Family Violence
Prevention Legal Services
Policy Manual
December
2009
TABLE OF CONTENTS
1.Organisational
profile
Name:(name of organisation/program)
Auspicing organisation (if
relevant):(name of auspicing organisation)
Street address:(number/street/suburb/State/postcode)
Postal address: (if different
to above)
Telephone number/s:(Area code)
(number)
Facsimile number/s:(Area code)
(number)
E-mail address/es:
Web site:
Governing Committee:^name – Chairperson^
^name
– Secretary^
^name
– Treasurer^
^name
– Committee member^
^name
– Committee member^
^Chief
Executive Officer/other:^^name^
FVPLS Coordinator:^name^
2.Governance and management
2.1Responsibilities
of the Governing Committee
2.1.1Overview
and accountabilities
The Governing Committee is
elected by the organisation’s members in accordance with the organisation’s
Constitution and ^name
of the Act under which the organisation is incorporated^.
Members of the Governing Committee
are the elected officials of the organisation and have the constitutional
powers to run the organisation.
We are accountable, both as
individuals and as an organisation, to:
our clients
members of our organisation
our community
our auspice body
(where relevant), and
our funding body.
We demonstrate our accountability
by:
observing and respecting
sound governance within the organisation
committing to the
Code of Conduct
developing clear
policies and procedures for the operation of the organisation
providing information
about the organisation to ensure transparency, and
acting in accordance
with the law and the conditions of funding at all times.
2.1.2Planning
The Governing Committee is
responsible for setting the vision and objectives of the organisation.
Strategic and operational planning documents will be developed with
^management and/or
the coordinator^ in conjunction
with the organisation’s employees.
2.1.3Financial
management
The Governing Committee is
responsible for the financial management practices of the organisation
and may issue delegations to staff to carry out the organisation’s
business.
Key responsibilities:
Ensuring proper
systems, processes and controls for receipts and expenditure are in
place.
Reporting; under
incorporation and to funding agencies.
Appointment of auditor.
Budgeting.
Ensuring taxation
and superannuation requirements are met.
2.2Communication
2.2.1Overview
Communication between employees,
management and directors should follow the organisation’s management
structure. It is not appropriate for employees or directors to discuss
organisational matters outside of this structure. Should an employee
have a grievance with their supervisor then they may approach another
manager or director in accordance with the Grievance policy.
2.2.2Public
relations
Public comment, media releases,
all written information for public release (submissions, letters, flyers,
brochures, posters etc) and interviews by employees must be authorised
by the Governing Committee or the coordinator as appropriate and all
media requests must be referred to the coordinator.
No public comment should be
made about client matters or the personal matters of any employee or
director.
2.3Employees
2.3.1FVPLS
coordinator
The organisation will employ
a coordinator for the FVPLS unit, which will be separate and independent
from the position of solicitor.
The coordinator is responsible
for the day-to-day management of the FVPLS unit, including managing
staff and workload, community promotion planning, reporting and operational
planning.
2.3.2FVPLS
sexual assault worker
The organisation will employ,
in a part-time (minimum 20 hours per week) or a full-time capacity,
an appropriately trained sexual assault worker or counsellor for the
FVPLS unit to undertake work related to therapeutic interventions, sexual
assault counselling, training and education.
2.3.3FVPLS
solicitor
The organisation will employ
two full-time, appropriately qualified, solicitors who hold a current
practising certificate: one principal and one junior, whose primary
duties will include client casework, client advice, court representation
and education.
They are responsible for all
legal advice and legal assistance and will be independent and separate
from the position of coordinator.
3.Organisational policies
3.1Accessibility
and cultural sensitivity
This organisation is actively
committed to providing effective legal, counselling and support services
for Aboriginal and Torres Strait Islander people. All clients
and members of the Aboriginal and Torres Strait Islander community will
be treated with respect by all employees and directors of the organisation.
All policies, procedures, training
and recruitment will reflect the organisation’s commitment to provide
an accessible and culturally sensitive service. This will include helping,
where possible, to address any barriers to accessing services, such
as language, remoteness and cultural background.
Clients will be asked to provide
feedback on the organisation and its employees and directors on their
provision of accessible and culturally sensitive services.
3.2Attending
community meetings
Unless directed by the Governing
Committee, the coordinator is responsible for determining attendance
at the appropriate community and stakeholder meetings needed to fulfil
strategic and operational objectives and any funding obligations.
Employees will attend any meeting
on behalf of the organisation as directed by the coordinator.
Any meeting which is not directly related to the organisation’s work
(for example, personal interest lectures) should be attended in the
employee’s own time.
3.3Case reviews
Case reviews are an important
part of the organisation’s ongoing quality assurance processes and
will be conducted for all active clients ^every
six/12 months^ to ensure
the best possible service is being provided to them and to identify
areas where more support or assistance can be given. The review must
include any client feedback received, with follow-up where necessary.
Case reviews should be arranged
by the relevant employee (solicitor or sexual assault worker) and the
coordinator. The organisation recognises that while case reviews should
be considered as part of staff development and training and support
staff in their work by providing guidance, participation by other staff
is at the discretion of the solicitor/sexual assault worker.
3.4Children
in the workplace
An employee’s children may
only accompany their parent to work in exceptional circumstances and,
where possible, the coordinator should be advised in advance.
3.5Confidentiality
3.5.1Overview
All employees and Directors
are required to sign the Declaration of Confidentiality when they begin
their term of employment with ^name
of organisation^.
Confidential information is:
personal details,
names, addresses, phone numbers, case instructions, medical details
anything not known
or available to the public at large
commercially or
procedurally sensitive (eg termination of employment, negotiations to
engage a contractor), or
classified as confidential
by a decision made at a directors’ meeting.
Our client files are the property
of the client and are held by our organisation on their behalf. They
contain confidential information and documentation relating to our clients
and may not be released to any person, agency or group, other than the
client or employees of the organisation or the Attorney-General’s
Department, without the express permission of the client, or where required
by law.
An employee or director must
not misuse information gained in an official capacity and client confidentiality
must be upheld both during and after the course of a director’s term
or an employee’s period of employment. Breach of client confidentiality
is a violation of an employee’s conditions of employment and may result
in termination of employment or removal from the Governing Committee.
3.5.2Client
confidentiality protocols
3.5.2.1Storing client information
All client files and other
confidential information must be kept in a secure, locked cabinet. Files
and notes should not be left on top of your desk or anywhere open to
view. Any confidential information kept on a computer must be treated
like hard copy files and must be password protected.
Files may only be removed from
the organisation’s premises with the prior approval of the ^position giving approval^ and after the client’s authority
to release information has been signed.
3.5.2.2 Authority to release
information
If information is required
from another agency while the organisation is providing assistance to
a client, the client must sign an Authority to Release Information form.
If the organisation ceases
to provide assistance to a client, the client may obtain his/her client
information and documentation after signing a Request and Authority
to Transfer Client Information. The organisation reserves the right
to retain copies of any client information.
3.5.2.3 Risk of harm
Where the organisation makes
a professional assessment that a client may engage in self harm or harm
to another individual, the organisation may make a report to an external
agency.
3.5.2.4 Children
Where the organisation is providing
assistance to a child of a client or a child as a primary client, the
client information is confidential. However, all employees must comply
with ^insert
your State or Territory^
mandatory reporting legislation to protect children.
3.6Conflicts
of interest
3.6.1General
information about conflicts of interest
A conflict of interest occurs
when an individual is in a position to gain some benefit (either for
themselves, the family or a friend) while acting in their professional
or official capacity. Even where there is no evidence of improper action,
a perceived conflict of interest can compromise the integrity and reputation
of the organisation.
3.6.2Handling
conflicts of interest
Conflicts of interest can arise
unintentionally. However, where possible, they should be avoided.
All employees and directors
must declare any actual or potential conflict of interest. Where an
employee or director thinks they may have a conflict of interest, they
should notify the ^Chairperson
or other committee member^
immediately. A decision should then be made by them, excluding the employee
or Director involved, as to whether that person should be removed from
participating in the situation.
3.6.3Accepting
gifts or benefits
While small gifts may be received
in the course of their employment, all employees and directors should
declare any gift, offer or suggestion to the ^nominated
position^ immediately.
The ^nominated
position^ will then decide
whether or not the gift will be kept by the organisation or the employee.
3.6.4Conflict
of interest in professional practice
This organisation will maintain
procedures to identify and manage any conflict of interest that may
arise to uphold relevant legal, professional and ethical requirements.
Clients must be made aware of these procedures for identifying and managing
conflicts of interest.
3.7Client
complaints policy
The organisation welcomes feedback
from clients and the community about the performance of the organisation
in delivering its services. Feedback enables the quality of the services
provided to be improved. Any complaints made will be taken seriously
and handled fairly, transparently and promptly.
Employees are required to be
familiar with the organisation’s complaints process and be able to
advise clients accordingly.
3.7.1Appeals
process
Any client or community member
who disagrees with the outcome of a complaints process is entitled to
appeal the decision. Details of the appeal process will be provided
to all complainants at the time a complaint is finalised.
Employees or directors reviewing
a decision under appeal must not have been involved in the original
review. All steps in the appeal process, including the issues in contention,
the decision process and the final advice to the applicant, must be
fully documented.
3.8Client
feedback
The organisation is committed
to continuous improvement in the quality of service delivery and, through
the client satisfaction survey, every client will be given the opportunity
to provide feedback to the organisation on the services they receive.
Clients may either complete
the survey while in the office or complete it at home and return it
to the office later.
The coordinator is responsible
for complying with the reporting requirements relating to the client
satisfaction survey under the FVPLS funding and Operational Framework
and for collating, analysing and reporting on the feedback received.
3.9Hours
of operation
3.9.1Display
of operating hours
The organisation will display
its operating hours in a public place at the front of the premises and
employees are responsible for ensuring the organisation remains open
as indicated.
3.9.2Out
of hours messaging
The organisation will maintain
an answering machine outside operating hours to provide operating times
and options for out-of-hours client assistance and as a backup for overflow
calls.
3.10Keys, combinations and building
security
All keys and combinations for
the organisation (including computer passwords) remain the property
of the organisation. Employees will have access to the keys and passwords
necessary for them to perform their duties but must surrender them to
the coordinator when they cease employment.
The coordinator is responsible
for recording the details of those who have keys.
3.11Mail
Mail will be collected daily
and both incoming and outgoing mail must be recorded in the Mail Register.
Incoming mail must also be stamped with the date of receipt. It should
be treated as confidential, directed to the intended recipient as soon
as practicable and must not be left unattended in areas of the office
to which clients and the public have access.
3.12No
smoking
Smoking is prohibited in all
offices, buildings and motor vehicles owned or leased by the organisation.
3.13Referring
clients
Employees must arrange referral
to the most appropriate alternative service provider where the organisation
is unable to provide a service to a client or a member of the community.
Employees must refer clients when a:
person is not eligible
for services under the FVPLS Operational Framework, ie non-Indigenous
people
unit does not offer
the service required by the client or community member, ie legal defence
assistance, and
conflict of interest
exists with another client of the organisation.
The decision to refer a client
or community member must be made by the ^coordinator
or other^ in consultation
with the relevant employee, ie a solicitor or counsellor. The coordinator
must ensure an up-to-date list of local referral services is maintained
and that it includes Indigenous legal aid, legal aid commissions, community
legal centres and all relevant private practice organisations.
In making the decision to refer
a client or community member on, the ^coordinator^ must provide:
at least two options,
where multiple options exist, and
information about
the organisation the client or community member is being referred to,
ie pamphlets or brochures.
3.14Statistical
information
Statistical information about
the people who use the services of the organisation is required for
performance reporting to funding bodies and for planning within the
organisation.
Employees are responsible for
accurately collecting and maintaining this information.
3.15Using
official resources, facilities and equipment
Employees and directors should
use official resources only for the purpose of their employment or their
membership of the Governing Committee. Misuse of official resources
can amount to misconduct or be a criminal offence.
Official resources include
anything that is owned or paid for by the organisation.
3.15.1Telephones
Desk and mobile phones are
provided to employees for work purposes only. The organisation accepts
there will be occasions when employees need to use work phones for private
purposes but this must be restricted to ‘reasonable use’, ie making
a personal telephone call to arrange a medical appointment.
3.15.2E-mail
and internet
E-mail and internet services
are intended to primarily support the business activities of the organisation.
Use of these facilities must be legal and not pose a security risk.
Reasonable personal use may include a limited number of e-mails and
some internet usage. Reasonable use, as discussed above, applies.
3.15.3Use
of motor vehicles
The organisation provides motor
vehicles to assist employees in the delivery of services. Specifically,
motor vehicles provided under Family Violence Prevention Legal Services
funding must not be used for private purposes.
Where a motor vehicle is purchased
or leased using government funding the organisation must manage the
motor vehicles in accordance with the funding agreement. All employees
must support the organisation in meeting those requirements.
The organisation will provide
a log book for each vehicle and employees must update it after each
journey, noting the date, time, purpose, destination and distance covered
for each journey.
Fuel for motor vehicles must
be purchased from an authorised reseller and repairs and maintenance
must only be carried out by an approved motor mechanic. Vehicles must
be garaged at ^insert
location^.
3.15.3.1Accidents
Employees involved in an accident
while at work, whether driving a work motor vehicle or a private motor
vehicle, must:
notify police immediately,
if required by law
notify the coordinator
immediately
provide a written
report to the organisation with details of the accident, including time,
location, description of damage, names of those involved, motor vehicle
and license details of the other parties involved and the details of
attending police, and
complete all insurance
requirements.
The organisation does not accept
liability, financial or otherwise, for any loss incurred by the use
of a private motor vehicle by an employee.
3.15.3.2Infringement notices
An employee who receives a
traffic infringement notice while using a work motor vehicle must:
pay the penalty
imposed (including a deduction of licence points), and
provide written
confirmation of payment to the coordinator.
The Governing Committee may
also take disciplinary action against employees who disobey traffic
laws.
3.16Standard
of dress
Employees should wear a uniform
where available and must dress neatly and appropriately at all times
in the workplace or when representing the organisation.
4.Financial policies
4.1Financial
management
The Governing Committee is
responsible for the financial management of the organisation and its
compliance with all funding agreements but may delegate responsibility
for financial operations to employees in accordance with the Constitution.
4.1.1Delegations
Employees must not undertake
activities or incur expenditure which is outside their delegated authority.
All Delegations will be recorded in the minutes of the Governing Committee
and reviewed periodically to ensure the organisation achieves its operational
and accountability targets.
4.2Petty
cash
The coordinator is responsible
for the security and management of petty cash which must be kept in
a secure facility such as a lockable cash box and the cash box kept
in a lockable filing cabinet. It will be provided for the purchase of
small, work related items, but must not be used for personal use, even
on a temporary loan basis.
All petty cash transactions
must be recorded in a Petty Cash book and all receipts for all purchases
must be given to the coordinator.
4.3Purchasing
procedure
Employees must complete a purchase
order for all proposed expenditure, except where payment is made with
petty cash, and purchase orders must be approved prior to incurring
an expenditure in accordance with delegations.
Employees delegated to approve
purchase orders must ensure the proposed expenditure is in accordance
with the funding agreement.
4.4Travel
4.4.1Approval
All travel must be approved
by ^insert
position of approver^ before
any travel bookings are made.
4.4.2Accommodation
Employees should book and pay
for accommodation prior to departure to avoid accommodation having to
be included in their travel allowance.
No accommodation allowance
will be paid where an employee who travels for work purposes chooses
to stay with friends or relatives.
4.4.3Travel
allowance
Employees and members of the
Governing Committee who travel in the course of their employment or
for participation in the Governing Committee may be entitled to a travel
allowance.
The amount of the allowance
must be set at a level equivalent to those posted by the Department
of Workplace Relations (DEEWR) or the Australian Taxation Office (ATO).
The travel allowance includes an amount for meals and minor disbursements
(other than those already provided for as part of an accommodation package
or by a conference provider).
If an employee or member of
the Governing Committee does not undertake the travel for which an allowance
has already been paid, they must reimburse the organisation for the
amount.
4.4.4Use
of private vehicle
Where an employee or member
of the Governing Committee uses a private motor vehicle or private funds
to purchase travel tickets for an approved travel purpose, the organisation
will provide reimbursement, subject to these conditions:
presentation of
original receipts (not photocopies), and
evidence of approval
for the travel from the coordinator or manager.
Where a private motor vehicle
is used for work purposes, the following information must be provided
to the organisation prior to travel:
registration details
and registration number
licence details
(full name, licence number) and
a copy of the current
certificate of motor vehicle insurance.
5.Employment
5.1Overview
Employment decisions must not
be made without the involvement of the Governing Committee ^or management^. The Governing Committee, in consultation
with the ^coordinator
or other^, is responsible
for the recruitment and engagement of employees and any decisions regarding
higher duties.
The organisation undertakes
to run all recruitment and employment processes openly and transparently.
5.2Code of Conduct
The Code of Conduct requires
all employees and directors demonstrate a high standard of behaviour
at all times and all employees and directors are required to sign it
when they begin their employment or term of appointment with ^name of organisation^.
The Code of Conduct aims to
ensure that the:
highest standard
of professional judgement is exercised
waste of resources
is avoided
organisation is
represented in a positive way at all times, and
organisation’s
business is conducted in a professional and ethical manner.
5.3Conditions
of employment
5.3.1Terms
of employment
Employees are employed under
the Award(s) listed below which covers all basic conditions of employment
including wages, leave entitlements (annual leave, sick leave etc),
allowances, overtime and performance evaluations. Awards are binding
on employers and employees alike.
^name
of Award^
5.4Disciplinary
action
An employee may be counselled
or face disciplinary action if their behaviour has a negative impact,
either directly or indirectly, on their work performance, places a client,
other employee or self at risk, or is contrary to the organisation’s
values and standards of professionalism and integrity.
For details of the legal obligations
in relation to disciplinary procedures, refer to the relevant Award.
5.5Dispute
resolution
The organisation aims to handle
disputes as simply and as directly as possible.
For details of their obligations
in relation to dispute resolution with the organisation, employees may
refer to the relevant Award. Disputes will be handled in accordance
with the provisions of the Award. The guidelines are intended for employee
use only. Incidents involving clients must be dealt with under a separate
process (refer 3.7 Complaints Process).
5.6Employee
wellbeing
The organisation commits to
the welfare, health and safety of its employees by maintaining a work
environment that promotes physical and emotional well-being. Where there
are personal, family or community issues in an employee’s life which
directly, or indirectly, affect his/her work performance, every effort
will be made by the organisation to assist employees, which could include
providing appropriate counselling and related support.
5.7Anti-discrimination
and equal employment opportunity
The organisation respects and
values the diversity of their employees and will prevent discrimination
on the basis of gender, age, language, ethnicity, cultural background,
sexual orientation, religious beliefs, family responsibilities or physical
or mental disability.
Diversity can also refer to
other ways in which people are different, such as educational level,
life experience, work experience, socio-economic background, personality
and marital status.
Persons applying for positions
within the organisation will be considered only on the skills, abilities,
experience and knowledge required for the position.
The organisation is committed
to the development and implementation of policies and practices in employment
in accordance with federal and State anti-discrimination legislation.
5.8Performance
management and employees’ increments
All employees will receive
an annual/half yearly performance review which is used to identify:
current performance:
an employee’s performance will be assessed against job requirements
incremental progression:
in accordance with the Award
current training
needs, and
career development.
5.9Professional
training, development and supervision
The organisation will support
employees with professional development, education and training activities
that are relevant to an employee’s position and of benefit to the
organisation.
Such support may include:
attendance at workshops,
seminars, conferences and cultural awareness training, and
flexible hours of
employment to facilitate participation in an accredited course of study,
either part-time or externally, at an accredited institution.
Participation in any professional
development, education or training activity is subject to approval by
the coordinator.
Annual refresher training on
the topics listed under ‘5.9.2 Induction Training’ will be conducted
for all employees.
5.9.1Employees’
supervision
The organisation recognises
that supervision provides support and encouragement in relation to professional
practice and therefore impacts on professional and personal growth.
The organisation will provide supervision to all employees.
5.9.2Induction
training
On induction each new employee
will receive training on the policies and procedures of the organisation.
This training will also cover the provision of legal and counselling
services, cultural sensitivity and accessibility, cooperation and effective
relationships and the client complaints policy.
Training will be delivered
by the most appropriate team member or, in regard to cultural issues,
a local elder may be asked to come and speak with employees.
5.10Recruitment
All recruitment will be fair
and impartial. The person selected to fill any position must demonstrate
the necessary expertise and ability to perform their duties.
A selection panel will be convened
for each recruitment process, which will consist of three members, ^one Governing Committee
member, the relevant unit’s coordinator and one external member^.
Documentation relating to the
successful applicant must be retained for the employee’s personnel
file and forwarded to ^Human
Resources or the administration officer^
for preparation of an employment offer.
The organisation will notify
all applicants of the outcome of the recruitment process within ^one month^ of its completion.
5.10.1Personnel
files
A confidential personnel file
containing any information concerning their employment must be maintained
for each employee. Personnel files should be kept in a secure location
and be accessible only to employees with direct responsibilities in
personnel and human relations.
An employee may have access
to their personnel file at any time.
5.10.3Exit
policy
An employee ceasing employment
will be:
required to return
all organisational property, including keys, combinations, files and
equipment
provided with a
letter of separation, and
offered an exit
interview. (Employees are not obliged to accept an exit interview.)
Payment of all entitlements
will be arranged in a timely manner.
6.Workplace health and safety
6.1Critical
incidents and debriefing
The organisation recognises
an employee may experience a traumatic event or critical incident in
the workplace which is outside the realm of routine experience. An employee
who experiences such trauma may need support from a professional organisation.
Debriefing should be carried out as soon as possible after the event.
Because debriefing is considered
beneficial for both the employee and the organisation, the organisation
will ensure all employees have access to debriefing as required, in
the course of their everyday work, and employees are encouraged to attend
where necessary.
Group sessions may sometimes
be held.
6.2Duty
of care
The organisation will endeavour
to provide a workplace that is safe and healthy for all employees in
accordance with State and federal legislation. Employees are required
to help the organisation meet these responsibilities.
Organisational responsibilities:
Ensure the way work
is performed is safe and does not affect employees’ health.
Ensure equipment
and machinery is safe and maintained.
Ensure ways of storing,
transporting or working with dangerous materials (‘substances’)
is safe and does not damage employees’ health.
Provide employees
with the information, instruction and training they need to do their
job safely and without damaging their health.
Consult with employees
directly, or through their health and safety representatives, about
health and safety in the workplace.
Check the workplace
regularly (‘monitor’) and keep a record of what is found during
these checks.
Employee responsibilities:
Follow instructions
and rules in the workplace — instructions are designed to ensure work
is carried out safely.
Work and behave
in ways that are safe — do not endanger the health and safety of anyone
in the workplace.
6.3First aid and emergency
Telephone numbers for emergency
service providers (ie ambulance, police and hospital facilities) must
be accessible at all times.
The organisation will ensure
first aid kits are available in the workplace and in each workplace
motor vehicle.
6.4Home
visits
The organisation does not encourage
home visits so employees should endeavour to see all clients in the
workplace. When it is necessary to visit a client in their home the
following policies apply:
two employees must
attend for safety and support reasons
employees should
contact the office on arrival if the situation is safe, and
Issues to consider
when arranging a visit to a client in their home are:
–whether an employee
will be at risk of injury, and
–whether there is a risk
of a perpetrator being present.
6.5Infectious
and communicable diseases
An employee must not attend
work during the period covered by a doctor’s certificate. As part
of its obligation to provide a safe and healthy work environment the
organisation is committed to preventing or minimising infectious diseases
within the workplace.
An employee contracting an
infectious disease should not be disadvantaged with respect to their
employment at the organisation, so confidentiality in relation to any
medical records, including counselling, in relation to a work colleague,
is to be maintained.
An employee is not obliged
to reveal his/her status to the organisation.
6.6Professional
indemnity insurance
The organisation will hold
Professional Indemnity Insurance to cover all employees in the conduct
of their duties.
6.7Workplace bullying and harassment
The organisation will not tolerate
any form of harassment, intimidation or violence between employees.
An employee who is the subject of any form of harassment by another
employee can report the incident at any time to the coordinator.
In the event the complaint
relates to the coordinator the employee may inform the Governing Committee.
6.8Workplace
injury
All employees of the organisation
are covered under the organisation’s Workers Compensation Insurance
for accidents at work.
An employee who is injured
at work must provide a report as soon as possible to the ^coordinator or nominated
position^.
6.9Workplace
violence
The organisation is committed
to ensuring the work environment is free from violence.
To minimise the incidence of
workplace violence the organisation will undertake hazard identification,
risk management and risk reduction.
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Policy Manual – December 2009
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Policy Manual– December 2009
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