Purpose

This policy has been developed to establish a set of internal safeguards for all persons with whom we come into contact, to prevent and respond to all forms of exploitation, discrimination, violence and abuse.

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Scope

The policies and procedures in this document apply to the Board, employees, volunteers, contractors, partners, affiliates, program participants, their parents, community members and anyone else who engages with Binar.

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Policy Statement

Binar is committed to promoting and protecting at all times the safety and wellbeing of people with whom we come into contact.

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Binar aims to safeguard a person’s rights to work and play in a safe (including culturally safe) environment that does not pose a risk to their health or wellbeing.
 

All people, regardless of their gender, race, religious beliefs, age, disability, sexual orientation, or family or social background, have equal rights to protection from exploitation, discrimination, violence and abuse.

Binar is committed to ensuring people are free of exploitation, discrimination, violence and abuse while engaged with Binar.
 

Binar acknowledges that exploitation, discrimination, violence and abuse may be hidden or difficult to perceive, and under-reported owing to power imbalances, fear, stigma, perceived or actual prejudice or cultural norms.

Binar will take all reported disclosures or suspicions of exploitation, discrimination, violence or abuse seriously.

Binar adopts a ‘do no harm’ approach to prioritising the rights, needs and wishes of a victim survivor of exploitation, discrimination, violence and abuse, whilst providing procedural fairness to all parties involved. Binar will focus on minimising the ongoing impact to the victim survivor and treat them with sensitivity, dignity and respect.

Anyone making a report in good faith for the purpose of investigating suspected exploitation, violence or abuse will not be subject to any civil, criminal or disciplinary action.

All employees, volunteers or contractors who have access to information regarding suspected or disclosed exploitation, discrimination, violence or abuse must observe strict confidentiality in relation to the matter and ensure that this information is kept secure.

 

Binar has a zero-tolerance approach to exploitation, discrimination, violence and abuse, and reserves the right to:

• Take disciplinary action against any employee or volunteer it believes is responsible, which may include temporary suspension of duties, dismissal, and/or the end of your involvement with Binar; and/or

• Take civil legal action.

• Report the matter to law enforcement.

 

Definitions

Abuse means all forms of physical, emotional, psychological, sexual and financial abuse or illtreatment, including any actions that result in actual or potential harm to a person.

Bullying means repeated unreasonable or inappropriate behaviour directed towards another person, or group of people, that has the potential to cause, or actually causes harm. It includes behaviour that could be expected to intimidate, insult, offend, devalue, degrade, humiliate, ignore, isolate, undermine, terrorise or threaten.

Complaint means any written or verbal statement expressing dissatisfaction, a problem or concern in relation to Binar, its operations, or the people with whom Binar is engaged.

Discrimination means unjust or prejudicial treatment of different categories of people. This includes, but is not limited to, age, gender, sex, sexual orientation, religious beliefs, ethnicity or skin colour.

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Exploitation means taking unfair advantage of a person for personal or collective benefit, whether for commercial (e.g., for financial gain) or non-commercial gain.

Harassment means the act of continued and regular, unwanted actions directed towards another person, or group of people, which may include anything from racial vilification, to annoying, derogatory or malicious remarks.

Incident refers to any behaviour, whether accidental or intentional, which causes, or could have caused serious injury or harm to another person.

Protection means any responsibility, measure or activity undertaken by Binar, or a person under the direction of Binar, to safeguard a person from harm, including exploitation, violence and abuse.
 

Reasonable Grounds for Belief is a belief based on reasonable grounds that abuse has occurred when all known considerations or facts relevant to the formation of a belief are taken into account and these are objectively assessed. Circumstances or considerations may include the source of the allegation and how it was communicated, the nature of and details of the allegation, and whether there are any other related matters known regarding the alleged perpetrator.

 
A reasonable belief is formed if a reasonable person believes that:

• Another person is in need of protection

• Another person has suffered or is likely to suffer 'significant harm' as a result of exploitation, violence or abuse

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A ‘reasonable belief’ or a ‘belief on reasonable grounds’ is not the same as having proof, but is more than mere rumour or speculation.

A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds. For example, a ‘reasonable belief’ might be formed if: 

• A person states that they have been harmed

• A person states that they know someone who has been harmed; and/or

• Observations of the person's behaviour led to a belief that the person has been harmed, or is likely to be harmed, by another person or themselves (ie. self-harm).

 

Safeguarding means protecting the welfare and human rights of people that interact with, or are affected by Binar.
 

Sexual Abuse is any act which exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards. Sexually abusive behaviours can include the fondling of genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or any other object, fondling of breasts, voyeurism, exhibitionism and exposing the child to or involving the child in pornography. It includes child grooming, which refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child to lower the child’s inhibitions in preparation for sexual activity with the child.

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Violence means any incident where a person is physically or emotionally attacked, abused, assaulted, bullied, harassed or threatened.

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Roles and Responsibilities

While the responsibility to safeguard people from harm is shared by anyone who works at or with Binar, the following people have specific responsibilities:

Board member

• Review and approval of this policy. 

• Establishing appropriate and effective policies and procedures to protect people who interact with Binar from Exploitation, Discrimination, Violence and Abuse.

• Ensuring that Binar observes all relevant laws.

• Monitoring compliance with this policy.

• Reviewing this policy annually to ensure it is operating effectively and updating it when necessary.

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Chief Executive Officer (CEO)

• Ensuring that appropriate and effective internal control systems and procedures are in place to prevent and detect Exploitation, Discrimination, Violence and Abuse. 

• Educating employees about the prevention and detection of Exploitation, Discrimination, Violence and Abuse. .

• Ensuring that all employees, volunteers, contractors and visitors are aware of:

  • Relevant laws

  • Relevant Binar policies, procedures and codes of conduct.

  • Their obligation to report suspected Exploitation, Discrimination, Violence and Abuse. 

• Providing support for employees, volunteers, contractors and visitors in undertaking their protection responsibilities.

• Protecting the identity of an employee, volunteer, contractor, child, parent or community member who reports any suspicion(s).

• Dealing with and investigating reports of Exploitation, Discrimination, Violence and Abuse transparently and accountably.

• Securely storing copies of incident reports and investigations.

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Program Coordinators

• Promoting a Safeguarding culture at all times.

• Being familiar with the types of Exploitation, Discrimination, Violence and Abuse that might occur within Binar operational control and be alert for any indications of such conduct. 

• Assessing the risk of Exploitation, Discrimination, Violence and Abuse within Binar operational control and taking actions to eradicate or minimise any risk.

• Educating volunteers about the prevention and detection of Exploitation, Discrimination, Violence and Abuse.

• Facilitating the complaints process.

• Reporting any Exploitation, Discrimination, Violence and Abuse.

• Protecting the identity of an employee, volunteer, contractor, child, parent or community member reporting any suspicion(s).

• Reporting any suspicion(s) to the CEO.
   

Employees, Volunteers, Contractors, Partners, Affiliates, Visitors, Community Members

• Provide an environment for others to work and play in.

• Be familiar with the relevant Binar policy and procedures in relation to Exploitation, Discrimination, Violence and Abuse, and comply with all requirements.

• Document and report any suspicion(s) that a person's safety may be at risk to the Program Coordinator or Manager (or, if that person is involved in the suspicion, then directly to the CEO).

• Should not interview the suspected victim, collect evidence or investigate the concern.

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PROCEDURES

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Prevention

Binar will use the following approaches to prevent Exploitation, Discrimination, Violence and Abuse:

• Recruit Board, staff and volunteers through unbiased selection processes, including reference checks (see Recruitment Policy)

• Document behaviours expected of anyone involved with Binar (see Code of Conduct)

• Document behaviours and checks required for working with children (see Safeguarding Children Policy)

• Induction processes that highlight relevant policies and procedures (see Board, Staff and Volunteer Induction Policies)

• Work with program partners to ensure they are taking action to prevent Exploitation, Discrimination, Violence and Abuse.

Binar will use its risk management approach (see Risk Management Policy) to take all reasonable steps to actively protect people from Exploitation, Discrimination, Violence and Abuse. This process will include:

• Identifying potential Exploitation, Discrimination, Violence and Abuse risks.

• Keeping the Risk Register and risk management plans for these risks current.

• Ensuring all employees, volunteers, contractors and community members understand this Prevention of Exploitation, Discrimination, Violence and Abuse Policy.

• Conducting awareness raising sessions for employees, volunteers, contractors and community members

• Encouraging reporting through the use of relevant procedures (see below).

• Monitoring and reviewing the effectiveness and proportionality of this approach.

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Resolving Issues

If an employee, volunteer, contractor or community member feels they have experienced Exploitation, Discrimination, Violence or Abuse while engaged with Binar, and they are comfortable in doing so, they may raise the issue with the offending person(s) directly with a view to resolving it through discussion. They should make the person aware what behaviour they have found
offensive, unwelcome or unacceptable, and ask that the behaviour stop immediately.

If the parties are unable to resolve the issue through discussion, they may engage a Binar representative in an informal or formal process of mediation or conciliation to resolve the issue, in a non-confrontational and confidential manner.

The issue will be considered resolved if the offending person’s unwelcome behaviour ceases to the satisfaction of the injured party and/or complainant(s).

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Handling Complaints

If the unwelcome behaviour continues, or if the victim feels unable to speak to the offending person(s) directly, they should contact a Binar representative to make a Complaint in line with Binar’s Feedback (including Complaints) Policy.

If the Complaint cannot be resolved immediately and/or requires further investigation and escalation, the Binar representative will follow the formal investigation and response procedures laid out in the Feedback (including Complaints) Policy and the details will be recorded in the Feedback Register.

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Reporting Incidents

Whenever a Binar representative receives a Complaint, or becomes aware of an Incident, they must determine if there are reasonable grounds to suspect Exploitation, Discrimination, Violence and Abuse of another person. If so, they must report this matter to the relevant Program Coordinator or Manager as soon as practicable and within 24 hours, using a Incident Reporting
Form.

In situations where a Program Coordinator or Manager is suspected of involvement in the matter, or if the Binar representative does not believe that the matter is being appropriately addressed or dealt with by the Program Coordinator or Manager, they should report the matter directly to the CEO.

The Program Coordinator or Manager must, in all cases, report all suspected Exploitation, Discrimination, Violence and Abuse to the CEO.

Where the suspicion involves, or may involve, a child, the Binar representative should follow the procedures laid out in the Safeguarding Children Policy and use the Safeguarding Incident Response Form.

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Criminal Conduct
Some forms of Exploitation, Discrimination, Violence or Abuse (such as, but not limited to, child labour, forced labour, racial vilification, assault, sexual assault, family violence, stalking, obscene phone calls, indecent exposure, use of pornographic images, prostitution, etc.) may constitute criminal conduct.

 

Such suspicions should be investigated by the relevant Authorities as part of the criminal justice system.

 

The CEO must decide whether to report the suspected Exploitation, Discrimination, Violence and Abuse to the relevant Authorities (such as the WA Police).

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Investigating Incidents

External Investigation

• If the WA Police decide to conduct an investigation, all employees, volunteers, contractors and community members involved must co-operate fully with the investigation.

• The CEO will notify the Board of a State Authority’s decision to investigate.

• The CEO will collaborate with the relevant State Authority to ensure that a full investigation is undertaken.

• The CEO will make every effort to keep any such investigation confidential; however, from time-to-time other people who were directly involved may need to be consulted in conjunction with the investigation.

• The CEO will notify the Board, the relevant Program Coordinator, Manager and the people concerned of the outcome of the investigation in a timely manner, including any action to be taken.

Internal Investigation

• Whether or not State Authorities decide to conduct an external investigation, the CEO will consult with those authorities to determine whether an internal investigation is appropriate.

• If it is decided that such an investigation will not conflict with any proceeding of the authorities, the CEO will conduct an internal investigation.

• Any such investigation will be conducted according to the rules of natural justice, whilst prioritising the rights, needs and wishes of a victim survivor.

• All employees, volunteers and contractors involved must co-operate fully with any internal investigation.

• The CEO will make every effort to keep any such investigation confidential; however, from time-to-time other people who were directly involved may need to be consulted in conjunction with the investigation.

• After an initial review and a determination that the incident warrants additional investigation, the CEO will coordinate the investigation with the appropriate investigators and/or law enforcement officials.

• Internal or external legal representatives will be involved in the process, as deemed appropriate.

• The CEO will notify the Board, the relevant Program Coordinator, Manager and the people concerned of the outcome of the investigation in a timely manner, including any action to be taken.

• The findings of the investigation will also be reported to any professional accreditation body as required.

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Managing Incidents

• If it is alleged that an employee, volunteer, or contractor may have committed an offence or have breached Binar’s policies or its Code of Conduct, the person concerned may be stood down (with pay, where applicable) while an investigation is conducted.

• If the investigation concludes that that there are Reasonable Grounds for Belief that an offence, or a breach of the Binar’s policies or its Code of Conduct, has occurred then disciplinary action may follow, up to and including dismissal or cessation of involvement with Binar.

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Privacy and Data Protection

• All personal information considered or recorded while managing and responding to an incident will respect the privacy of the individuals involved, unless there is a risk to someone’s safety.

• The people involved are entitled to know how their personal information is being recorded, what will be done with it, and who will be able to access it.

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