nature of the conduct and whether or not the person breaching the policy was in a position of trust or authority in relation to the complainant. Outcomes may also include interventions such as supportive counselling, a change in the work environment, or participation in mediation.

Where allegations are not substantiated it may still be appropriate to undertake some action, for example, refresher training or communications training. This ought not to single out or punish the respondent if there has been no finding.

13. RELATED POLICIES AND PROCEDURES

This Policy should be read in conjunction with the following:

• Child Protection Code of Conduct
• Child Protection Policy & Procedures
• Code of Conduct
• Gender Equity & Anti-Discrimination Policy
• Whistleblower Policy
• Feedback & Complaints Handling Policy
• Risk Management Framework
• Partnership Policy

 APPENDIX A:

PROJECT ROZANA SEXUAL EXPLOITATION, ABUSE AND HARASSMENT (SEAH) INCIDENT NOTIFICATION FORM

What is this form for?

In accordance with the Project Rozana Preventing Sexual Exploitation, Abuse and Harassment (PSEAH) Policy, all Project Rozana staff, partners and the staff and/or management of all institutions supported by Project Rozana must report alleged sexual exploitation, abuse and harassment (SEAH) incidents when they occur in the conduct of the development assistance work. This form is for organisations or individuals (including Project Rozana management and staff, as well as volunteers and Board members) to report an alleged incident to Project Rozana.

Please complete the form and email to: confidential@projectrozana.org or call: +61 3 9272 5600. If you do not have email access, please telephone +61 3 9272 5600 to report a SEAH incident. If you require assistance in completing this form, please contact us by email or telephone.

It may not always be obvious if a SEAH incident relates to a Project Rozana-supported program or activity. If in doubt, please still report. Project Rozana takes a victim/survivor centred approach to the reporting of alleged SEAH incidents. Incidents should only be reported where it is safe to do so and where it is in line with the victim/survivor’s wishes. Information that identifies individuals does not need to be reported.

Privacy Notification

This notice explains how Project Rozana will collect, use and disclose the personal and sensitive information collected through this form in accordance with our obligations under the Australian Privacy Principles (APP) and the Privacy Act 1988 (Commonwealth Privacy Act). Personal information may include an individual’s name, signature, address, telephone number, date of birth and any commentary or opinion about Project Rozana: Sensitive information may include information about a person’s health or racial/ethnic origin.

Project Rozana’s collection, use and disclosure of information collected in this form: Project Rozana reasonably believes that the collection, use or disclosure of the information, including personal information in this form is necessary in order for Project Rozana to:

• manage the risks of SEAH and SEAH incidents in the provision of development assistance;
• take appropriate action where it suspects that unlawful activity or misconduct of a serious nature has been or is being engaged in, and;
• lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety

If we are unable to collect your personal information, Project Rozana may not be able to contact you and to make further enquiries about the alleged incident you have reported.

Project Rozana Privacy Policy

Further information about how:

(a) you can access and seek correction of personal information that Project Rozana holds about you; and

(b) to make a complaint if you have a concern or believe Project Rozana may have breached an Australian Privacy Principle is available through the Project Rozana Privacy Policy.

If anyone related to this notification is in imminent danger:

In Australia – please telephone 061 3 9272 5600 Outside Australia, please phone +61 3 9272 5600or visit your local law enforcement office (if safe to do so) or another support service (e.g., a medical centre, hospital, sexual violence support centre, rape support centre, etc).

In completing this form, please provide as much information as you can or as you feel safe/comfortable to provide. In accord with our PSEAH Policy principles, Project Rozana takes a victim/survivor-centred approach to the reporting of SEAH.

PSEAH REPORT FORM

APPENDIX B: PSEAH MINIMUM STANDARDS

The Policy takes a risk-based, proportional approach to PSEAH. Project Rozana’s staff and partners must assess the level of risk for SEAH occurring and apply minimum standards accordingly. The PSEAH Minimum Standards are then applied commensurate with the level of risk identified.

LOW, MEDIUM, HIGH, VERY HIGH RISK

Minimum standard:
1. Have a PSEAH policy or other documented policies and procedures in place and clearly communicate expectations of this Policy.

Obligations for Organisations:
Must have a PSEAH policy or other documented policies and procedures in place, which clearly meet the expectations of this Policy.

2. Have reporting and investigation procedures in place.
Obligations for Organisations:
The PSEAH policy, or equivalent, documents how SEAH incidents will be managed, reported and investigated. Reporting and investigation processes must include engagement of and reporting to senior management and executive boards.

MEDIUM, HIGH, VERY HIGH RISK

Minimum standard:
3. Have risk management processes that include the risk of SEAH.
Obligations for Organisations:
Have effective risk management processes that include consideration of the risk of SEAH. The process must document the controls already in place or to be implemented to reduce or remove risks.

HIGH, VERY HIGH RISK

Minimum standard:
4. Effective PSEAH training in place.
Obligations for Organisations:
PSEAH training for personnel, including downstream partners and individuals that deliver DFAT business.

Minimum standard:
5. Recruitment and screening processes and employment practices address and manage the risk of SEAH.
Obligations for Organisations:
Can demonstrate robust PSEAH recruitment and screening processes for all personnel/consultants including having in place appropriate and enforceable standards of conduct.

VERY HIGH RISK

Minimum standard:
6. Prohibit transactional sex for all personnel, while engaged in the direct delivery of DFAT business.
Obligations for Organisations:
Prohibits transactional sex in the field for all staff and downstream partners while engaged in the delivery of Project Rozana business.

In line with our values of transparency and integrity, Project Rozana will provide stakeholders and the general public with information about our operations and programs.

Examples of information which Project Rozana can share openly include our legal status, purpose and governance structure; descriptions of our programs and projects; organisational policies, financial and annual reports, strategic documents, memberships and accreditations, our strategic partners and main supporters and case stories from our projects.

Project Rozana aims to increase accountability, transparency, openness and participation by sharing this information. Additionally, where information is requested Project Rozana will endeavour to provide this information where it is deemed to be within the interest of stakeholders, partners, donors, supporters, media and the general public.

How to request information

The Project Rozana website contains a vast amount of information which you may wish to access. If the requested information is not available on the website you can contact Project Rozana using the contact details below.

Email:  info@projectrozana.org

Phone: +61 3 9272 5600

Mail: PO Box 2400, Caulfield Junction, Vic 3161 Australia

Each request should contain the information requested with dates and any other details as required.

The Executive Director will ensure that all requests for information are addressed in the appropriate manner. A request for information will be acknowledged within 5 business days and responded to within 20 business days. Where a request for information is denied reasons will be provided.

Declining access

Requests may be denied for various reasons including where requests are not made in good faith or are deemed to be vexatious. Information will not be provided where it may impact on the security of our staff, privacy concerns, breach of confidentiality or copyright limitations.

Project Rozana considers that the cost of disclosure, whether as a time cost or a monetary cost, would be disproportionate to the request, the request may be declined.

Languages

Project Rozana information is published in English; some policies have been translated into Arabic and Hebrew.

Historical information

Information prior to the commencement of this policy may be considered however while Project Rozanan will make reasonable efforts to deal with requests for this information, it is more likely that historic information will not be disclosed.

Appeals process

An appeals process is available to the requester if they are not satisfied with the outcome of their request. This would be reviewed by the Board.

1. PREAMBLE

This policy was written by Project Rozana in Australia. It may be used as a template across all Project Rozana offices. Project Rozana operates five offices registered in each of Australia, USA, Canada, UK and Israel, which are part of the Project Rozana Global Alliance. In this policy, ‘Chair’ means Chair of Project Rozana International. Unless specified otherwise the ‘Board’ refers to the board of Project Rozana Australia.

2. INTRODUCTION

Project Rozana requires all Representatives to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. All Representatives of Project Rozana must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations.

Project Rozana is committed to fostering a culture which encourages raising concerns about unethical and unacceptable conduct and behaviour. We encourage the disclosure of suspected wrongdoing and are committed to providing a safe environment for disclosures to be made without fear of retaliation or reprisal.

Project Rozana will respond in a timely manner to all disclosures of actual or suspected wrongful acts, act confidentially within relevant laws and take steps to protect those personnel who make such disclosures from detrimental treatment.

3. DEFINITIONS

For the purpose of this policy, a whistleblower is a Project Rozana Representative who attempts to make or wishes to make a report in connection with a wrongful act under this policy and who wish to avail themselves of the protection offered by this policy.

A wrongful act includes, but is not limited to:

• Breaches of legal obligations (including negligence, breach of contract, breach of administrative law);
• Criminal offences;
• Mismanagement of funds;
• Actual or suspected fraud;
• Abuse of authority;
• Disclosures related to miscarriages of justice;
• Health and safety risks, including risks to the public as well as other employees;
• Damage to the environment;
• The unauthorised use of organisational funds;
• Possible fraud and corruption;
• Sexual or physical abuse of staff or program recipients
• Other unethical conduct; or
• The concealment of any of the above.

A Project Rozana Representative refers to: all individuals and institutions who act on behalf of Project Rozana regardless of whether or not there is a formal legal agreement between them and Project Rozana. This includes, but is not limited to, all directors, employees, contractors, consultants, advisors, volunteers and implementing partners irrespective of which country their role is situated.

4. PURPOSE

The purpose of this policy is to:

a) Encourage the reporting of matters that may cause harm to individuals or financial or nonfinancial loss to Project Rozana or damage to its reputation;

b) Enable [Project Rozana to deal with reports from whistleblowers in a way that will protect the identity of the whistleblower as far as possible and provide for the secure storage of the information provided;

c) Establish policies for protecting whistleblowers against reprisal by any person internal or external to the entity;

d) Provide for the appropriate infrastructure;

e) Help to ensure Project Rozana maintains the highest standards of ethical behaviour and integrity.

5. RESPONSIBILITIES

The Executive Director, Australia is responsible for the implementation of the Whistleblower Policy. All staff and all volunteers are responsible for reporting breaches of general law, organisational policy, or generally recognised principles of ethics to a person authorised to take action on such breaches.

6. POLICY

6.1 Concerns regarding illegal or corrupt behaviour

As a Project Rozana Representative, you are encouraged to make a report under this policy if you know about or have reasonable grounds to suspect wrongdoing with respect to Project Rozana or any of its partners (“reportable conduct”).

Reportable conduct may include:

• Breaches of legal obligations (including negligence, breach of contract, breach of the Corporations Act 2001 (Cth) (Corporations Act), Taxation Administration Act 1953 (Cth), The Australian Charities and Not-for-profits Commission Act 2012 (Cth);
• Criminal offences;
• Fraud, negligence, default, breach of trust and breach of duty (“misconduct”), corruption, money laundering, terrorism financing or any other conduct which contravenes our Fraud Prevention Policy and Anti-Terrorism and Money Laundering Prevention Policy;
• Mismanagement or unauthorised use of organisational funds;
• Abuse of authority;
• Health and safety risks, including risks to the public as well as other personnel;
• Harassment, discrimination, victimisation and bullying, other than personal work-related grievances (see our Grievance Policy);
• Sexual exploitation, sexual abuse or physical abuse of other personnel, children or vulnerable adults;
• Conduct that is contrary to, or a breach of, our policies (including our Code of Conduct which is available on our website (www.projectrozana.org);
• Conduct which may cause financial loss or damage to our reputation or be otherwise detrimental to our interests.

7. PROCEDURES

7.1 Confidentiality

If a wrongful act or a suspected wrongful act is reported under this policy, Project Rozana will endeavour to protect the whistleblower’s identity. In order not to jeopardise the investigation into the alleged wrongful act, the whistleblower is also expected to keep the fact they have raised a concern, the nature of the concern and the identity of those involved confidential. Generally, Project Rozana will not disclose the whistleblower’s identity unless:

• The whistleblower consents to the disclosure;
• The disclosure is required or authorised by law; and/or
• The disclosure is necessary to further the investigation.

Mostly, reports made under this policy will be treated confidentially. However, when a report is investigated it may be necessary to reveal its substance to people such as other Representative, external persons involved in the investigation process and, in appropriate circumstances, law enforcement agencies. At some point it may also be necessary to disclose the fact and the substance of a report to the person who is the subject of the report.

Project Rozana will take reasonable precautions to store any records relating to an Incident Report of a wrongful act securely and to permit access by authorised personnel only. Unauthorised disclosure of information relating to a report, the identity of the whistleblower or information from which the identity of the whistleblower could be inferred will be regarded seriously and may result in disciplinary action, which may include dismissal.

7.2 Protection of whistleblowers

No person who raises genuinely held concerns in good faith under this policy will be dismissed or subjected to any detriment as a result of such action, even if the concerns turn out to be unfounded. Detriment includes, but is not limited to, unwarranted disciplinary action and victimisation in any of the following forms:

• Dismissal;
• Demotion;
• Any form of harassment;
• Discrimination;
• Current or future bias; or
• Threats of any of the above.

Any such retaliatory action will be treated as serious misconduct and will result in disciplinary action which may include dismissal.

If a whistleblower believes retaliatory action has occurred or has been threatened, the whistleblower has the right to make a submission to the Project Rozana Board. The Project Rozana Board is independent of management and will arbitrate the matter.

7.3 Whistleblowers implicated in a wrongful act

Even though a whistleblower may be implicated in the wrongful act, they will not be subjected to any actual or threatened retaliatory action or victimisation in reprisal for making a report under this policy. However, making a report will not necessarily shield the whistleblower from the consequences flowing from that person’s involvement in the wrongful act. In some circumstances an admission may be a mitigating factor when considering disciplinary or other action.

7.4 False disclosures

Project Rozana will treat all disclosures of wrongful acts seriously and protect staff who raise concerns in good faith. However, while protection is provided to whistleblowers under this policy, deliberate false reports will not be tolerated and anyone found making a deliberate false claim or report will be subjected to disciplinary action, which could include dismissal.

7.5 Procedure for raising a concern

Project Rozana has an open door policy and suggests that Representatives share their questions, concerns, suggestions or complaints with their supervisor which in most cases will be the Executive Director. Complaints regarding the Executive Director should be directed to the Chairperson.

Concerns may be raised verbally or in writing and should include full details together with any supporting evidence that may be available. Representatives should state they are using the Whistleblowing Policy and specify whether they wish for their identity to be kept confidential.

Representatives choosing to raise their concerns in writing must use the template Project Rozana Incident Report.

7.6 How a disclosure will be handled

All disclosures will be taken seriously, and the following procedure will be used:

(a) The whistleblower must disclose at the outset, any personal interest they may have in the matter. This must include full disclosure of any involvement the whistleblower has had in the matter.

(b) The person to whom it was raised (see 5.5) shall manage the disclosure (the Disclosure Manager).

(c) The Disclosure Manager will identify a suitable individual who will be instructed to conduct an investigation into the allegation. This person may be internal or external to Project Rozana. Project Rozana undertakes to start the investigation within two weeks of the disclosure. The length and scope of the investigation will depend on the subject matter of the disclosure. In most instances, there will be an initial assessment of the disclosure to determine whether there are grounds for a more detailed investigation to take place or whether the disclosure is, for example, based on erroneous information.

(d) The whistleblower may be asked to provide more information during the course of the investigation.

(e) The person investigating the disclosure will prepare an investigation report that will be reviewed by the Disclosure Manager.

(f) Appropriate action will be decided by the Disclosure Manager in discussion with Board. Action may include initiating a disciplinary process, or informing external authorities if a criminal action has been committed, eg fraud or theft. If referral to an external authority is necessary the Board will be advised and the whistleblower will be informed, although if Project Rozana considers it appropriate to do so, such a referral may need to be made without the whistleblower’s knowledge or consent.

(g) If it is found that there is not sufficient evidence of a wrongful act, or the actions of the individual(s) are not serious enough to warrant disciplinary action, it may be appropriate for the Disclosure Manager to take a more informal approach to dealing with the matter. In this circumstance possible outcomes of the investigation could be that:

• The allegation could not be substantiated; or
•  Action has been taken to ensure that the problem does not arise again.

(h) If the whistleblower is not satisfied with the response, they have received they have the option to raise the matter directly with a Board member directly.

8. CORRECTIVE ACTION AND COMPLIANCE

Should allegations be found to be unsubstantiated, every effort will be made to address any negative effects on the reputation and morale of personnel involved. As part of the investigation into disclosures made under this policy, recommendations for change will be invited from the investigator to enable Project Rozana to minimise the risk of the recurrence of any wrongful act that has been disclosed. The Disclosure Manager will be responsible for reviewing and implementing these recommendations.

9. MANAGEMENT OF A PERSON AGAINST WHOM A REPORT IS MADE

Generally, the person who is the subject of any report that is investigated, will:

• Be informed as to the substance of the allegations;
• Be given the opportunity to answer the allegations before any investigation is finalised;
• Be informed about the substance of any adverse comments that may be included in any report arising from the investigation before it is finalised; and
• Have their defence set out fairly in any report.

Project Rozana recognises that individuals against whom a report is made must also be supported during the handling and investigation of the alleged wrongful act. Project Rozana will take reasonable steps to ensure the person who is the subject of a report, is treated fairly, particularly during the assessment and investigation process. Support provided by Project Rozana may include referral for counselling. Where a person is named by a whistleblower as being suspected of a possible wrongful act but preliminary inquiries determine that the suspicion is baseless or unfounded and that no formal investigation is warranted, then the whistleblower will be informed of this outcome and the matter laid to rest. Where an investigation does not substantiate the report, the fact that the investigation has been carried out, the results of the investigation and the identity of the person who is the subject of the report must be handled confidentially.

10. RELATED POLICIES

Other organisational policies that should be read in conjunction with this policy include:

• Code of Conduct
• Conflict of Interest Policy
• Fraud Prevention Policy

APPENDIX A

WHISTLEBLOWER REPORT FORM