Supersedes	14.03.2022
Authorised by	Board Chair
Review Period	Annually
Next Review Date	18.07.2023
Policy Owner	School Governing Body

 

 

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Policy
5. Definitions/ legislation

 

Purpose

The purpose of this policy is to clarify guidelines to protect against potential conflicts of interest by directors of the Islamic College of Brisbane Board, to observe legislation regarding conflict of interest, and to engage in school business activities in a fashion designed to avoid any conflict of interest or the appearance of impropriety.

 

Scope

The policy covers the types of activities which may constitute a conflict of interest, how a conflict of interest might be determined and the responsibilities of directors with regard to declaring conflicts of interest.

 

References

• Education (Accreditation of Non-State Schools)  Act 2017
• ACNC Regulation 2013
• Corporations Act 2001/ Associations Incorporation Act 1981 (choose relevant Act)
• Board Code of Conduct
• Financial Policies in relation to contracts and tendering
• HR Policies

 

Policy

It is the policy of the Board of the Islamic College of Brisbane that all directors avoid any conflict of interest or the appearance of conflict of interest.

In particular, the policy confirms that where there is any conflict between the interests of AFIC (Australian Federation of Islamic Councils) and the Islamic College of Brisbane, the rights and interests of the School shall prevail and AFIC shall not take any steps to assert or promote its interests over that of the School.

Definitions

A conflict of interest may be defined as "any situation where a Board Member may be in a (or may potentially be in) a position of being involved in a decision or action where they may not be perceived to be able to put the interests of the school first and foremost".

In deciding if there is a conflict of interest, a director should consider the capacity for the interest to affect their decision-making; the importance of the interest to the director (not the school); and how others may view these questions, as the test of materiality is not what the director believes but what a reasonable person would believe.

Legislation

Corporations Act 2001– Directors are required by the Corporations Act to give notice of material personal interests in matters that relate to the affairs of their Company.

Australian Charities and Not-for-Profits Commission Regulation 2013 s45.25 Governance Standard 5 - (2) A registered entity must take reasonable steps to ensure that its responsible entities are subject to, and comply with, the following duties:

• to disclose perceived or actual material conflicts of interest of the responsible entity;

[Note: A perceived or actual material conflict of interest that must be disclosed includes a related party transaction.]

 

Education (Accreditation of Non-State Schools) Act 2017 s26 (2b) – allows that in assessing the suitability of a governing body, the Accreditation Board may have regard to:

• whether the governing body has appropriate guiding principles and procedures for identifying, declaring and dealing with any conflict of interest a director of the governing body may have relating to an aspect of the operation of the school;

Implementation

The Board has determined that the Islamic College of Brisbane will:

1. contract for goods and services in a manner that will avoid any conflict of interest or perceived conflict of interest;
2. avoid conflict of interest in relation to employment of staff. The school may not employ any staff member related by blood or marriage, to a director except by a unanimous vote of the full board; and
3. require full disclosure from directors in situations where they, their relatives, partners or friends, may benefit financially, or in any other material way, from a decision made by the Board.

In particular, directors of the Islamic Collee of Brisbane may not:

• apply the school’s property either for their personal benefit or for the benefit of any other person without the authority of the full Board;
• benefit financially, or in any other material way from the outcome of a decision made by the Board;
• cause any relative, partner or friend, or any organisation in which they have equity or of which they are an employee or a board member, to benefit from their position on the Board;
• make unauthorised use of confidential information belonging to the School;
• intentionally gain an advantage (directly or indirectly) for any person or causes detrimental to the school.

Conflicts Prior to Taking Office

A director with personal financial interest in a sale, lease, or contract with the school, which was entered before the director took office, and presents an actual or potential conflict of interest, shall immediately notify the Board Chair of such interest. It shall thereafter be the responsibility of the director to refrain from participating in any discussion or action relating to the sale, lease, or contract by the board.

Conflicts While in Office

If at any time a director believes that he or she may appear to be unable to maintain professional objectivity on any issue, because of a personal situation, employment, or other reasons, the member must notify the Board Chair and must not vote on the matter or be present when the matter is being considered by the Board.

Procedures to Deal with Conflicts of Interest

A director who has an actual, perceived or potential conflict of interest shall notify the Board Chair of such conflict as soon as practicable after becoming aware of the matter.

 

A director who becomes aware of an actual, perceived or potential conflict of interest relating to another director shall also notify the Board Chair of such conflict as soon as practicable after becoming aware of the matter.

 

Conflicts of interest are to be disclosed to the Board at a Board meeting as soon as practicable after becoming aware of the interest. The Declaration of Conflict of Interest Form (Appendix) should be used for this disclosure, and it should contain appropriate detail about the nature and extent of the conflict and the relation of the interest to the affairs of the school.

 

The determination as to whether a conflict of interest exists is to be made by the Board.

 

If a conflict of interest does exist, the Board will determine the appropriate course of remedial action to be undertaken.

 

The principles of protecting the interests of the organisation, supporting transparency and accountability, promoting individual responsibility, and building an ethical school culture should help guide the planned remedial action of the Board.

 

Depending on the matter, remedial actions may include but are not limited to: refraining from participation in discussion; abstaining from voting on the matter; leaving the room during discussion of the matter; and in extreme cases, resigning from the board. (Restrictions on voting apply to companies limited by guarantee as per the Corporations Act 2001, s.195.)

 

The details of each Conflict of Interest Declaration must be recorded in the minutes of the meeting at which it was tabled and include the decision of the board regarding the treatment of the conflict.

 

If there are not enough directors to form a quorum for a directors’ meeting because of material conflicts of interests dealt with under this policy, one or more of the directors (including those who have a material personal interest in that matter) may call a general meeting of the company and the general meeting may pass a resolution to deal with the matter (Corporations Act 2001, s. 195(4)).

 

CEO

 

The CEO must not be a director of the College. As such he or she has no right of attendance at meetings of the board.

However, CEO may attend meetings of the board but only at the express invitation of the Chair.

If the CEO has been invited to attend a board meeting, CEO must leave the meeting immediately upon the request of the chair.

Subject to the provision below, the chair will always ask the CEO to recuse himself or herself if any item of business should arise which, were the CEO a director, would amount to a conflict of interest. Instances of a conflict of interest include such things as:

• remuneration review;
• performance review;
• complaints against the CEO; and
• any contract in which the CEO has a direct or indirect pecuniary interest

 

As a matter of practice, the CEO must always leave the meeting at the end of the meeting as a matter of course to enable the board to discuss management issues that might otherwise which may cause embarrassment or awkwardness were the CEO to remain at the meeting. The CEO’s excusal from a meeting will be recorded in the minutes.

If a potential conflict of interest arises but the board unanimously decides that the CEO’s continued presence is warranted because of the unique circumstances, then the chair, after a unanimous resolution is passed to the effect, will advise the CEO that he or she need not excuse himself or herself. The process will be minuted accordingly.

 

Directors with Executive Responsibilities

 

Any Director holding an executive position within the College must:

• leave a board meeting when discussion is had around the duties, obligations and performance of that director; and
• have entered into a formal employment agreement with the college; and
• have his or her remuneration determined by an independent external remuneration consultant.

 

 

Declaration of Conflict of Interest Form

Islamic College of Brisbane

ABN 29 064 778 927

Declaration of Conflict of Interest

I wish to declare the following personal interest that conflicts or may conflict with the discharge of my responsibilities as a director of <<SchoolName>> in a matter in which the organisation has an interest or which is under consideration by the School.

[Explain nature of conflict]

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Signed: ..........................................................                        Date: .....................

Full Name of Director: ......................................................................

This declaration was tabled and minuted at the Islamic College of Brisbane meeting at [place] on [DATE].

 

Course of action directed by the Board to resolve the conflict of interest:

[e.g., Director asked to leave the boardroom during matter related to the conflict]

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Signed: ..........................................................                        Date: .....................

Chair: ......................................................................

 

 

Date of Authorisation	22.09.2021
Authorised by	Board Chair
Review Period	Annually
Next Review Date	21.09.2022
Policy Owner	Islamic College of Brisbane Board

 

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Definitions/ legislation
5. Policy

 

Purpose

The purpose of this policy is to outline the code of conduct expected of directors of the Islamic College of Brisbane in relation to their roles as directors.

 

Scope

The policy covers the directors conduct in relation to their governance of the school and their relationship with the Principal and school staff.

 

References

• Education (Accreditation of Non-State Schools) Act 2017

• Board Conflict of Interest Policy

 

Definitions/legislation

The director of the governing body of Islamic College of Brisbane have ultimate responsibility for the overall successful operations of Islamic college of Brisbane. As a director, their duties relate to: the strategic direction of the school: financial operations and solvency; all maters prescribed by law including, but not limited to, safety and the environment; and all major policy issues.

 

The Education (Accreditation of Non-State Schools) Act 2017 s26 – Suitability of a Governing Body allows that in deciding whether the governing body of an accredited school is suitable to continue to be the school’s governing body, the Accreditation Board may have regard to “the conduct of the governing body, or its directors, in relation to the operation of the school.’’

 

Policy

The over-riding responsibility of a director is to act in the best interests of the school as a whole, and all members of the school.   In particular, the policy confirms that where there is any conflict between the interests of AFIC (Australian Federation of Islamic Councils) and the Islamic College of Brisbane, the rights and interests of the School shall prevail and AFIC shall not take any steps to assert or promote its interests over that of the School.

The Board Code of Conduct requires that all directors of the board of the Islamic College of Brisbane:

1. Act honestly, in good faith and in the best interests of the school as a whole

• Bring an open and independent mind to Board and Committee meetings, listen to the debate on each issue raised, and consider the arguments for and against each motion and reach a decision that the director believes, in good faith and on reasonable grounds, to be in the best interests of the school as a whole. While directors must treat each other with courtesy and observe the other rules in this Code, directors should be able to engage in vigorous debate on matters of principle;
• Ensure that any possible conflict of interest is disclosed or avoided;
• Delegate authority for the administration and management of the school of the CEO, and establish a process for accountability of the CEO, and act accordingly;

 

2. Have a duty to use due care and diligence in fulfilling the functions of the position of director and in exercising the powers of a directors.

• Prepare for all board meetings by reading and understanding the board papers in advance of board meetings and come to board meetings informed concerning the issues under consideration;
• Understand the financial, strategic and other implications of decisions;
• Ascertain all relevant information and make all reasonable enquiries.

 

1. Use the powers of a director for a proper purpose, in the best interests of the school governing body as a whole.

• Demonstrate accountability for your actions;
• Accept responsibility for your decisions;
• Make reasonable enquiries to ensure that the school is operating efficiently, effectively and legally towards achieving its goals;
• Act with the level of skill, care and diligence expected of a director.

 

4. Recognise that the primary responsibility is to the members of the governing body as a whole, but should, where possible, have regard to the interests of all stakeholders of the school.

• Act fairly and impartially
• Avoid bias, discrimination, or self-interest;
• Demonstrate respect for others by acting in a professional and courteous manner.
• Prioritise the Board’s work to clarify the strategic direction of the school and to develop policies which will move the school towards its strategic vision, mission and goals;

 

1. Not make improper use of information acquired as a director.

• ensure information gained as a director is only applied to proper purposes and is kept confidential;
• ensure that any personal information coming to your attention as a Director is handled in compliance with the governing body’s privacy obligations.

1. Not take improper advantage of the position of director

• avoid the use of your position as a director to cause detriment to the school;
• ensure that you decline gifts or favours that may cast doubt on your ability to apply independent judgement as a Board member of the Society.
• Avoid activities that may bring you or the board into disrepute.

 

1. Not allow personal interests, or the interests of any associated person, to conflict with the interests of the school governing body.

• Avoid the use of your position as a director to seek an undue advantage for yourself, family members or associates;
• Avoid any conflicts of interest or the appearance of impropriety, which could result from their position, and not use board membership for personal gain or publicity;

 

 

1. Have an obligation to be independent in judgement and actions and to take all reasonable steps to be satisfied as to the soundness of all decisions taken by the board.

• Demonstrate commercial reasonableness in decisions made
• Understand financial reports, audit reports and other financial material that comes before the Board and actively inquire into this material;
• Be involved and knowledgeable about not only local educational concerns, but also about state and national issues;

 

9. Not disclose such confidential information, the content of discussions and any decisions, resolutions, recommendations or directives made or given at Board or Committee meetings or any confidential communications between the school and the directors or between some or all of the directors in relation to the affairs of the school, or allow any of the foregoing to be disclosed, unless that disclosure has first been duly authorised by the board or is required by law.

• Recognise that a director has no legal authority as an individual and that decisions can be made only by a majority vote at a board meeting.
• Respect the confidentiality of privileged information and make no individual decisions or commitments that might compromise the board or administration.
• Abide by majority decisions of the board, while retaining the right to seek changes in such decision through ethical and constructive channels.

 

10. Should not engage in conduct likely to bring discredit upon the school or its governing body

• Have a good working knowledge of the board’s governing documents pertaining to our role as a director;
• Act within the powers and for the functions set out in the board’s governing documents.
• Represent board decisions to the community without bias or prejudice;

 

1. Have an obligation, at all times, to comply with the spirit as well as the letter of the law and with the principles of this code.

• Promote and support the application of the board’s values;
• Acknowledge and act in accordance with the responsibility you as a director have in regard to the rights of members of the school and to other stakeholders;
• Commit to stand by this code of conduct; to speak with one voice in concert with fellow Board members; to maintain a positive culture and orderly decision making processes; and to do Board work openly.

 

 

 

 

 

Expectations of directors in board process

 

A director must, in good faith, behave in a manner that is consistent with generally accepted procedures for the conduct of meetings, at all meetings and committee meetings of the board. This includes but is not limited to:

• Acting in business-like manner
• Acting in accordance with the constitution
• Addressing issues in a confident and form, yet friendly manner
• Using judgement, common-sense and tact when discussing issues
• Avoiding side conversations, ensuring that all comments are addressed to the full board through the Chair
• Ensuring that others are given a reasonable opportunity to put forward their views
• Being particularly sensitive in interpreting any request or indication from the Chair that aims to ensure the orderly and good-spirited conduct of the meetings.

 

Directors are expected to be forthright in board meetings and have a duty to question, request information, raise any issue, fully canvass all aspects of any issue confronting the board, and cast their vote on any resolution according to their own decision. Outside the board room, however, directors must support the letter and spirit of the board decisions in discussion with any external parties, including parents, staff, students, suppliers or other parties.

Date of Authorisation	16.08.2021
Authorised by	School Governing Body
Review Date	2 years
Next Review Date	15.08.2023
Policy Owner	Islamic College of Brisbane Board

 Supersedes: Anti-Discrimination Policy 2008

 

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Definitions/ legislation
5. Policy

Purpose

The purpose of this policy is to protect students with a disability or students who have an associate with a disability from unlawful discrimination, harassment and victimisation on the basis of that disability.

 

Scope

Students and employees, including full-time, part-time, permanent, fixed-term and casual employees, as well as contractors, volunteers and people undertaking work experience or vocational placements.

 

References

• Anti-Discrimination Act 1991 (Qld)
• Australian Human Rights Commission Act 1986 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Disability Standards for Education 2005 (Cth), including Guidance Notes
• Australian Education Act 2013 (Cth)
• Education (Accreditation of Non-State Schools) Act 2017
• Education (Accreditation of Non-State Schools) Regulation 2017
• Islamic College of Brisbane Anti-Discrimination Policy
• Islamic College of Brisbane Student Bullying Strategies
• Islamic College of Brisbane Child Protection Policy
• Islamic College of Brisbane Staff Code of Conduct
• Islamic College of Brisbane Complaints Handling Policy
• Islamic College of Brisbane Privacy Policy

 

Policy Statement

All students at Islamic College of Brisbane have the right to learn in an environment free from unlawful discrimination. Islamic College of Brisbane will provide a fair and safe learning environment where all students have equal opportunities. In particular, Islamic College of Brisbane will ensure that students with a disability are provided with opportunities to realise their potential through participating in education and training on the same basis as other students.

In accordance with relevant law, Islamic College of Brisbane is committed, whilst students are engaging in their education, to protecting students with a disability, and students associated with a person where that person has a disability, from both direct and indirect:

• discrimination on the basis of disability
• harassment and victimisation on the basis of disability,

 

In accordance with the relevant law, Islamic College of Brisbane will take reasonable steps to prevent unlawful discrimination, including harassment and victimisation, against students on the basis of disability in all facets of education at Islamic College of Brisbane, including:

• enrolment
• participation
• curriculum development, accreditation and delivery
• student support services.

Islamic College of Brisbane will make reasonable adjustments that do not cause unjustifiable hardship to ensure this equality of access and participation.

Islamic College of Brisbane is committed to responding appropriately should such discrimination, harassment or victimisation occur, including possible disciplinary action. Any instances of disability discrimination, harassment or victimisation should be reported under the Islamic College of Brisbane Complaints Handling Policy.

Definitions

Disability: in relation to a person, means:

1. total or partial loss of the person’s bodily or mental functions
2. total or partial loss of a part of the body
3. the presence in the body of organisms causing disease or illness
4. the presence in the body of organisms capable of causing disease or illness
5. the malfunction, malformation or disfigurement of a part of the person’s body
6. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction
7. 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:

1. presently exists
2. previously existed but no longer exists
3. may exist in the future (including because of a genetic predisposition to that disability)
4. 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.

• Associate, in relation to a person: includes:

 

1. a spouse of the person
2. another person who is living with the person on a genuine domestic basis
3. a relative of the person
4. a carer of the person
5. another person who is in a business, sporting or recreational relationship with the person.

 

• Direct disability discrimination: a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if, because of the disability, the discriminator treats, or proposes to treat, the aggrieved person less favourably than the discriminator would treat a person without the disability in circumstances that are not materially different.

A person (the discriminator) also discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if:

1. the discriminator does not make, or proposes not to make, reasonable adjustments for the person
2. the failure to make the reasonable adjustments has, or would have, the effect that the aggrieved person is, because of the disability, treated less favourably than a person without the disability would be treated in circumstances that are not materially different.

For the purposes of this section, circumstances are not materially different because of the fact that, because of the disability, the aggrieved person requires adjustments.

• Indirect disability discrimination: a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if:

1. the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition
2. because of the disability, the aggrieved person does not or would not comply, or is not able or would not be able to comply, with the requirement or condition
3. the requirement or condition has, or is likely to have, the effect of disadvantaging persons with the disability.

A person (the discriminator) also discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if:

1. the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition
2. because of the disability, the aggrieved person would comply, or would be able to comply, with the requirement or condition only if the discriminator made reasonable adjustments for the person, but the discriminator does not do so or proposes not to do so
3. the failure to make reasonable adjustments has, or is likely to have, the effect of disadvantaging persons with the disability.

 

 

School Responsibilities

Islamic College of Brisbane will not unlawfully discriminate, harass or victimise a student on the ground of the student’s disability or a disability of any associate of a student. The school acknowledges that its responsibilities are as follows:

• Enrolment – Islamic College of Brisbane will take reasonable steps to ensure that a student with a disability is able to seek admission to, or apply for enrolment in, the school on the same basis as a prospective student without a disability, and without experiencing discrimination.
• Identification - Islamic College of Brisbane will take reasonable steps to identify students requiring educational adjustments, including those with a disability, and consult with families/carers to develop a support plan.
• Participation - Islamic College of Brisbane will take reasonable steps to ensure that a student with a disability is able to participate in the courses or programs provided by the school, and use the facilities and services provided by it, on the same basis as a student without a disability, and without experiencing discrimination.
• Curriculum development, accreditation and delivery - Islamic College of Brisbane will take reasonable steps to ensure that courses and programs are designed in such a way that a student with a disability is able to participate in the learning experiences (including the assessment and certification requirements) of the course and program on the same basis a student without a disability, and without experiencing discrimination.
• Support services - Islamic College of Brisbane will take reasonable steps to ensure that a student with a disability is able to use support services used by other students of the school in general on the same basis as a student without a disability, and without experiencing discrimination.
• Harassment and victimisation - Islamic College of Brisbane will develop and implement strategies and programs to prevent harassment or victimisation of a student with a disability, or a student who has an associate with a disability, in relation to the disability.

Reasonable steps will depend upon the specific circumstances at the time but may include reasonable adjustments that do not impose an unjustifiable hardship.

When considering an adjustment for a student with a disability, any confidential information provided to Islamic College of Brisbane will not be disclosed except for the purposes of the adjustment or in accordance with a lawful requirement, in compliance with the Islamic College of Brisbane Privacy Policy.

Student and Employee Responsibilities

All students and employees at Islamic College of Brisbane have a responsibility not to engage in discriminatory conduct, including harassment and victimisation, and to uphold the school’s policies on these issues.

If students, parents or employees believe that this type of behaviour is occurring in the school, they are able to make a complaint under the Islamic College of Brisbane Complaints Handling Policy.

Implementation

All staff are inducted in the Islamic College of Brisbane Code of Conduct. Teachers are reminded to revisit the policy and signatures of acknowledgement are gathered.

 

The policy addresses disability discrimination and the role and duties of teachers to address conditions (environment, curriculum, pedagogy, communication) to support and minimise the disability. The consequences for breaching the conditions are explained in the policy.

 

Teachers will report any form of discriminatory behaviour to the appropriate staff member (Head of Primary, Head of Secondary, Chief Learning Officer).

 

Students with a disability are entered on TASS. This may occur at enrolment, through Diverse Learning Department requesting a diagnosis from a doctor. All student disabilities are recorded in a category and the level of the disability. Islamic College of Brisbane has current records and reports to Nationally Consistent Collection of Data.

Compliance and Monitoring

 

The school maintains a record of complaints or issues made about a staff member. The information includes: Name, date, issue, investigation, outcome and follow up. As the Code of Conduct is an integral part of our Teacher Appraisal, occurring issues will be addressed according to the Managing Underperformance Policy. Serious issues will necessitate a meeting with the CEO and CLO and all information from this meeting will be considered to determine the outcome.

 

 

Appendix 1: Identification after Enrolment



Parent Acknowledgement Form

Dispute Resolution/Complaints Handling Policy

Complaints and Feedback

Date of Original Authorisation	14.10.2019
Authorised by	Board Chair
Review Date	2 years
Reviewed on	20 December 2021 14 March 2022
Policy Owner	Islamic College of Brisbane Board

 

Purpose:	The purpose of this policy is to ensure that student, parent and employee disputes are dealt with in a responsive, efficient, effective and fair way.
Scope:	Students, parents and employees, including full-time, part-time, permanent, fixed-term and casual employees, as well as contractors, volunteers and people undertaking work experience or vocational placements.
References:	·         Education (Accreditation of Non-State Colleges) Regulations 2017 ·         Australian Education Regulations 2013 ·         Fair Work Act 2009 ·         Work Health and Safety Act 2011 (Qld) ·         Privacy Act 1988 (Cth) ·         Anti-Discrimination Act 1991 (Qld) ·         Australian Human Rights Commission Act 1986 (Cth) ·         Sex Discrimination Act 1984 (Cth) ·         Age Discrimination Act 2004 (Cth) ·         Disability Discrimination Act 1992 (Cth) ·         Racial Discrimination Act 1975 (Cth) ·         Islamic College of Brisbane Collective Enterprise Agreement ·         Islamic College of Brisbane Dispute Resolution/Complaints Handling Procedure ·         Islamic College of Brisbane Child Protection Policy ·         Islamic College of Brisbane Work Health and Safety Policy ·         Islamic College of Brisbane Privacy Policy

 

 

Policy Statement

 

Islamic College of Brisbane is committed to ensuring that student, parent and employee disputes are dealt with in a responsive, efficient, and effective and fair way.

Islamic College of Brisbane views complaints as part of an important feedback and accountability process. The College is anxious to ensure that there is total confidence in the process by school stakeholders without the fear of retribution or bullying by any senior staff member as a consequence.

Islamic College of Brisbane acknowledges the right of students, parents and employees to complain when dissatisfied with an action, inaction or decision of the college and the college encourages constructive criticism and complaints.

Islamic College of Brisbane recognises that time spent on handling complaints can be an investment in better service to students, parents and employees.

 

 

Complaints that may be Resolved under this Policy

 

Islamic College of Brisbane encourage students, parents and employees to lodge promptly concerns regarding sexual harassment, child protection, discrimination, workplace bullying and privacy breaches as well as more general complaints that include areas such as:

• the college, its employees or students have done something wrong
• the college, its employees or students having failed to do something that they should have done
• the college, its employees or students have acted unfairly or impolitely
• issues of student or employee behaviour that are contrary to their relevant code of conduct
• issues related to learning programs, assessment and reporting of student learning
• issues related to communication with students or parents or between employees
• issues related to college fees and payments
• general administrative issues

 

Student complaints may be brought by students or by parents on behalf of their children, as appropriate in the circumstances.

If the nature of a complaint pertains to the Chief Learning Officer, the Chief Executive Officer, the board or an individual board member, then, after the initial complaint has been made in accordance with this policy, that complaint will be referred to the independent Assessor for determination.

For the purposes of this policy, the “Independent Assessor” will be an independent third party determined from time to time by the board for the purposes of this policy. The implementation requirements referred to in this policy will apply to the Independent Assessor.

Issues Outside of this Policy

 

The following matters are outside of the scope of this policy and should be managed as follows:

• Child protection concerns or risks of harm to children should be dealt with in accordance with the law and the college’s Child Protection Policy.
• Student bullying complaints should be dealt with under the <<Student Bullying Policy>> or Positive Behaviour Management Policy.
• Student discipline matters, including matters involving suspension or expulsion, should be dealt with under the Discipline Policy.
• Employee complaints related to their employment should be directed to their supervisor
• Student or employee violence or criminal matters should be directed to the CEO who will involve the Police as appropriate
• Formal legal proceedings

 

 

Complaints Handling Principles

 

Islamic College of Brisbane is committed to managing disputes according to the following principles:

• complaints will be resolved with as little formality and disruption as possible
• complaints will be taken seriously
• anonymous complaints will be treated on their merits complaints will be dealt with fairly and objectively and in a timely manner.
• Islamic College of Brisbane will determine the appropriate person to deal with the complaint in the first instance. Complaints should be resolved with as little formality and disputation as possible.
• mediation, negotiation and informal resolution are optional alternatives Procedural fairness will be ensured wherever practicable, including the right of interested parties to the complaint to be heard.
• confidentiality and privacy will be maintained as much as possible
• all parties to the complaints will be appropriately supported
• Islamic College of Brisbane will give reasonable progress updates
• appropriate remedies will be offered and implemented
• provide a review pathway for parties to the complaint if warranted.
• complainants, respondents and people associated with them will not be victimised as a result of lodging the dispute nor will they suffer any other reprisals
• The college will keep records of complaints.
• The college’s insurer will be informed if a complaint could be connected to an insured risk.

 

Responsibilities

 

College

 

The college has the following role and responsibilities:

• develop, implement, promote and act in accordance with the college’s Complaints Handling Policy and procedures
• appropriately communicate the college’s Complaints Handling Policy and procedures to students, parents and employees
• ensure that the Complaints Handling procedures are readily accessible by staff, students and parents
• upon receipt of a dispute, manage the complaint in accordance with the Complaint Handling procedures
• ensure that appropriate support is provided to all parties to a complaints
• take appropriate action to prevent the victimisation or action in reprisal against the complainant, respondent or any person associated with them
• appropriately implement remedies
• appropriately train relevant employees
• keep records
• conduct a review/ audit of the Complaints Register from time to time
• monitor and report to the governing body on complaints
• report to the school’s insurer when that is relevant
• refer to the school’s governing body immediately any claim for legal redress.

 

All Parties to a Dispute

 

The complainant and respondent have the following role and responsibilities:

• Apply and comply with the college’s Dispute Resolution Policy and procedures

• Lodge complaint as soon as after the issue arises.
• Expect that the complaint will be dealt with fairly and objectively; in a timely manner; with procedural fairness wherever practicable; that natural justice principles will be observed wherever practicable; that confidentiality and privacy will be maintained as much as possible

• Provide complete and factual information in a timely manner
• Not provide deliberately false or misleading information
• Not make frivolous or vexatious complaints
• Act in good faith, and in a calm and courteous manner
• Act in a non-threatening manner
• To be appropriately supported
• Acknowledge that a common goal is to achieve an outcome acceptable to all parties
• Recognise that all parties have rights and responsibilities which must be balanced
• Maintain and respect the privacy and confidentiality of all parties
• Not victimise or act in reprisal against any party to the dispute or any person associated with them

 

 

Employees Receiving Complaints

 

Employees receiving disputes have the following role and responsibilities:

• Act in accordance with the college’s Dispute Resolution Policy and procedures
• Inform the party lodging the dispute of how disputes can be lodged, when they should be lodged and what information is required
• Provide the complainant with information about any support or assistance available to assist them in lodging their complainant
• Provide the complainant with a copy of the college’s Complaints Handling Policy and procedures
• Maintain confidentiality
• Keep appropriate records
• To forward complaints to more senior employees, including the CEO, as appropriate
• Not victimise or act in reprisal against the complainant, respondent or any person associated with them

 

 

Implementation

 

Islamic College of Brisbane is committed to raising awareness of the process for resolving complaints at the college, including by the development and implementation of this policy and related procedures, and via the clear support and promotion of the policy and procedures.

Islamic College of Brisbane is also committed to appropriately training relevant employees (especially senior staff) on how to resolve complaints in line with this policy and the related procedures.

Islamic College of Brisbane will keep appropriate records of complaints, will monitor complaints and their resolution and will report on a high-level basis to the College Board on complaint handling at the college.

Islamic College of Brisbane will act to encourage students, parents and employees to contribute to a healthy college culture where complaints are resolved with as little formality and disruption as possible.

Date of Authorisation	16.05.2023
Authorised by	Board Chair
Review Period	Annually
Next Review Date	16.05.2024
Policy Owner	School Governing Body

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Definitions

 

Purpose

The purpose of this policy is to provide a policy as part of Islamic College of Brisbane’s written processes about –

• how the school will respond to harm, or allegations or harm, to students under 18 years old, and
• the appropriate conduct of the school’s staff and students, to comply with accreditation requirements.

 

Scope

Students and employees, including full-time, part-time, permanent, fixed-term and casual employees, as well as contractors, volunteers and people undertaking work experience or vocational placements at Islamic College of Brisbane and covers information about the reporting of harm and abuse

 
References

• Child Protection Act 1999 (Qld)
• Education (General Provisions) Act 2006 (Qld)
• Education (General Provisions) Regulation 2017 (Qld)
• Education (Accreditation of Non-State Schools) Act 2017 (Qld)
• Education (Accreditation of Non-State Schools) Regulation 2017 (Qld)
• Working with Children (Risk Management and Screening) Act 2000 (Qld)
• Working with Children (Risk Management and Screening) Regulations 2020(Qld)
• Criminal Code Act 1899
• Islamic College of Brisbane Complaints Handling Policy
• Islamic College of Brisbane Complaints Handling Procedure
• Islamic College of Brisbane Child Risk Management Strategy (for the Working with Children (Risk Management and Screening) Act 2000 (Qld))
• Islamic College of Brisbane Work Health and Safety Policy (for the Work Health and Safety Act 2011 (Qld))

Definitions

• Section 9 of the Child Protection Act 1999 - “Harm”, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.

1. It is immaterial how the harm is caused.
2. Harm can be caused by—
3. physical, psychological or emotional abuse or neglect; or
4. sexual abuse or exploitation.
5. Harm can be caused by—
6. a single act, omission or circumstance; or
7. a series or combination of acts, omissions or circumstances.

 

• Section 10 of the Child Protection Act 1999 - A “child in need of protection” is a child who—

1. has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm; and
2. does not have a parent able and willing to protect the child from the harm.

 

• Section 364 of the Education (General Provisions) Act 2006 - “Sexual abuse”, in relation to a relevant person, includes sexual behaviour involving the relevant person and another person in the following circumstances –
• the other person bribes, coerces, exploits, threatens or is violent toward the relevant person.
• the relevant person has less power than the other person;
• there is a significant disparity between the relevant person and the other person in intellectual capacity or maturity.

Health and Safety

The school has written processes in place to enable it to comply with the requirements of the Work Health and Safety Act 2011 (Qld) and the Working with Children (Risk Management and Screening) Act 2000 (Qld).

Responding to Reports of Harm

When the school receives any information alleging 'harm'1 to a student (other than harm arising from physical or sexual abuse) it will deal with the situation compassionately and fairly so as to minimise any likely harm to the extent it reasonably can. This is set out in the school’s Child Risk Management Strategy.  Information relating to physical or sexual abuse is handled under obligations to report set out in this policy².

__________________________________

[1] Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(7): the definition of 'harm' for this regulation is the same as in section 9 of the Child Protection Act 1999 (Qld)

² Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(1)

Conduct of Staff and Students

All staff, contractors and volunteers must ensure that their behaviour towards and relationships with students reflect proper standards of care for students. Staff, contractors and volunteers must not cause harm to students3.

Reporting Inappropriate Behaviour

If a student considers the behaviour of a staff member to be inappropriate, the student should report the behaviour to: -

• Head of Welfare, Career & Wellbeing and Dean of Student Primary; 
• Head of Secondary and Dean of Student Secondary4

 

Dealing with Report of Inappropriate Behaviour

A staff member who receives a report of inappropriate behaviour must report it to the CEO. Where the CEO is the subject of the report of inappropriate behaviour, the staff member must inform a member of the school's governing body5. Reports will be dealt with under the school’s Complaints Handling Policy.

Reporting Sexual Abuse6

Section 366 of the Education (General Provisions) Act 2006 states that if a staff member becomes aware, or reasonably suspects, in the course of their employment at the school, that any of the following has been sexually abused by another person:

1. a student under 18 years attending the school;
2. a kindergarten aged child registered in a kindergarten learning program at the school;
3. a person with a disability who: -
4. under section 420(2) of the Education (General Provisions) Act 2006 is being provided with special education at the school; and
5. is not enrolled in the preparatory year at the school.

then the staff member must give a written report about the abuse or suspected abuse to the CEO or to a director of the school’s governing body immediately.

 

The school’s CEO or the director must immediately give a copy of the report to a police officer.

_____________________

³ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(1)

⁴ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(2) and s.16(3)

⁵  Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(2)

⁶  Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(2)(c)

If the first person who becomes aware or reasonably suspects sexual abuse is the school’s CEO, the person must give a written report about the abuse, or suspected abuse to a police officer immediately and must also give a copy of the report to a director of the school’s governing body immediately.

 

A report under this section must include the following particulars: -

1. the name of the person giving the report (the first person);
2. the student’s name and sex;
3. details of the basis for the first person becoming aware, or reasonably suspecting, that the student has been sexually abused by another person;
4. details of the abuse or suspected abuse;
5. any of the following information of which the first person is aware: -
6. the student’s age;
7. the identity of the person who has abused, or is suspected to have abused, the student;

• the identity of anyone else who may have information about the abuse or suspected abuse7.

Reporting Likely Sexual Abuse 8

Section 366A of the Education (General Provisions) Act 2006 states that if a staff member reasonably suspects in the course of their employment at the school, that any of the following is likely to be sexually abused by another person: -

1. a student under 18 years attending the school;
2. a kindergarten aged child registered in a kindergarten learning program at the school
3. a person with a disability who: -
4. under section 420(2) of the Education (General Provisions) Act 2006 is being provided with special education at the school; and
5. is not enrolled in the preparatory year at the school.

then the staff member must give a written report about the suspicion to the CEO or to a director of the school’s governing body immediately.

 

The school’s CEO or the director of the school’s governing body must immediately give a copy of the report to a police officer.

 

If the first person who reasonably suspects likely sexual abuse is the school’s CEO, the CEO must give a written report about the suspicion to a police officer immediately and must also give a copy of the report to a director of the school’s governing body immediately.

________________________

7 Education (General Provisions) Regulation 2017 (Qld) s.68

⁸ Education (Accreditation of Non-State Schools) Regulation 2017 (QLD) s.16(2)(c)

A report under this section must include the following particulars: -

1. the name of the person giving the report (the first person);
2. the student’s name and sex;
3. details of the basis for the first person reasonably suspecting that the student is likely to be sexually abused by another person;
4. any of the following information of which the first person is aware: -
5. the student’s age;
6. the identity of the person who is suspected to be likely to sexually abuse the student;

• the identity of anyone else who may have information about suspected likelihood of abuse9.

Reporting Physical and Sexual Abuse ¹⁰  

Under Section 13E (3) of the Child Protection Act 1999, if a doctor, a registered nurse, a teacher or an early childhood education and care professional forms a 'reportable suspicion' about a child “in the course of their engagement in their profession”, they must make a written report.

 

A reportable suspicion about a child is a reasonable suspicion that the child: -

1. has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse; and
2. may not have a parent able and willing to protect the child from the harm.

The doctor, nurse, teacher or early childhood education and care professional must give a written report to the Chief Executive of the Department of Children, Youth Justice and Multicultural Affairs (or another department administering the Child Protection Act 1999).   The doctor, nurse, teacher or early childhood education and care professional should give a copy of the report to the CEO.

 

A report under this section must include the following particulars: -

1. the child’s name and sex;
2. the child’s age;
3. details of how to contact the child
4. details of the harm to which the reportable suspicion relates;
5. particulars of the identity of the person suspected of causing the child to have suffered, suffer, or be at risk of suffering, the harm to which the reportable suspicion relates;
6. particulars of the identity of any other person who may be al to give information about the harm to which the reportable suspicion relates¹¹.

During business hours (from 9am to 5pm Monday to Friday) the Child Safety Regional Intake Service can be contacted on 1300 682 254.

Outside of these hours, the Child Safety After Hours Service Centre can be contacted on phone freecall 1800177 135 (Queensland only).

 

_________________________

⁹ Education (General Provisions) Regulation 2017 (Qld)) s.69

¹⁰ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16 (2)(d)

¹¹ See Child Protection Regulation 2011 (Qld) s.10 “Information to be included in report to chief executive”

Awareness

The school will inform staff, students and parents of its processes relating to the health, safety and conduct of staff and students in communications to them and it will publish these processes on its website 12 .

Accessibility of Processes

Processes relating to the health, safety and conduct of staff and students are accessible on the school website and will be available on request from the school administration¹³

 

Training

The school will train its staff in processes relating to the health, safety and conduct of staff and students on their induction and will refresh training annually¹⁴.

Implementing the Processes

The school will ensure it is implementing processes relating to the health, safety and conduct of staff and students by auditing compliance with the processes annually¹⁵.

Complaints Procedure

Suggestions of non-compliance with the school’s processes may be submitted as complaints under Complaints Handling Policy¹⁶.

 

Note: Reporting under this policy fulfills the obligations for reporting a child sexual offence that is being or has been committed against a child by an adult under the Criminal Code Act 1899 s.229BC¹⁷. This obligation applies to all adults in the school community including students of 18 years of age or older

 

__________________

¹² Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(4)(a)

¹³ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(4)(b)

¹⁴ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(4)(c)

¹⁵ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(4)(d)

¹⁶ Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) s.16(5) and s.16(6)

¹⁷ Criminal Code Act 1899 (Qld) s.229BC(4)(b)

Date of Authorisation	16.05.2023
Authorised by	Board Chair
Review Date	Annually
Next Review Date	16.05.2024
Policy Owner	School Governing Body

 

 

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Definitions/ legislation
5. Policy

 

 

Purpose

The purpose of this strategy is to eliminate and minimise risk to child safety to ensure the safety and wellbeing of all students.

 

Scope

Students and employees, including full-time, part-time, permanent, fixed-term and casual employees, as well as contractors, volunteers and people undertaking work experience or vocational placements.

 

References

• Working with Children (Risk Management and Screening) Act 2000 (Qld)
• Working with Children (Risk Management and Screening) Regulation 2020 (Qld)
• Child Protection Act 1999 (Qld)
• Education (Accreditation of Non-State Colleges) Act 2017 (Qld)
• Education (Accreditation of Non-State Colleges) Regulation 2017 (Qld)
• Education (General Provisions) Act 2006 (Qld)
• Education (General Provisions) Regulation 2017 (Qld)
• Education Services for Overseas Students (ESOS) Act 2000 (Cth)
• Education (Overseas Students) Regulation 2018 (Qld)
• Education (Queensland College of Teachers) Act 2005 (Qld)
• Education and Care Services National Law (Queensland)
• Education and Care Services National Regulation
• Blue Card Services Child and Youth Risk Management Strategy Toolkit
• Restricted Person Declaration Form

 

1. Policy Statement and a Statement about Commitment

 

Islamic College of Brisbane is committed to taking all reasonable steps to promote the safety and wellbeing of students enrolled at the college and their protection from foreseeable harm.¹

 

In practice, the Islamic College of Brisbane’s commitment to acting in accordance to the Working with Children (Risk Management and Screening) Act 2000 (Qld) (“the Act”) to promote the safety and wellbeing of students means that it will implement the measures outlined below in points.

 

2. Code of Conduct

 

At the Islamic College of Brisbane, we expect our employees to conduct themselves as follows:

 

College employees are expected to always behave in ways that promote the safety, welfare and well-being of children and young people. They must actively seek to prevent harm to children and young people, and to support those who have been harmed.

 

Specific responsibilities include:

• Employees should avoid situations where they are alone in an enclosed space with a student.
• When physical contact with a student is a necessary part of the teaching/learning experience, employees must exercise caution to ensure that the contact is appropriate and acceptable. Employees must always advise the student of what they intend doing and seek their consent.
• Employees must not develop a relationship with any student that is, or that can be interpreted as having a personal rather than a professional interest in a student.
• Employees must not have a romantic or sexual relationship with a student.

 

This commitment is evidence of the Islamic College of Brisbane’s fulfilment of the requirements of Schedule 1 s.2(2).

You must be aware of and comply with the College’s Staff Code of Conduct Policy.

_________________________

¹ Working with Children (Risk Management and Screening) Regulation 2020 (Qld)  sch1 s.2(1)

 

3. Recruitment, Selection, Training and Management Procedures

 

The Islamic College of Brisbane is committed to recruiting, selecting, training and managing employees in such a way that limits risks to children. In particular, the Islamic College of Brisbane will:

 

• Ensure that its recruitment and selection procedures act to reduce the risk of harm to children from employees via:
  • Accurate position descriptions, including whether the successful applicant must be a teacher registered with the Queensland College of Teachers (who has been subject to relevant police and other safety checks), whether a Blue Card is necessary for the successful applicant, the responsibilities and supervision associated with the position, the nature and environment of the service provided to children, and the experience and qualifications required by the successful applicant
  • Advertising the position with a clear statement about the college’s commitment  to safe and supportive work practices and identifying that candidates will be  subject to a teacher registration check or Blue Card screening, a police check,  referee checks, identification verification and the requirement to disclose  any information relevant to the candidates’ eligibility to engage in activities including  
  • A selection process that includes assessing the application via an interview process and referee and other checks (as identified above) based on the accurate position description
  • A probationary period of employment, which allows the college to further assess the suitability of the new employee and to act as a check on the selection process

 

• Ensure that its training and management procedures act to reduce the risk of harm to children from employees via:
  • Management processes that are consistent, fair and supportive
  • Performance management processes to help employees to improve their performance in a positive manner
  • Supportive processes for staff when they are experiencing challenges, such as mentoring, mediation, conflict resolution, coaching, additional training, and external support and counselling services
  • An induction program which thoroughly addresses the college’s policies and procedures, particularly its expectations regarding student risk management and to assist employees to understand their role in providing a safe and supportive environment for students.

 

• Training new and existing staff on an ongoing basis to enhance skills and knowledge and to reduce exposure to risks, as follows:
  • The college’s policies and procedures
  • Identifying, assessing and minimising risks to children
  • Handling a disclosure or suspicion of harm to a child
• Keeping a record of the training provided to employees
• Exit interviews to assist the college to identify broader issues of concern that may impact on the safety and wellbeing of students at the college

 

This commitment is evidence of Islamic College of Brisbane fulfilment of the requirements of Schedule 1 s.2(3).

 

4. Handling Disclosures or Suspicions of Harm

 

Any of the types of concerns or reports below should be reported and managed under the Islamic College of Brisbane Child Protection Policy Procedure, as follows:

 

• All staff with concerns about sexual abuse or likely sexual abuse or a child sexual offence committed by an adult
• Teachers, nurse and care professionals with concerns of sexual or physical abuse
• All staff who have received a report of inappropriate behaviour by another staff member.

 

To report any type of harm, all staff members should use the Report of Suspected Harm or Sexual Abuse Form in Appendix 3 of this document.

 

Furthermore, and in accordance with section 76 of the Education (Queensland College of Teachers) Act 2005, the CEO of the Islamic College of Brisbane will report to the Queensland College of Teachers any investigations into allegations of harm caused, or likely to be caused, to a student because of the conduct of a relevant teacher at the college.

 

Any report made under this section or the Islamic College of Brisbane Child Protection Policy will fulfill the reporting obligations of all adults under the Criminal Code Act 1899.

This commitment is evidence of the Islamic College of Brisbane’s fulfilment of the requirements of -Schedule 1 s.2(4).

 

5. Managing Breaches of this Child Risk Management Strategy

 

Islamic College of Brisbane is committed to appropriately managing breaches of this Child Risk Management Strategy in accordance with its other relevant policies as appropriate in the circumstances, such as its Child Protection Policy, Employee Code of Conduct, Complaint Handling Policy and Collective Enterprise Agreement, and this is evidence of fulfilment of the requirements of Schedule a s.2(5).

 

 

6.1 Implementing and Reviewing the Child Risk Management Strategy

 

This Strategy in its entirety and its related policies and procedures are evidence of fulfilment of the requirements of Schedule 1 s.2(6)(a) relating to implementation.

 

The introduction to this Child Risk Management Strategy and the “Compliance and Monitoring” section below state the Islamic College of Brisbane’s commitment to reviewing the Strategy annually and are evidence of fulfilment of the requirements of Schedule 1 s.2(6)(a) relating to review.

 

6.2   Blue Card Policies and Procedures

 

Islamic College of Brisbane is committed to acting in accordance with chapter 7 and 8 of the Act relating to the screening of employees in such a way that limits risks to children. In particular, Islamic College of Brisbane will:

 

• Require relevant prospective or current employees, volunteers, trainee students and college board members to have working with children authority, and check the validity and appropriateness of any currently held notices, in accordance with Islamic College of Brisbane position descriptions and the Act prior to the commencement of their engagement.
• Not allow a person to continue to work with children if their working with child authority is cancelled or suspended or a negative notice is received after a change of police information
• Have all relevant prospective employees and volunteers engaging in restricted Employment acknowledge and sign and a Restricted Person Declaration Form declaring they are not a restricted person prior to commencing their engagement.
• Not allow a person relying on an exemption to continue to work with children if they become a restricted person.
• Link and unlink individuals as they commence and conclude their engagement with the college.
• Appoint a college contact person who will be responsible for managing the working with child screening process and all related documentation and records
• Keep written records of all the above actions, decisions and outcomes, including the dates of expiry for working with children authority.
• Ensure that all information in relation to working with children authority is kept confidential
• Act to remind employees to keep their working with children authority up to date and apply for a renewal prior to expiry.
• Take appropriate action if an employee, volunteer, trainee student or college board member fails to submit a renewal application prior to their working with children authority expiring.

 

This commitment is evidence of Islamic College of Brisbane fulfilment of the requirements of Schedule a s.2(6)(b).

 

7. High Risk Management Plans

 

The Islamic College of Brisbane’s Risk Management Framework is evidence of fulfilment of Schedule a s.2(7).

 

8. Strategies of Communication and Support

 

Islamic College of Brisbane’s commitment to making this Child Risk Management Strategy available to students, parents and employees via its enrolment package, employee handbook, college intranet site is evidence of fulfilment of Schedule 2 s.2(8)(a).

 

Islamic College of Brisbane is committed to training employees in relation to risks to  students and will conduct this training regularly via annual formal training events, informal updates at staff meetings and regular discussions between managers and their staff, and this is evidence of fulfilment of the requirements of Schedule 1 s.2(8)(b).

 

Responsibilities

 

Islamic College of Brisbane is responsible for developing and implementing this Child Risk Management Strategy and related policies and procedures to ensure it fulfils its obligations.

 

All employees at Islamic College of Brisbane are responsible for acting in compliance with this Child Risk Management Strategy and related policies and procedures.

 

Compliance and Monitoring

Islamic College of Brisbane is committed to the annual review of this Strategy. Islamic College of Brisbane will also record, monitor and report to the college board, the Senior Executive Team and others as appropriate at college regarding any breaches of the Strategy.

In addition, Islamic College of Brisbane is committed to other various compliance and monitoring arrangements made under relevant policies and procedures.

 

Related Documents

• Islamic College of Brisbane Child Protection Policy
• Islamic College of Brisbane Compliant Handling Policy
• Islamic College of Brisbane Employee Code of Conduct
• Islamic College of Brisbane Blue Card Register
• Islamic College of Brisbane Restricted Person Declaration Form
• Islamic College of Brisbane Risk Management Framework

 

Helpful Links

• Independent School Queensland’s Child Protection Decision Support Trees
• Department of Children, Youth Justice and Multicultural Affairs Child Protection Guide resources
• Blue Card Services resources

 

 

Appendices

 

• Appendix 1 - Summary of Reporting Harm
• Appendix 2 – Child Protection Decision Support Tree for:
• CEO & Board Directors (CEO is considered the Principal)
• Non-Teaching Staff
• Teachers
• Volunteers
• Appendix 3 – Report of Suspected Harm or Sexual Abuse Form

Appendix 1

 

Summary of Reporting Harm

 

WHO	ABUSE TYPE	TEST	REPORT TO	LESGISLATION
All Staff	Sexual	Awareness or a suspicion   Sexually abused or likely to be sexually abused	CEO through to Police immediately	EGPA sections 366 and 366A
Teacher	Sexual and physical	Significant harm and Parent may not be willing and able	Confer with CEO, report to Child Safety	CPA sections 13E and 13G
All Staff	Physical, psychological, emotional, neglect, exploitation	Significant harm and Parent may not be willing and able	CEO, through to Child Safety	Accreditation Regulations section 16
All Staff	Any	Not a level that is otherwise reportable to Child Safety, refer with consent	CEO, through to Family and Child Connect	CPA, section 13B and 159M
CEO	Any	Not a level that is otherwise reportable to Child Safety, refer without consent	Family and Child Connect	CPA, section 13B and 159M
Any member of the public	Any	Significant harm; and Parent may not be willing and able	Child Safety	CPA, section 13A
Any adult*	A child sexual offence against a child by another adult	Reasonable belief and, at the relevant time, the child is or was: -          Under 16 years; or -          A person with an impairment of the mind	Police	Criminal Code section 229BC
Employing authorities (CEO/Board)	Harm or likely harm due to the conduct of a teacher	When you start dealing with an allegation; and When you finish dealing with an allegation	Queensland College of Teachers	QCT, section 76 and 77

 

*This obligation is fulfilled if the adult has already reported the information under any of the previous provisions, or believes on reasonable grounds that another person has done or will do so.

 

Appendix 2

 

Child Protection Decision Support Tree for Non-Teaching Staff

 

Appendix 2

Child Protection Decision Support Tree for Teachers

 

 

 

 

Appendix 2

Child Protection Decision Support Tree for Principals

 

 

 

 

Appendix 3 – Report of Suspected Harm or Sexual Abuse Form

_________________________________________________________________________

Purpose:	This policy exists to encourage the reporting of corrupt, illegal or other undesirable conduct at Islamic College of Brisbane under the Whistleblower Protection Regime. This policy outlines how individuals can make disclosures appropriately, and how Islamic College of Brisbane will protect those individuals and ensure they are protected from detrimental consequences.
Scope:	Islamic College of Brisbane’s Board, Officers, Workers, Contractors and Service Providers, Other Persons associated with the school, including students and parents and third-party providers.
Status:	Approved
Authorised by:	Board Chair	Date of Authorisation:  16.05.2023
References:	·         Corporations Act 2001 (Cth) ·         Taxation Administration Act 1953 (Cth) ·         Treasury Laws Amendment (Enhancing Whitsleblower Protections) Act 2019 (Cth) ·         Australian Standard AS8004-2003 Whistleblower Protection Program for Entities (replealed) ·         Islamic College of Brisbane Staff Code of Conduct Policy ·         Islamic College of Brisbane Complaints Handling Policy
Review Date:	Annually	Next Review Date:  16.05.2024
Policy Owner:	School Governing Body

 

 

Definitions

 

Whistleblower Protection Regime – what is it?

The Whistleblower Protection Regime is a regime contained in Part 9.4AAA of the Corporations Act. The regime contains protections for individuals who disclose information regarding suspected wrongdoing or misconduct within an entity where certain requirements are met. The regime applies to all Australian corporations.

 

Note: Part IVD of the Taxation Administration Act 1953 (Cth) contains a similar whistleblower protection regime in relation to the reporting of information which either assists the Commissioner of Taxation in performing his or her functions and duties or indicates misconduct or an improper state of affairs or circumstances in relation to the tax affairs of a school.

 

Eligible Whistleblower[1]– Who qualifies for protection?

An individual is an Eligible Whistleblower if she or he has, or has had, a relationship with Islamic College of Brisbane. This relationship includes an individual being: an officer or employee of Islamic college of Brisbane, a supplier of services or goods to Islamic College of Brisbane (whether unpaid or paid (including volunteers)), and employee of a person that supplies services or goods to Islamic College of Brisbane, an associate of Islamic College of Brisbane[2], and relative, spouse, and dependant of any of these individuals.

 

Disclosable Matter[3] – What kind of disclosures can be made under this policy?

 

A Disclosure Matter means information based on which an Eligible Whistleblower has reasonable grounds to suspect:

• misconduct (including fraud, negligence, default, breach of trust and breach of duty) or an improper state of affairs or circumstances in relation to Islamic College of Brisbane and if Islamic College of Brisbane is a company limited by guarantee (CLG), a related body corporate of Islamic College of Brisbane;
• that the information indicates that Islamic College of Brisbane, or an officer or employee of Islamic College of Brisbane, and if Islamic College of Brisbane is a CLG, a related body corporate of Islamic College of Brisbane or an officer of employee of a related body corporate, has engaged in conduct that:
  • is an offence against, or contravention of, a provision of the Corporations Act or the Australian Securities and Investments Commission Act 2001 (Cth);
  • is an offence against any other law of the Commonwealth that is punishable by imprisonment for 12 months or more;
  • represent a danger to the public or the financial system.

 

A Disclosale Matter does not include a Personal Work Grievance. A Personal work Grievance has the same meaning as “personal work-related grievance” as defined in the Corporations Act which, at the date of this policy, means information disclosed relating to the discloser if:

• the information concerns a grievance about any matter in relation to the discloser’s employment, or former employment having (or tending to have) implications for the discloser personally; and
• the information does not:
  • have significant implications for Islamic College of Brisbane; and
  • does not concern a Disclosable Matter.

 

Eligible Recipients[4] – To whom should a disclosure be made?

 Each of the following is an Eligible Recipient in relation to Islamic College of Brisbane:

• Islamic College of Brisbane is a CLG, an officer or senior manager of a related body corporate of Islamic College of Brisbane;
• the auditor or a member of an audit team conducting an audit of Islamic College of Brisbane, or a related body corporate of Islamic College of Brisbane;
• a person authorised by Islamic College of Brisbane to receive disclosure that may qualify for protection under the Corporations Act, such as the Whitleblower Protection Officer.

Detriment[5]

 Detriment refers to unfair action or treatment of an Eligible Whistleblower and includes the following:

• dismissal of an employee;
• injury of an employee in their employment;
• alteration of an employee’s position or duties to their disadvantage;
• discrimination between an employee and other employees of the same employer;
• harassment or intimidation of a person;
• harm or injury to a person, including psychological harm;
• damage to a person’s property;
• damage to a person’s reputation;
• damage to a person’s business or financial position;
• any other damage to a person.

Policy Statement

Islamic College of Brisbane is committed to maintaining and promoting high standards of integrity, governance and ethical behaviour within the organisation by people at all levels, starting with the governing body, the CEO, senior management and all other persons employed or engaged by Islamic college of Brisbane.

 

Islamic College of Brisbane is committed to:

• operating legally, and in accordance with the applicable laws and practices;
• properly, in accordance with all organisational policy and procedures; and
• ethically, in accordance with Islamic College of Brisbane’s values and vision.

 

All Islamic College of Brisbane employees and associates have a responsibility to help detect, prevent and report instances of suspicious activity or wrongdoing. Therefore, Islamic College of Brisbane encourages the reporting of suspected misconduct to the Whistleblower Protection Officer in accordance with this policy.

 

The responsibility of the Whistleblower Protection Officer and Whistleblower Investigations Officer do not reside in the same person. They operate, and should be seen and understood to operate, independently of each other and should act in such a way that they discharge the two quite separate functions independently of each other. Training of these positions is provided to ensure awareness of the officer holders’ obligations and responsibilities.

 

When the protections apply

An individual is eligible for protection as a whistleblower under the Whistleblower Protection Regime in relation to a disclosure of information if:

1. he is or she is an Eligible Whistleblower; and
2. the disclosure is made to an Eligible Recipient; and
3. the disclosure concerns a Disclosable Matter.

A disclosure made to a legal practitioner (e.g. a lawyer) for the purpose of obtaining legal advice or legal representation in relation to operation of the Whistleblower Protection Regime under the Corporations Act will also be protected[6].

In certain circumstances, the Whistleblower Protection Regime allows Eligible Whistleblowers to make disclosures to professional journalists and members of parliament[7]. These are called “emergency disclosures” and “public interest disclosures”.  Strict conditions apply in order for such a disclosure to qualify for protection[8].

Public interest disclosure

An individual will be protected under the Whistleblower Protection Regime if they make a "public interest disclosure" that meets the following conditions:

• the individual is an Eligible Whistleblower and makes an initial disclosure which meets the requirements in items 1 to 3 above in relation to Islamic College of Brisbane;
• 90 days has passed since the first disclosure was made;
• the individual does not have reasonable grounds to believe that action is being, or has been, taken to address the matters to which the previous disclosure related;
• the individual has reasonable grounds to believe that making a further disclosure of the information would be in the public interest;
• after at least 90 days from when the first disclosure was made, the individual gives to the person to whom the first disclosure was made written notice that:
  • includes sufficient information to identify the first disclosure; and
  • states that the individual intends to make a public interest disclosure;
• the individual makes the second disclosure to:
  • a member of parliament (either of the Commonwealth or State); or
  • a journalist (meaning a person who is working in a professional capacity as a journalist for a newspaper, magazine, radio or television broadcasting service, or an electronic service which is operated on a commercial basis or by a body that provides a national broadcasting service and which is similar to a newspaper, magazine or radio or television broadcast); and
• the extent of the information disclosed by the individual in making the public interest disclosure is no greater than is necessary to inform the recipient of the Disclosable Matter.

 

Emergency disclosure

An individual will be protected under the Whistleblower Protection Regime if they make an "emergency disclosure" that meets the following conditions:

• the individual is an Eligible Whistleblower and makes an initial disclosure which meets the requirements in items 1 to 3 above in relation to Islamic College of Brisbane;
• the individual has reasonable grounds to believe that the information concerns a substantial and imminent danger to:
  • the health and safety of one or more persons; or
  • the natural environment;
• the individual gives to the person to whom the first disclosure was made written notice that:
  • includes sufficient information to identify the first disclosure; and
  • states that the individual intends to make an emergency disclosure; and
• the individual makes the second disclosure to:
  • a member of parliament (either of the Commonwealth or State); or
  • a journalist (meaning a person who is working in a professional capacity as a journalist for a newspaper, magazine, radio or television broadcasting service, or an electronic service which is operated on a commercial basis or by a body that provides a national broadcasting service and which is similar to a newspaper, magazine or radio or television broadcast); and
• the extent of the information disclosed by the individual in making the emergency disclosure is no greater than necessary to inform the recipient of the substantial and imminent danger.

 

How to make a report

Islamic College of Brisbane is committed to providing a safe, reliable and confidential way of reporting any Disclosable Matters.

 

A report may be made verbally, including via telephone, or in writing, including by email.

 

The report should include details of: the nature of the allegation(s), the individuals involved, the key facts on which the person making the report has formed the view that a Disclosable Matter exists and involves the individual or individuals named in the report, and the nature and whereabouts of any additional evidence that substantiates the allegation(s).

Reports will be treated confidentially. 

• The telephone numbers listed below will be manned only by Eligible Recipients and numbers will not be recorded. Individuals may also send text messages to the telephone numbers listed below.  If you wish to remain anonymous, any text messages should be sent from a number that is not known to Islamic College of Brisbane.
• Written reports sent to the email addresses listed below will only be accessible by Eligible Recipients and password protected. If a reporter wishes to remain anonymous, any emails should be sent from an email address that is unknown to Islamic College of Brisbane and which does not identify the reporter.

 

Whistleblower Protection Officer

The Director of Islamic Studies & Arabic is appointed as a Whistleblower Protection Officer  who safeguard the interests and identity of the eligible whistleblower in terms of this policy and any applicable legislation and any employment policies, as limited by law.

 

The Whistleblower Protection Officer will have direct, unfettered access to independent financial, legal and operational advisers as required.

 

The Whistleblower Protection Officer can be contacted by the following means:

• email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• phone: 07 3841 3645
• in person

 

Whistleblower Investigations Officer

The CEO is appointed as Islamic College of Brisbane Whistleblower Investigations Officer. Their responsibility is to investigate the disclosure and prepare a report as required under this policy.

 

The Whistleblower Investigations Officer can be contacted by the following means:

• email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• phone: 07 3841 3645
• in person

Anonymous reporting

Whilst the identity of a reporter will enable the Eligible Recipients and Whistleblower Protection Officer to have ongoing communication with a reporter (which will likely assist in the investigation), reporters may remain anonymous.  If a reporter wishes to remain anonymous, they should maintain ongoing two-way communication with the Whistleblower Protection Officer so that the officer can ask follow-up questions or provide feedback without knowing the reporter's identity.

 

Islamic College of Brisbane will protect the anonymity of a reporter by communicating via an anonymous phone number or email address and allowing the reporter to adopt a pseudonym for the purposes of the disclosure and investigation.

 

Importantly, disclosures made anonymously will still be protected under the Whistleblower Protection Regime.

 

False reports

At Islamic College of Brisbane, an Eligible Whistleblower will not be disadvantaged by making a report unless the report is knowingly false. If the report is false, this will be taken as a serious matter and the reporter will be subject to disciplinary proceedings as per employment policies.

 

Investigation

Islamic College of Brisbane will investigate all matters reported pursuant to this policy as soon as practicable once a report has been received and within 7 days of a report being received.

 

The purpose of the investigation is to determine whether or not the reported concerns or allegations are substantiated, with a view to rectifying any wrongdoing uncovered to the extent that this is practicable in all the circumstances.

 

The investigation will be thorough, objective, fair and independent of the reporter and anyone who is implicated in the Disclosable Matter. This includes investigating without bias and any person implicated in the Disclosable Matter will have a right to respond.

 

The reporter (where possible, having regard to the reporter's request for anonymity) will be kept informed of the outcomes of the investigation arising from their report, subject to considerations of the privacy of anyone who is the subject of the Disclosable Matter and confidentiality requirements. Any reporter who is not an employee must first agree in writing that they will maintain the strict confidentiality of the report and the substance of the report and the investigation before they can be kept informed of the investigation.

 

Investigation processes will vary depending on the precise nature of the matter being investigated but will generally proceed as follows:

• With the consent of the reporter, the Eligible Recipient will inform the Whistleblower Protection Officer of the report. If the Eligible Recipient determines that this is not appropriate (for example, the information relates to the Whistleblower Protection Officer or the Whistleblower Investigations Officer) they will inform another appropriate, responsible individual e.g. Board Chair.
• The Whistleblower Protection Officer will appoint the Whistleblower Investigations Officer or, if the Whistleblower Protection Officer determines that this is not appropriate (for example, the information relates to the Whistleblower Investigations Officer), they will inform another appropriate, responsible individual.
• The Whistleblower Investigations Officer (or other person appointed to investigate the report) will be required to notify the Board of Islamic College of Brisbane in order to commence the investigation. The identity of the reporter will be protected if required by the reporter.
• Where appropriate, Islamic College of Brisbane may, in its discretion, provide a reporter with feedback regarding the investigations and outcome.
• An investigation will be conducted in a fair and objective manner, as is reasonable and having regard to the nature of the matter reported, the report made and any relevant circumstances.
• The enquiries made, and the process of the investigation will be determined by the individual/s conducting the investigation having regard to the nature and substance of the report. This may include the investigation being undertaken internally or the appointment of an independent third party.
• If a report is not made anonymously, or the reporter has otherwise provided a means of contact, the Whistleblower Protection Officer will be in contact with the reporter to discuss the investigation process including who may be contacted during the process and other matters relevant to the investigation.
• If the report is made anonymously, and the reporter does not provide a means by which they may be contacted, the investigation will be conducted based solely on the content of the report.

 

• Throughout the investigation:
  • All information obtained will be properly secured to prevent unauthorised access and disclosure in accordance with this policy;
  • All relevant witnesses will be interviewed, and documents examined;
  • The identity of any individuals named or implicated in the reported conduct will be kept confidential;
  • Witnesses will be directed not to draw inferences regarding the identity of any individuals involved in any alleged misconduct based on the substance of the questions asked;
  • Notes will be made of all discussions, phone calls and interviews;
  • Without the reporter's consent, Islamic College of Brisbane cannot disclose information that is likely to lead to identification of the reporter as part of its investigation process, unless:
    • the information does not include the reporter's identity;
    • Islamic College of Brisbane removes information relating to the reporter's identity or other information that is likely to lead to the identification of the reporter (e.g. name, position, title, other identifying details); or
    • the disclosure is authorised under the Whistleblower Protection Regime (for example, the disclosure is made to ASIC, APRA, the AFP or a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of the Whistleblower Protection Regime);
    • it is reasonably necessary for the investigation of the issues raised in the disclosure.
  • If the reporter has provided contact details or means by which they may be contacted, Islamic College of Brisbane will provide the reporter with regular updates. The frequency and timeframe of updates will vary depending on the subject matter of the report.
  • The Board of Islamic College of Brisbane will ensure that the investigation is completed within a reasonable time depending on the circumstances and within no less than 90 days of the commencement of the investigation, subject to extraordinary circumstances justifying extension beyond this time.
  • A reporter who makes an anonymous report may choose to remain anonymous while making a report, over the course of the investigation and after the investigation is finalised. Accordingly, a reporter can refuse to answer questions that they feel could reveal their identity at any time.
  • The investigation process may be subject to some limitations, including that Islamic College of Brisbane may not be able to undertake an investigation if it is not able to identify the reporter; for example, if a report is made anonymously and the reporter has refused to provide, or has not provided, a means of contact for any further questions or follow up which Islamic College of Brisbane may need as part of the investigation.
  • At the conclusion of the investigation, the Whistleblower Investigations Officer (or other person appointed to conduct the investigation) will prepare a report for the Board of Islamic College of Brisbane which will include:
    • the allegations;
    • a statement of all relevant findings of fact and the evidence gathered and upon which conclusions have been based;
    • the conclusions reached, including the damage caused, if any, and the impact on Islamic College of Brisbane and any other affected parties;
    • recommendations, based on the report's conclusions, to address any wrongdoing identified and any other matters that arose during the investigation.
  • The report will be provided to the Board of Islamic College of Brisbane and the reporter (if possible), with any applicable confidentiality stipulations.

 

Ensuring fair treatment of employees who are mentioned in reports

To ensure that employees who are mentioned in reports are treated fairly, Islamic College of Brisbane will ensure that the principles of natural justice are adhered to throughout the investigation process whilst maintaining the protection of Eligible Whistleblowers. For example, Islamic College of Brisbane will ensure that employees named in the reports are provided with details of any allegations made against them along with any relevant evidence substantiating those allegations and affording them a right to respond to the allegations.

 

Protection of Eligible Whistleblowers

To encourage reporting, Islamic College of Brisbane is committed to ensuring the confidentiality of all matters raised under this policy and the protection and fair treatment of those who make a report and those named or implicated in a report during the investigation process.

 

Eligible Whitstleblowers will be protected as follows:

 

Protection against detrimental treatment

Islamic College of Brisbane will not tolerate or permit a person within Islamic College of Brisbane to:

• engage in conduct that causes Detriment to a reporter (or another person) in relation to a report, if:
  • the person believes or suspects that the reporter (or another person) made, might have made, proposed to make or could make a report that qualifies for protection; and
  • the belief or suspicion is the reason, or part of the reason, for the conduct;
• make a threat (whether express or implied, conditional or unconditional) to cause Detriment to a reporter (or another person) in relation to a report.

Detrimental treatment includes dismissal, demotion, harassment, discrimination, bullying, disciplinary action, threats, bias or other unfavourable treatment connected with making a report under this policy.  Detrimental treatment does not include things like genuine performance management or the genuine exercise of legal rights against a person.

 

If a reporter is subjected to detrimental treatment as a result of making a report under this policy, they should immediately inform the Whistleblower Protection Officer or other individual handling the report.

 

Protection of reporter's identity and confidentiality

Subject to any legal requirements, on receiving a report under this policy, Islamic College of Brisbane will only share a reporter's identity as a whistleblower or information likely to identify a reporter if:

• the reporter consents;
• the report is made to ASIC, APRA or the Australian Federal Police; or
• the concern is raised with a lawyer for the purpose of obtaining legal advice or representation.

Any disclosures of a reporter's identity or information likely to reveal a reporter's identity will be made on a strictly confidential basis.

 

Islamic College of Brisbane will protect the confidentiality of a reporter by:

• reducing the risk that the reporter will be identified from the information contained in the disclosure by:
  • redacting all personal information or reference to the identity of the reporter witnessing an event;
  • referring to the reporter in gender-neutral terms;
  • contacting the reporter to help identify certain aspects of the disclosure that could inadvertently identify them; and
  • ensuring that disclosures are handled and investigated by qualified individuals.
• ensuring that its record-keeping and information sharing processes are adequate to ensure the protection of a reporter's identity, such as by:
  • storing all records securely;
  • ensuring access to all records and information relating to the disclosure is limited to those directly involved in managing and investigating the disclosure;
  • ensuring that only a restricted number of individuals directly involved in the handling and investigation of a disclosure will be aware of the reporter's identity (subject to the reporter's consent) or information which may identify the reporter;
  • ensuring that material relating to the matter will not be sent to an email address or left in a situation (such as at a communal printer) that can be accessed by other individuals; and
  • reminding all individuals involved in the handling and investigation of a matter are regularly reminded of their confidentiality requirements, including that in the circumstances that apply under the Whistleblower Protection Regime, the unauthorised disclosure of an individual’s identity may be a criminal offence.

 

Protection of files and records

In order to protect the reporter and any individual named or implicated in a report, Islamic College of Brisbane will ensure that all files and records created from an investigation arising from a report made under this policy will be stored safely and securely and will be appropriately protected having regard to whether the records are stored in electronic form or in paper copy.

 

This will be achieved by:

• If the files are electronic – ensuring that the system is adequately protected by password protection or encryption, and the files and records are stored on secure data storage systems and accessible only by authorised individuals involved with the investigation or with sufficient security clearance;
• If the files are hard copy – ensuring that the files are stored in locked storage and that the keys to the storage are kept safely and securely in a location only known to authorised individuals involved with the investigation or with sufficient security clearance.

Protections under the Corporations Act

In addition to the above internal mechanisms to protect a reporter, the Corporations Act contains special protections to Eligible Whistleblowers if the conditions in conditions 1,2 and 3 in the section of this policy headed "When the protections apply" are met.  These special protections are:

• the Eligible Whistleblower is immune from any civil, criminal or administrative legal action (including disciplinary action) for making the disclosure;
• no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the Eligible Whistleblower for making the disclosure;
• in some circumstances, the disclosed information is not admissible against the Eligible Whistleblower in criminal proceedings or in proceedings for the imposition of a penalty[9];
• anyone who causes or threatens to cause Detriment[10] to an Eligible Whistleblower or another person in the belief or suspicion that a report has been made, or may have been made, proposes to or could be made, may be guilty of an offence and may be liable for damages;
• an Eligible Whistleblower’s identity cannot be disclosed to a court or tribunal except where considered necessary; and
• the person receiving the report commits an offence if they disclose the Eligible Whistleblower’s identity or information that is likely to lead to the identification of the Eligible Whistleblower, without the Eligible Whistleblower’s consent, to anyone except:
  • ASIC;
  • APRA;
  • the Australian Federal Police (AFP); or
  • a legal practitioner for the purpose of obtaining legal advice or representation in relation to the disclosure.

However, these protections do not grant immunity for any misconduct that an Eligible Whistleblower has engaged in that is revealed in their disclosure.

 

Islamic College of Brisbane will ensure that Eligible Whistleblowers are protected against Detriment by:

• undertaking an assessment of the risk of Detriment against the Eligible Whistleblower and other persons (e.g. other personnel who may be suspected to have made a disclosure) as soon as possible after receiving the disclosure;
• where possible, providing support services to the Eligible Whistleblower e.g. counselling sessions, to assist the Whistleblower to minimise and manage stress;
• where possible, engaging with the Eligible Whistleblower to assist in providing or identifying strategies to minimise and manage time or performance impacts, or other challenges resulting from the disclosure or the investigation, such as by providing other modifications for the Eligible Whistleblower to continue to work e.g. reassignment to another role, changes to their role or the way they perform their duties;
• ensuring Islamic College of Brisbane's management is aware of their responsibilities to maintain the confidentiality of a report, address the risks of isolation or harassment, manage conflicts and ensure fairness when managing the performance of, or taking other management action relating to, an Eligible Whistleblower;
• informing the Eligible Whistleblower that they can lodge a complaint with Islamic College of Brisbane via the Whistleblower Protection Officer if they have suffered Detriment in accordance with Islamic College of Brisbane's complaints policy. Any complaint will be taken seriously and dealt with by Islamic College of Brisbane in accordance with that policy.

 

 

Confidentiality of a report made under the Corporations Act

If a disclosure is made, the identity of the Eligible Whistleblower must be kept confidential unless one of the following exceptions arises:

• the Eligible Whistleblower consents to the disclosure of their identity;
• disclosure of details that might reveal the Eligible Whistleblower's identity is reasonably necessary for the effective investigation of the Disclosable Matter;
• the concern is reported to ASIC, APRA or the Australian Federal Police (AFP); or
• the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the operation of the Whistleblower Protection Regime.

It is illegal for a person to identify a disclosure or disclose information that is likely to lead to the identification of the Eligible Whistleblower, outside these exemptions. 

 

An Eligible Whistleblower may lodge a complaint with Islamic College of Brisbane about a breach of confidentiality in accordance with Islamic College of Brisbane’s Complaints Handling Policy.  An Eligible Whistleblower may also lodge a complaint with a regulator, such as ASIC, APRA or the ATO if their confidentiality is not protected.

 

Compensation/Remedies

An Eligible Whistleblower can seek compensation and other remedies through the courts if:

• they suffer loss, damage or injury because of a disclosure; and
• Islamic College of Brisbane failed to take reasonable precautions and failed to exercise due diligence to prevent Detrimental conduct.

Awareness

Islamic College will ensure that all its officers and employees have access to this policy by publishing on the school’s website.

 

Islamic College of Brisbane will ensure that all its officers and employees are aware of this policy in the following ways:

• through its induction and continuous training procedures.
• the Islamic College of Brisbane Staff Code of Conduct includes reference to this policy.

 

 

[1] Corporations Act 2001 (Cth), section 1317AAA

[2] Within the meaning of “Associate” given by section 10 to 17 of the Corporations Act which will generally include a director or secretary, a related body corporate and a director or secretary of a related body corporate.

[3] Corporations Act 2001 (Cth), section 1317AA (2) (4) (5)

[4] Corporations Act 2001 (Cth), section 1317AAC (3)

[5] Corporations Act 2001 (Cth), section 1317ADA

[6] Corporations Act 2001 (Cth), section 1317AA (2)

[7] Corporations Act 2001 (Cth), section 1317AAD (3)

[8] Corporations Act 2001 (Cth), section 1317AAD

[9] For example, where the disclosure has been made to ASIC or PRA, or where it qualifies as a public interest disclosure or emergency disclosure.

 

 

Purpose:	This Risk Management Framework introduces the Islamic College of Brisbane’s approach to risk management. It includes a definition of risk, a summary of the purpose and key features of the Framework, and responsibilities for the management of risk throughout the Islamic College of Brisbane.
Scope:	Students and employees, including full-time, part-time, permanent, fixed-term and casual employees, as well as contractors, volunteers and people undertaking work experience or vocational placements
Status:	Approved		Supersedes: 16.05.2023
Authorsied by:	Board Chair		Date of Authorisation: 16.05.2024
References:	·         Islamic college of Brisbane Risk Registers ·         Islamic College of Brisbane Delegations Procedure &  Framework
Review Date:	Annually	Next Review Date: 23.01.2023
Framework Owner:	School Governing Body

 

Policy Statement

 

The Islamic College of Brisbane is committed to protecting the safety of its students, staff, visitors and volunteers and operating in a financially sustainable manner that is consistent with the needs of its stakeholders.

 

Risks that are inherent to the operation of the college will be identified, analysed, evaluated and undertaken in a consistent manner. Risk management procedures that form the Risk Management Framework will be used to ensure that risks are monitored and managed to an acceptable level of tolerance to the college, as defined by the Board.

 

The Islamic College of Brisbane will therefore:

 

• Identify reasonably foreseeable risks associated with its activities that may have a material impact on the college;
• Assess identified risks;
• Put in place controls and treatments to reduce risks to a target level that is consistent with the college’s requirements;
• Communicate issues in relation to risks and risk management activities to key stakeholders; and
• Perform on-going monitoring and review of key risks to ensure that changes to the risks affecting the college are identified and managed in a timely manner.

 

Definitions

 

Consequence	The expected outcome or impact of a risk event
Current risk	The risk that remains after mitigating actions or controls have been considered. Current risk is assigned a rating based on current consequence and current likelihood (commonly considered the residual risk rating)
Inherent Risk	Rating of a risk assuming no controls are in place
Likelihood	The probability or chance of a risk event occurring
Operational risk	Key risks arising from the Islamic College of Brisbane’s operational activities. Operational risks are component risks within each strategic risk
Residual risk	The level of risk that remains after assessing the effectiveness of the controls, management strategies and other mechanisms in place to mitigate a particular risk (Treated Risk)
Risk	Risk is often characterised by reference to any event that will have an impact on the college or any of its activities. Risk is measured in terms of the consequences that could arise from an event (including changes in circumstances), and the likelihood of that particular consequence occurring.   Risks to the Islamic College of Brisbane are generally assessed in terms of their people, reputation, business operations, governance, financial and educational/ academic outcomes respectively
Risk appetite	The risk appetite of the Islamic College of Brisbane is the amount and type of risk that the Islamic College of Brisbane is willing to take in order to meet its strategic objectives.
Risk identification	The process of determining the what, where, when, why and how something could happen
Risk Management Framework	Framework enabling the consistent management and reporting of risk throughout the Islamic College of Brisbane. The framework includes a risk policy, risk assessment protocol, risk reporting protocol and risk register
Risk rating	A categorisation or prioritisation of risk combining likelihood, consequence and mitigating actions. See current risk and target risk
Risk register	Register that defines and assesses key components of each risk
Risk treatment	The process of implementing measures to modify risk
Strategic risk	Risk categories that represent the key risk areas for the Islamic College of Brisbane. Strategic risks impact on the achievement of the organisation’s strategic objectives
Worst credible consequence	The worst potential consequence arising from a risk event should that risk occur. Worst credible consequence should be used to calculate consequence ratings

 

 

Responsibilities

 

Board

 

The Board is responsible for ensuring that the Islamic College of Brisbane’s risk management practices are appropriate and commensurate with the needs of the college and its stakeholders. The Board shall determine the level of risk that the college is prepared to accept in undertaking its activities. These oversight responsibilities include:

• Receiving and challenging the strategic risk profile on a regular basis;
• Approving the Risk Management Framework on an annual basis; and
• Reviewing and approving risk information (including independent appraisals of the Risk Management Framework and external disclosures) that is provided to the Board by the Risk Management Committee from time to time.

 

Chief Executive Officer (CEO)

 

The CEO is responsible for:

 

• Ensuring all risk owners, staff, students and volunteers adhere to the Risk Management Framework;
• Reviewing and endorsing any information provided by the Risk Management Committee to the Board.

 

Risk Management Committee

 

A Risk Management Committee has been established to oversee the Islamic College of Brisbane’s risk management processes. Functions of this role include:

 

• Ongoing review and approval of the Islamic College of Brisbane’s risk register in accordance with the Risk Reporting Protocol;
• Annually reviewing and recommending to the Board any proposed changes to the Risk Management Framework;
• Monitoring adherence to the Risk Management Framework;
• Promoting awareness of the Risk Management Framework throughout the college; and
• Providing any relevant risk information (e.g. independent appraisals of the Risk Management Framework or external disclosures) to the Board for approval.

 

Senior Management Team

 

The Senior Management Team has responsibility for communicating and consulting with staff to ensure risks are identified, appropriate controls are in place and any necessary treatments are addressed in relation to the operational activities of the college.

 

The Senior Management Team comprises those persons incumbent in the positions of:

 

• Chief Executive Officer (CEO);

• Senior Leadership Team

 

Risk Owners

 

Risk Owners are individuals who have been allocated ownership of strategic or operational risks and are responsible for managing, monitoring and reporting on the status of the risk to the Board and Risk Management Committee. Risk Owners should follow the Risk Management Framework in fulfilling their obligations which include:

• Monitoring and updating risks and their associated ratings on at least a quarterly basis;
• Reporting any new or re-rated risks in accordance with the Risk Assessment Protocol;
• Reviewing all risks in their area at least once per year.

 

All Staff, Contractors and Volunteers

 

Risk management is the responsibility of all Islamic College of Brisbane staff, contractors and volunteers. This group should be aware of and are responsible for applying risk management principles and practices relevant to all areas of their work.

 

Risk Assessment Protocol

 

Risk management is enhanced through the establishment of consistent and clear procedures for performing risk assessments. The Risk Assessment Protocol describes the criteria that will be used by The Islamic College of Brisbane to assess consequence and likelihood, leading to an overall risk rating. The overall risk rating will be measured for current risk (the risk level at the present time that takes into account all controls) and target risk (a future risk level that the Islamic College of Brisbane would like to reach in the short to medium term).

 

The Board has considered ISO 31000 in developing its risk assessment process. It has developed its process using likelihood and consequence measures, and building these into a risk level matrix. Risk will be assessed on an inherent basis (before controls are applied), and on a residual risk basis (following the application of controls).

The Risk Assessment Protocol also describes the ownership, monitoring and management requirements for each level of overall risk.

 

Risk Consequence

 

Risk consequence describes the expected outcome or impact should a risk event occur. When assessing consequence, the worst credible outcome should be used. The potential consequence for a risk will be assessed using the following scale. The Board has determined that a ‘material’ risk is one that has the potential, if realised, to:

 

• Adversely affect the interests of students, staff and other stakeholders; or
• Have a significant impact on the business operations, reputation, profitability or net assets of the college.

 

In assessing risk, the most appropriate consequence descriptor or combination of descriptors to determine the consequence rating will be selected.

 

Matrix 1 - Risk Consequence

Consequence	Insignificant	Minor	Moderate	Major	Severe
People (Staff, Students, Volunteers, Contactors)	- Minor irregular capacity / capability failures or Injuries or ailments not requiring medical treatment	- Minor capacity/ capability failures or minor injury or first aid treatment case	- Repetitive failure in business capacity/ capabilities causing some reputational impact or serious injury causing hospitalisation or multiple medical treatment cases	- Parts of business fail due to capacity/ capability failures or life threatening injury or multiple serious injuries causing hospitalisation	- Business failure due to capability failures or Death or multiple life threatening injuries
College Reputation	- Expected consequence of conducting business - Manager Review	- Minor disruptions in business - Senior Management review	- Internal disruption some disaffected students/ staff/ parents – Principal or Board scrutiny.	- Intense public, political and media scrutiny. Will significantly impact enrolment base. Board or external party review.	- Will impact organisational viability.
College Business Operations	- Minor errors in systems or processes requiring corrective action, or minor delay without impact on overall business.	- Policy procedural rule occasionally not met or services do not fully meet needs.	- One or more key accountability requirements not met. Inconvenient and disruptive but not organisationally threatening.	- Strategies not consistent with organisation’s agenda. Trends show service is degraded. - Significant and repetitive control failures leading to major impact in business operations	- Critical system failure, bad advice or ongoing non-compliance. -Business severely affected.
College Financials	- % of revenue or x% reduction in enrolments	% of revenue or x% reduction in enrolments	- % of revenue or x% reduction in enrolments	- % of revenue or x% reduction in enrolments	- % of revenue or x% reduction in enrolments
Educational/ Academic Outcomes	- Immaterial reduction in students graduating with an OP result; minor changes in curriculum and delivery expect in line with normal college management	- Small trend showing reduction in students graduating with an OP result; increasing instability in curriculum and delivery resulting in some parent complaints	- Moderate (%) reduction in students graduating with an OP result; loss of recognition as leading college in educational delivery; narrowing extra-curricular activity	Material (%) reduction in students graduating with an OP result; substantial loss of recognition as leading college in educational delivery; narrowing extra-curricular activity showing possible impact on reputation and enrolments	High (%) reduction in students graduating with an OP result; serious loss of recognition as leading college in educational delivery; narrowing extra-curricular activity delivery impacting reputation and enrolments

 

Risk Likelihood

 

Risk likelihood describes the chance of a given risk consequence occurring. Likelihood will be assessed using the scale shown in the following table.

 

Matrix 2 - Risk Likelihood

 

Likelihood	Frequency/Probability	Control Environment
Almost Certain	• The most likely and expected result if the event takes place. • This option may occur many times daily or it may be expected to occur in the timeframe under consideration.	Control commonly fails (more than 75% of the time)
Likely	• Would not be unusual. • May occur approximately once per day or once per week.	Control failure not unexpected (more than 40% of the time)
Possible	• Unusual but possible or a 10% chance of happening. • This may occur on an occasional basis, i.e. once per month or once per annum.	Control could possibly fail (20% - 50% of the time)
Unlikely	• Remotely possible; may occur within a 10 year period or a 5% chance of happening. • This event occurs rarely, but has been known to occur	Control failure unexpected (or less than 20% of the time)
Rare	• Has never happened after many years of exposure, but is conceivably possible. • May occur within a 20 year period or less than 1% chance of happening	Control not known to fail.

 

 

 

Risk Rating

 

The overall risk rating is assessed using the following matrix and rating criteria.

 

Matrix 3 – Risk Rating

 

 

 

 

 

 

 

 

 

 

 

Risk Rating

 

The overall risk rating is assessed using the following matrix and rating criteria.

 

Matrix 3 – Risk Rating

	1   Insignificant	2   Minor	3   Moderate	4   Major	5   Severe
5 Almost Certain	M5	H10	H15	VH20	VH25
4 Likely	M4	M8	H12	H16	VH20
3 Possible	L3	M6	H9	H12	H15
2 Unlikely	L2	L4	M6	M8	H10
1 Rare	L1	L2	M3	M4	H5

 

Risk Treatment

The following table describes the actions that should take place for the risk depending on its overall risk rating.

 

Matrix 4 – Risk Treatment

 

VH	Very High Risk Principal/Board attention needed, action plans and management responsibility specified. Risk escalated to the Board as required.
H	High Risk Senior management team attention needed, action plans and management responsibility specified.
M	Medium Risk Manage by specific monitoring or response procedures, with management responsibility specified.
L	Low Risk Manage by routine procedures, unlikely to need specific application of resources.

 

Risks identified as inherently ‘Low’ or ‘Medium’ are considered acceptable. However these risks will be managed and monitored regularly to ensure they remain acceptable to the changing environment and to Islamic College of Brisbane. Inherent risks identified as “High’, or ‘Very High’ are considered as material risks and therefore are managed more stringently. Where appropriate, a treatment plan will be designed to improve the residual risk status of these risks.

 

Risk Treatment Options

 

In preparing the Risk Treatment Action Plan, the following treatment options will be considered:

 

1. Avoid the Risk

• Do not proceed with the activity likely to generate the risk

 

2. Reduce the Likelihood of the occurrence

• Documented policies and procedures;
• Structured training and induction programmes;
• Effective supervision processes;
• Effective monitoring, review, audit and compliance procedures

 

3. Reduce the consequences of the occurrence

• Appropriate qualifications;
• Documented emergency/incident management procedures

 

4. Transfer the risk

• Outsource the activity to a third party;
• Seek legal or other external advice;
• Insurance

 

5. Retain the risk following cost/benefit analysis

 

Risk Reporting Protocol

 

Risk reporting allows Islamic College of Brisbane to manage and monitor key risks at all levels of the organisation. It represents how risk management is communicated and helps ensure that the appropriate people receive timely risk information to make informed decisions and take appropriate risk management actions.

 

Overview

	Strategic Risks	Operational Risks	Responsible to
College Board	-          Ensure that the strategic risk profile is reviewed annually   -          Establish, implement and monitor the business plan and objectives   -          Review and approve risk information from Governance Committee	-          Oversight of all operational risks through the Principal and Executive Management Team
Risk Management Committee	-          Oversight of all strategic risks – implementation, monitoring, review and approval   -          Review annually and monitor adherence to the Risk Management policy	-          Oversight of all operational risks through the Principal and Executive Management Team	-          Report to College Board quarterly on all operational and strategic risks with a high or very high risk rating
Principal	-          Action plans and management responsibility allocated for all high and very high risk areas	-          Ensure all risk owners, staff, students and volunteers adhere to the Risk Management policy	-          Report to Risk Management Committee on changes to strategic and operational risk areas quarterly and on any new, changed or re-rated risk as needed
Senior Management Team	-          Action plans and management responsibility allocated for all high and very high risk areas	-          Responsible for identification, monitoring and reporting of all operational risks	-          Report to Risk Management Committee via Principal on changes to strategic and operational risk areas quarterly and on any new, changed or re-rated risk as needed
Risk Owners	-          Responsible for identification, monitoring, review and reporting on specific strategic risk area	-          Responsible for identification, monitoring, review and reporting on specific risk area	-          Report to Senior Management Team quarterly;   -          Report on any new, changed or re-rated risk as needed

 

 

Strategic Risk Assessment and Reporting

 

Risk registers are maintained by the college to identify, rate and monitor risk. A strategic risk register sets out identified strategic risks within the whole of college context. These risks underpin organisational strategy and are reviewed by the Risk Management Committee reporting through to the Board on a quarterly basis.

 

The Board is active in monitoring the effectiveness of the controls to ensure that the residual risk remains within prudent limits Appendix A outlines the standard reporting for strategic risk.

 

Operational Risk Assessment and Reporting

 

The Senior Management Team, as risk owners, is responsible for identification, monitoring and reporting on operational risks. Each business area will identify, document, monitor and report on operational risks. Appendix B is the template register for operational risks.

 

Operational Risk Documentation

 

Each Risk Owner conducts a risk management review which is documented on its:

 

• Risk Register; and
• Risk Treatment Action Plan.

 

The Risk Register provides information on the identified risks, including material risks, of the college. The Risk Owner for each risk area is responsible for development of a Risk Register and Risk Treatment Action Plan which follows the risk identification and evaluation methods set out in this Framework. The College Business Manager will maintain the risk management documentation on behalf of the Risk Management Committee which oversees the operational risks management at the Islamic College of Brisbane. The Risk Management Committee is active in monitoring the effectiveness of the controls to ensure that the residual risk remains within prudent limits.

 

Operational Risk Monitoring and Review

The Principal and the Senior Management Team shall report, on their respective delegated areas of responsibility, to the Risk Management Committee on a quarterly basis, but additionally at any other time when there is a significant change in the college’s risk exposure. The reports will provide details on:

 

• The status of risks and risk treatments with an inherent risk rating of high or extreme in the risk register; and
• Any additional action required.

 

High risks will be monitored by the Principal and/or the College Business Manager. Very high risks will be managed by the Principal on an ongoing basis and will be monitored closely by the Board through the Risk Management Committee. Where any risk is rated “high” or “very high” a comprehensive risk treatment plan is to be in place. Any worsening of the risk is to be immediately reported to the Board through Chair.

 

Appendixes

• Appendix A – Reporting Strategic Risk;
• Appendix B – Risk Register and Risk Update

 

Appendix A – Strategic Risk Reporting

 

Risk Description:

 

Risk Owner:

 

Inherent Risk Rating			Internal Controls	Residual Risk Rating
Likelihood	Consequence	Rating		Likelihood	Consequence	Rating
Risk Owner	Proposed further action/treatment

 

 

 

 

 

Appendix B – Risk Register

 

Area:

 

Section:

 

Risk No	Nature of the Risk		Impact	Likelihood	Consequence	Risk Rating	Existing Treatments/Controls	Residual Risk Rating	Further action required	Person Responsible
		What can happen& how	Outcomes if event occurred	Rating from Policy	Rating from Policy	Matrix from Policy	Strategies to eliminate or minimise risk	Evaluate the effectiveness of treatment/control strategies	Additional treatments/ controls required to make risk	Person responsible for managing the risk
1.
2.
3.
4.
5.
6.

 

 

 

 

Risk Update

 

• <<Provide a short description of any significant control breakdowns that have been detected, and whether or not these led to an incident. Where accidents or losses have occurred, provide a summary of the incident and the key outcomes from the investigation>>
• <<Describe any changes that may affect Islamic College of Brisbane’s risk profile either now or in the foreseeable future. This may include information on competitors’ actions, changes that have affected other colleges, and even speculative comments on the possible impact of upcoming changes e.g. changes to legislation, government policy etc.>>
• <<Provide updates on significant changes to Islamic College of Brisbane’s risk management activities and any other relevant events e.g. status report on on-going projects, progress reports on the implementation of changes following incident investigations etc.>>

 

Summary of new, re-rated or closed risks

 

• <<Provide a summary of all new, re-rated or closed operational risks with a rating of very high since the last Board meeting, using the table below>>

 

Risk	Risk Description	Previous Rating   (if re-rated)	New Rating	Comments

 

Detailed Risk Description

• <<For all new or re-rated very high strategic risks, management must provide a report using the template in Appendix A>>

 

Date of Authorisation	16.08.2021
Authorised by	Board Chair
Review Period	2 years
Next Review Date	15.08.2023
Policy Owner	School Governing Body

Code of Conduct Checklist - Intended Use

This Code of Conduct is intended to be made available to the College’s staff at the commencement of their employment (e.g. preferably around induction and training) and it is to be available and/or provided to staff during the course of their employment or involvement with the College. The Code forms comprehensive directions to these employees or others workers as to the expected standard of behaviour. This Code is intended to apply to all employees and contractors and volunteers in their work with the College.

This Code of Conduct applies to all employees of the College whether employed on a permanent, temporary or casual basis.

Preface - Code of Conduct

The aim of this Code is to outline the standards of behaviour expected of all employees of the College.

This Code does not attempt to provide a detailed and exhaustive list of what to do in every aspect of your work. Instead, it sets out general expectations of the standards of behaviour required.  

The Code places an obligation on all employees to take responsibility for their own conduct and to work with colleagues cooperatively to achieve a consultative and collaborative workplace where people are happy and proud to work.

Who has to comply with the Code of Conduct?

By accepting employment with the College, you must be aware of and comply with this Code.

Therefore, you must:

1. conduct yourself, both personally and professionally in a manner that upholds the ethos and reputation of the College
2. comply with the College’s policies and procedures
3. act ethically and responsibly
4. be accountable for your actions and decisions.

Contractors and Volunteers

Contractors, consultants and volunteers working with the College must be aware of this Code and conduct themselves in a manner consistent with the conduct described in it. Conduct that is not consistent with the conduct set out in this Code may result in the engagement of a contractor, consultant or volunteer being terminated.

If you are engaging or managing external consultants, contractors or volunteers, it is your responsibility to make them aware of the College’s expectations of conduct during the period of their engagement.

 

General

This Code is not intended to be contractual in nature and does not impose any contractual obligations on the College. The College reserves the right at its sole discretion to vary or cancel this Code at any time.

Nothing in this Code should be taken to limit the circumstances in respect of which the College may take disciplinary action in respect of an employee.

 

1. What is expected of you as an employee?

As an employee of Islamic College of Brisbane you should always ensure you that your actions are in-keeping with the ethos of the Islamic faith, the College’s vision and its mission.

 

As an employee, you should be aware of the College’s policies and procedures, particularly those that apply to your work. Many of these are available online; others may be made available to you through induction and training and development programs.

 

If you are uncertain about the scope or content of a policy with which you must comply, you should seek clarification from your CEO or supervisor.

 

You should also be familiar with the legislation under which you are employed as this may specify requirements with which you need to comply.

 

As a College employee, you are expected to:

1. perform your duties to the best of your ability and be accountable for your performance
2. follow reasonable instructions given by your supervisor or their delegate
3. comply with lawful directions
4. carry out your duties in a professional, competent and conscientious manner, while seeking suitable opportunities to improve your knowledge and skills, including through participation in relevant professional development
5. act honestly and in good faith in fulfilling your duties
6. be courteous and responsive in dealing with your colleagues, students, parents and members of the public
7. work collaboratively with your colleagues
8. ensure that your conduct, whether during or outside working hours, is consistent with the ethos of the College and does not damage the reputation of the College.

2. What happens if I breach the Code of Conduct?

As a College employee, you hold a position of trust and are accountable for your actions.

2.1     The consequences of inappropriate behaviour and breaches of this Code will depend on the nature of the breach.

2.2     Employees should report possible breaches by colleagues to their supervisor or the CEO. If the possible breach is by their supervisor then it should be reported to the CEO.

2.3     Factors the College may consider when deciding what action to take may include:

1. the seriousness of the breach;
2. the likelihood of the breach occurring again;
3. whether the employee has committed the breach more than once;
4. the risk the breach poses to employees, students or any others; and
5. whether the breach would be serious enough to warrant formal disciplinary action.

2.4     Actions that may be taken by the College in respect of a breach of the Code include management or remedial action, training or disciplinary action ranging from a warning to termination of employment. The College will reserve the right to determine in its entirety the response to any breach of this Code.

 

3. Required reporting

Employees are required to report certain information to the College.

3.1     All employees are required to inform the CEO if they are charged with or convicted of a serious offence (those punishable by 12 months or more in jail). You must also inform the CEO if you become the subject of an Apprehended Violence Order.

3.2     If, through your employment with the College, you become aware of a serious crime committed by another person, you are required to report it to the CEO, who may be required to inform the police.

3.3     As a College employee, you must report to the CEO:

any concerns that you may have about the safety, welfare and wellbeing of a child or young person; 

any concerns you may have about the inappropriate actions of any other employee, contractor or volunteer that involves children or young people;

any concerns you may have about any other employee, contractor or volunteer engaging in 'reportable conduct' or any allegation of 'reportable conduct' that has been made to you; and

if you become aware that an employee, contractor or volunteer has been charged with or convicted of an offence (including a finding of guilt without the court proceeding to a conviction) involving 'reportable conduct'; and

If you become the subject of allegations of ‘reportable conduct’ whether or not they relate to your employment in the College.

You should refer to the College's Child Protection Policy for further information about these obligations.

3.4     Please note that all employees have mandatory reporting obligations where they have reasonable grounds to suspect a child under the age of 18 years is at risk of significant harm and have current concerns about the safety, welfare and wellbeing of the child. You should refer to the College's [Child Protection Policy] for further information about these obligations.

 

 

 

 

 

 

 

4. Respect for people

The School expects employees to treat each other with respect and courtesy.

Our daily interaction with others reflects on the College’s reputation. Therefore, all employees are expected to be approachable, courteous and prompt (a 48 hour response time by any means of communication) in dealing with other people, including students, parents, other employees and members of the community.

4.1     Employees who work with students have a special responsibility in presenting themselves as appropriate role models for those students. Modelling effective leadership and respect in your interactions with students can have a profoundly positive influence on a student’s personal and social development.

4.2     Similarly, it is important for you to treat your colleagues, other employees, contractors, students and parents with respect. Rude or insulting behaviour, including verbal and non-verbal aggression, abusive, threatening, intimidating or derogatory language and physical abuse or intimidation towards other employees, contractors, students and parents is unacceptable. You must not use information and communication technologies, such as email, mobile phones, text or instant messaging, blogs, social media sites and other websites to engage in this type of behaviour.

4.3     You must not discriminate against, or harass for any unlawful reason, or bully for any reason any employee, contractor, student or parent. Your obligations in this regard, including the list of unlawful reasons, are set out in the College's [Anti-Discrimination Policy and , Anti-Bullying practices outlined in Behaviour Management Policy]. Unlawful harassment or discrimination may constitute an offence under state or federal discrimination legislation. Bullying may be a breach of your obligations under work health and safety legislation or your duty of care at common law.

4.4     You should ensure that you are aware of the College's [Anti-Discrimination Policy and, Anti-Bullying practices outlined in Behaviour Management Policy]. If you believe you are being unlawfully harassed or discriminated against or bullied:

1. where you feel comfortable ask the person to stop, or make it clear that you find the behaviour offensive or unwelcome. It may be useful to speak with your supervisor or Department Head in the first instance to seek guidance on how to do this; and/or
2. raise the issue as a grievance in accordance with the College's [Anti-Discrimination Policy and , Anti-Bullying practices outlined in Behaviour Management Policy] as soon as possible after the incident(s) have occurred.

4.5     The College takes reports of unlawful discrimination and harassment or bullying seriously and will consider action it considers appropriate if such conduct is found to have occurred including disciplining or dismissing offenders. Many incidents can be addressed effectively if reported early.

4.6     If you lie about or exaggerate a complaint, the College will view this as a very serious matter, and you may be disciplined or dismissed.

 

 

 

 

 

5. Duty of care and work health and safety

As a College employee, you have a duty of care to students in your charge to take all reasonable steps to protect students from risks of harm that can be reasonably predicted.

The duty encompasses a wide range of matters, including (but not limited to):

• the provision of adequate supervision
• ensuring grounds, premises and equipment are safe for students' use
• implementing strategies to prevent bullying from occurring in College, and
• providing medical assistance (if competent to do so), or seeking assistance from a medically trained person to aid a student who is injured or becomes sick at College.

Duty of care

5.1     As a College employee, you have a duty of care to students in your charge. That duty is to take all reasonable steps to protect students from risks of harm that can be reasonably predicted. For example, risks from known hazards and from foreseeable risk situations against which preventative measures can be taken. The standard of care that is required, for example; the degree of supervision needs to be commensurate with the students’ maturity and ability.

5.2     Duty of care to students applies during all activities and functions conducted or arranged by the College. The risks associated with any activity need to be assessed and managed before the activity is undertaken.

5.3     You should ensure that you are aware of the College's Information Sheets relating to Duty of Care, Excursions, Inter College Sport and Exchange Programs.

 

Work health and safety

5.4     You also have a responsibility under work health and safety legislation to take care of your own health and safety at work. It is also your responsibility to ensure that your activities do not place at risk the health and safety of your co-workers, students or other persons that you may come into contact with at work. 

5.5     Considerations of safety relate to both physical and psychological wellbeing of individuals.

5.6     You should ensure that you are aware of and the College's Work Health & Safety Statement.

 

Supervision of students

5.7     You should take all reasonable steps to ensure that no student is exposed to any unnecessary risk of injury.

5.8     You should be familiar with and comply with the College's evacuation procedures.

5.9     Students should not be left unsupervised either within or outside of class. You should be punctual to class and allocated supervision.

5.10   You should remain with students at after College activities until all students have been collected. In the event that a student is not collected you should remain with the student until collected, or seek advice from your supervisor.

5.11   Playground supervision is an integral part of the responsibility of staff. It must take precedence over other activities. It is unacceptable to be late. You should actively supervise your designated area, being vigilant and constantly moving around.

 

5.12   You should be alert to bullying or any other form of discriminatory behaviour, and report incidents to the appropriate staff member. Additional detail about student bullying is set out in the Anti-Discrimination Policy and , Anti-Bullying practices outlined in Behaviour Management Policy.

5.13   Ill or injured students should be attended to by the supervising staff member. Should additional assistance be required you should contact CEO, Head of Primary or Secondary.

5.14   You should ensure that you understand and comply with the College's policy in regard to the storage and administration of prescribed medication to students. 6. Professional relationships between employees and students

 

 

As a College employee, you are expected to always behave in ways that promote the safety, welfare and well-being of children and young people. You must actively seek to prevent harm to children and young people, and to support those who have been harmed.

While not all employees are required to manage and supervise students, it is important for all College employees to understand and observe the College’s child protection policies.

 

Supervision of students

6.1     You should avoid situations where you are alone in an enclosed space with a student. Where you are left with the responsibility of a single student you should ensure that this is in an open space in view of others. Where this is not possible or practical it should be discussed with your supervisor and/or the CEO.

6.2     You should never drive a student in your car unless you have specific permission from your supervisor and/or the CEO to do so. In the event of an emergency you should exercise discretion but then report the matter to your supervisor.

6.3     If you wish to conduct a private conversation with a student you should consider the time and venue carefully to avoid placing yourselves in a vulnerable situation. It is preferable to leave the door open. You should not locate yourself between the student and the door.

6.4     When confiscating personal items, such as mobile phones or hats, ask students to hand them to you. Only take items directly from students in circumstances where concern exists for the safety of the student or others and your own safety is not jeopardised by this action.

 

Physical contact with students

6.5     You must not impose physical punishment on a student in the course of your professional duties.

6.6     When physical contact with a student is a necessary part of the teaching/learning experience you must exercise caution to ensure that the contact is appropriate and acceptable. You should seek reassurance from the student by asking for a volunteer if necessary to demonstrate a particular activity.

6.7     Attention to the toileting needs of young children should be done with caution. It may be appropriate to have the door open. For students with a disability the management of toileting needs should be included in the student's individual management plan.

6.8     When congratulating a student, a handshake, pat on the shoulder or brief hug are acceptable as long as the student is comfortable with this action. Kissing of students is not acceptable.

6.9     Assessing a student who is injured or ill may necessitate touching the student. Always advise the student of what you intend doing and seek their consent.

6.10   Sometimes in ensuring duty of care you may be required to restrain a student from harming him or herself or others using reasonable force. Any such strategy must be in keeping with the College's behaviour management practices or individual student management plans. You should report and document any such incidents.

 

Relationships with students

6.11   You must not have a romantic or sexual relationship with a student. It is irrelevant whether the relationship is homosexual or heterosexual, consensual or non-consensual or condoned by parents or caregivers. You are reminded of:

1. the law prohibiting sexual relations with a person under the age of consent (16 years); and
2. the law prohibiting sexual relations between a teacher and their student under the age of 18 years.

6.12   You must not develop a relationship with any student that is, or that can be interpreted as having a personal rather than a professional interest in a student. An overly familiar relationship with any student (including any adult student) that you are responsible for teaching, tutoring, advising, assessing, or for whom you provide pastoral or welfare support raises serious questions of conflict of interest, trust, confidence, dependency, and of equality of treatment. Such relationships may also have a negative impact on the teaching and learning environment for other students and colleagues and may carry a serious reputational risk for the College.

6.13   If you consider that a student is being overly familiar, seeking to establish a personal relationship with you or has developed a 'crush' on you, you should report your concerns to your supervisor and/or the CEO as soon as possible so that a plan can be developed to manage the situation effectively and sensitively.

6.14   At all times when speaking with student’s care must be taken to use appropriate language. You must always treat students with respect and without favouritism. There is no place for sarcasm, derogatory remarks, inappropriate familiarity or offensive comments.

6.15   You may, as part of your pastoral care role, engage in discussion with students. This is entirely appropriate. However, you must be cautious about making personal comments about a student or asking questions that probe your own or a student's sexuality or relationships. You must not hold conversations with a student of an intimately personal nature where you disclose information about yourself.

6.16   You must not:

1. invite students to your home;
2. visit students at their home; or
3. attend parties or socialise with students, unless you have the express permission of the CEO and their parents or care giver.

6.17   You must not engage in tutoring or coaching students from the College without the express permission of the CEO.

6.18   You must not invite students to join your personal electronic social networking site or accept students’ invitations to join their social networking site (see Section 7 - Appropriate use of electronic communication and social networking sites).

6.19   You must not give gifts to individual students. You should also carefully consider your position before accepting any gift from a student (see Section 10 - Declaring gifts, benefits and bribes)

6.20   Wherever practical, you should avoid teaching or being involved in educational decisions involving family members or close friends. Where it is not practical to avoid such situations completely, another member of staff should make any significant decisions relating to the student’s assessments and have those endorsed by a supervisor.

6.21   You should be aware of, and sensitive to, children with culturally diverse or indigenous backgrounds and cultural practices that may influence the interpretation of your behaviour.

 

Child protection

6.22   You must be aware of and comply with the College's Child Protection Policy.

6.23   As set out in Section 3 you must report any concerns you may have about any other employee, contractor or volunteer engaging in 'reportable conduct' or any allegation of 'reportable conduct' that has been made to you to the CEO. This includes self-disclosure if the allegation involves you.

6.24   Broadly, 'reportable conduct' includes:

1. any sexual offence, or sexual misconduct, committed against, with, or in the presence of, a child (including a child pornography offence); or
2. any assault, ill-treatment or neglect of a child; or
3. any behaviour that causes psychological harm to a child, whether or not the child consents.

6.25   Reportable conduct does not extend to:

1. conduct that is reasonable for the purposes of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards, or
2. the use of physical force that, in all the circumstances, is trivial or negligible, but only if the matter is to be investigated and the result of the investigation recorded under workplace employment procedures.

6.26   For further information about ‘reportable conduct’ see the College's [Child Protection Policy].

6.27   The requirements outlined in Section 6 in relation Supervision, Physical Contact and Relationships with Students set professional boundaries in relation to your behaviour. They make clear what behaviour is unacceptable and could amount to reportable conduct.

 

7. Appropriate use of electronic communication and social networking sites

The College provides electronic communication facilities for its students and employees for educational or administrative purposes. It monitors and views data stored or transmitted using the College’s facilities. By its nature, electronic communication is a fast and informal way of communicating. However, once a document or image has been sent there is no way to recall it and it exists forever.

7.1     You must comply with the College’s [Information Technology, Computer, Telephone and Equipment Code of Use and Social Networking Policy]. This includes:

1. exercising good judgment when using electronic mail, following the principles of ethical behaviour;
2. using appropriate and professional language in electronic mail messages;
3. being aware that if an issue addressed in an email becomes the subject of a legal dispute, then those emails would be discoverable: that is, the court and all parties to the dispute would be entitled to see them;
4. not sending messages that are harassing, discriminatory, defamatory, threatening, abusive or obscene;
5. not inviting students into your personal social networking site or accept an invitation to theirs;
6. not using social networking sites to email or contact students;
7. remembering transmission, storage, promotion or display of offensive, defamatory, or harassing material is strictly forbidden; and
8. reporting any situations where you become aware of the inappropriate use of electronic communication and social networking sites.

7.2     You must never use the College’s networks to view, upload, download or circulate any of the following materials:

1. sexually related or pornographic messages or material;
2. violent or hate-related messages or material;
3. racist or other offensive messages aimed at a particular group or individual;
4. malicious, libellous or slanderous messages or material; or
5. subversive or other messages or material related to illegal activities.

 

• Mobile phones and other electronic devices should not be used for personal use unless it is an emergency during the following times:

• Class teaching time
• Training and Development sessions
• Staff Meetings
• Playground duty

 

 

8. Use of alcohol, drugs and tobacco

Work Health and Safety is of fundamental importance to the College. Maintaining a safe work environment requires everyone's continuous cooperation. 

8.1     You are responsible for ensuring your capacity to perform your duties is not impaired by the use of alcohol or drugs and that the use of such substances does not put at risk you or any other person’s health and safety.

8.2     As a College employee, you must:

1. not attend work under the influence of alcohol, illegal drugs or non-prescribed and/or restricted substances;
2. not consume alcohol, illegal drugs or non-prescribed and/or restricted substances while at work;
3. notify your supervisor if you are aware that your work performance or conduct could be adversely affected as a result of the effect of a prescribed drug;
4. take action to resolve any alcohol or other drug-related problems that you have; and
5. consult with your supervisor or CEO if you are concerned about working with other employees who may be affected by drugs or alcohol.

Drugs

8.3     As a College employee, you must not:

1. have illegal drugs in your possession while at work. Any illegal drugs found on College property or in the possession of any person on College property may result in disciplinary action including the termination of your employment and referral to the Police;
2. give students or other employees illegal drugs or restricted substances, or encourage or condone their use; and
3. supply or administer prescription or non-prescription drugs to students unless authorised to do so.

Alcohol

8.4     You must not take alcohol to College or consume it during College hours or at any College function at any time College students are present, including those events conducted outside College premises unless expressly permitted to do so by the CEO. A College function is any occasion organised by the College and/or in the College’s name, including dances, farewells, excursions, sporting fixtures and fund raising events.

8.5     You must not:

1. purchase alcohol for, or give alcohol to, any College student (or to any other person under the age of 18 years); and
2. encourage or condone the use of alcohol by students of any age during educational activities.

 

Tobacco

8.6     You must not smoke or permit smoking in any College buildings, enclosed area or on College grounds. This includes all buildings, gardens, sports fields, cars and car parks.

8.7     You must not purchase tobacco or tobacco products for any College student, or give them tobacco or tobacco products.

 

9. Identifying and managing conflicts of interest

Private interests can, or have the potential to, influence a person’s capacity to perform their duties and in turn compromise their integrity and that of the College.

9.1     As a College employee, you must not act in conflict with the College's best interests. A conflict of interests can involve:

1. pecuniary interests i.e. financial gain or loss or other material benefits;
2. non-pecuniary interests i.e. favours, personal relationships and associations.
3. It may not only be about your own interests. It may include:
4. the interests of members of your immediate family or relatives (where these interests are known);
5. the interests of your own business partners or associates, or those of your workplace; or
6. the interests of your friends.

9.2     When faced with a situation in which conflict of interests may be present, you should report any potential or real conflict to your supervisor or the CEO.

9.3     You should also report situations where a superior or colleague who has an identified conflict is, or may be perceived as, unduly influencing your decision.

 

10. Declaring gifts, benefits and bribes

As an employee, you may be offered a gift or benefit as an act of gratitude. There are some circumstances when to refuse a gift would be perceived as rude, insulting or hurtful.

You are expected to exercise sound judgment when deciding whether to accept a gift or benefit.

10.1   If you are offered a bribe (i.e. anything given in order to persuade you to act improperly), you must refuse it, explain why it is not appropriate, and immediately report the matter to the CEO.

10.2   Accepting gifts and other benefits has the potential to compromise your position by creating a sense of obligation and undermining your impartiality. It may also affect the reputation of the College and its staff. You must not create the impression that any person or organisation is influencing the College or the decisions or actions of any of its employees.

10.3   If you are offered a gift or benefit, you should always consider the value and purpose of a gift or benefit before making any decision about accepting it. A gift that is more than nominal value (e.g. $100 insert relevant amount) must not become personal property. You should either politely refuse it or advise the contributor that you will accept it on behalf of the College.

10.4   When such a gift is accepted, you must advise your CEO. They will determine how it should be treated and make a record of its receipt. Depending on the nature and value of the gift, it may be appropriate to record the gift in the asset register as a donation or other such record established for that purpose.

10.5   Sometimes employees might, in the course of their work, win a prize of significant monetary value e.g. a computer, from another organisation. Prizes are usually considered the property of the College. If you win a prize you must advise your supervisor or the CEO who will determine how the prize should be treated and recorded.

 

11. Communication and protecting confidential information

Communication

11.1   You are required to comply with [refer to specific policy relating to communication with parents OR the established line of communication with parents in the College].

11.2   You should be mindful of confidentiality when in discussions with parents. You cannot provide a guarantee of confidentiality if the matter under discussion requires mandatory reporting.

11.3   You should not disclose personal information about another staff member to students or parents or discuss their work performance, except if authorised by the CEO in the context of grievance resolution.

11.4   All matters discussed in staff meetings and staff memos are to be treated confidentially and not discussed with students, members of the College community, or the public.

11.5   The media should not be given access to students or allowed entry to the College without the express permission of the CEO. You should not make any comments to the media about the College, students or parents without the express permission of the CEO.

 

Confidential information

11.6   As a College employee, you must only use confidential information for the work-related purpose it was intended.

11.7   Unless authorised to do so by legislation, you must not disclose or use any confidential information without the express permission of the CEO.

11.8   You must make sure that confidential information, in any form, cannot be accessed by unauthorised people.

 

Privacy

11.9   Sensitive and personal information should only be provided to people, either within or outside the College, who are authorised to have access to it.

11.10 You should always exercise caution and sound judgment in discussing the personal information of students, parents, staff and other people with other College employees. Normally information should be limited to those who need to know in order to conduct their duties, or to those who can assist in carrying out the College's work because of their expertise.

 

 

 

12. Record keeping

• All staff must use the TASS roll marking system to mark the registers for each class.
• All employees have a responsibility:

1. to create and maintain full, accurate and honest records of their activities, decisions and other business transactions, and
2. to capture or store records in the College’s record systems.

 

12.3   You must not destroy or remove records without appropriate authority.

12.4   Supervisors have a responsibility to ensure that the employees reporting to them comply with their records management obligations.

12.5   Employees responsible for assessing and recording marks for students’ work must do so accurately, fairly and in a manner that is consistent with relevant policy and the requirements of the College.

12.6   Employees must maintain the confidentiality of all official information and documents which are not publicly available or which have not been published.

 

13. Copyright and intellectual property

13.1   When creating material, you need to ensure the intellectual property rights of others are not infringed and information is recorded about any third party copyright/other rights included in materials.

13.2   Advice relating to sharing or licensing the College’s intellectual property should be sought from the CEO.

13.3   The College cannot give away or assign its intellectual property without the approval of the CEO.

13.4   If you develop material that relates to your employment with the College, the copyright in that material will belong to the College. This may apply even if the material was developed in your own time or at home.

13.5   You should not use the College’s intellectual property (including copyright) for private purposes without obtaining written permission from the CEO.

 

 

 

14. Acknowledgement

 

I  _______________________________ have read, understood and agree to comply with the terms of this Code of Conduct.

 

_____________________________              _________________________

Signed                                                             Dated

 

 

 

Date of Authorisation	16.05.2023
Authorised by	Board Chair
Review Period	2 years
Next Review Date	16.50.2024
Policy Owner	School Governing Body

 

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Definitions/ legislation
5. Policy

 

Purpose

The purpose of this policy is for the Islamic College of Brisbane governance framework for achieving excellence in health and safety and the protection of the environment in which it operates.

 

Scope

Islamic College of Brisbane’s board, all officers, all workers and other persons at the college, including students and parents.

References

• Work Health and Safety Act 2011 (Qld)
• Work Health and Safety Regulations 2011 (Qld)
• Education (Accreditation of Non-State Schools) Act 2017 (Qld)
• Education (Accreditation of Non-State Schools) Regulation 2017 (Qld)
• Islamic College of Brisbane Risk Management Policy
• Islamic College of Brisbane Incident Reporting Form
• Islamic College of Brisbane Complaints Handling Policy

 

Policy Statement

 

The Islamic College of Brisbane is committed to providing and maintaining a safe and healthy workplace for all workers (including contractors and volunteers) as well as students, visitors and members of the public. Hazards and risks to health and safety will be eliminated or minimised, as far as is reasonably practicable.

 

In line with the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulations 2011 (Qld), this means that the Islamic College of Brisbane will ensure, so far as is reasonably practicable:

 

• that the school complies within all legislation relating to health and safety;
• to eliminate or minimise all workplace hazards and risks as far as is reasonably practicable;
• to provide information, instruction and training to enable all workers to work safely;
• to supervise workers to ensure work activities are performed safely;
• to consult with and involve workers on matters relating to health, safety and wellbeing;
• to provide appropriate safety equipment and personal protective equipment;
• to provide suitable injury management and return to work program.

 

This commitment is in line with Islamic College of Brisbane’s responsibility under the Education (Accreditation of Non-State Schools) Regulation 2017 to comply with the requirements of the Work Health and Safety Act 2011.

 

Definitions

 

Definitions relevant to this policy include:

 

• Person Conducting a Business or Undertaking
• Officer
• Dangerous incident
• Due diligence
• Health and safety representative
• Reasonably practicable
• Serious injury or illness

• Worker

 

 

Responsibilities

 

The Islamic College of Brisbane acknowledges that a duty under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 cannot be transferred or delegated to another person.

Islamic College of Brisbane also acknowledges that in accordance with the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011:

 

1. More than one person can concurrently have the same duty
2. Each duty holder must comply with that duty to the standard required by the legislation even if another duty holder has the same duty
3. If more than one person has a duty for the same matter, each person—

1. retains responsibility for their duty in relation to the matter; and
2. must discharge their duty to the extent to which they have the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity; and
3. must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a duty in relation to the same matter

 

The specific roles and responsibly of a Person Conducting a Business or Undertaking, Officers, Workers and Other Persons are outlined below.

 

Person Conducting a Business or Undertaking

 

In its legal role as a Person Conducting a Business or Undertaking, Islamic College of Brisbane must undertake its role and responsibilities under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 as follows:

 

1. The Islamic College of Brisbane will ensure, so far as is reasonably practicable, the health and safety of:

1. Workers engaged, or caused to be engaged by the school; and
2. Workers whose activities in carrying out work are influenced or directed by the school; while they are at work in the school.

 

1. The Islamic College of Brisbane will ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the school.

 

1. The Islamic College of Brisbane will also ensure, so far as is reasonably practicable—

1. the provision and maintenance of a work environment without risks to health and safety; and
2. the provision and maintenance of safe plant and structures; and
3. the provision and maintenance of safe systems of work; and
4. the safe use, handling and storage of plant, structures and substances; and
5. the provision of adequate facilities for the welfare at work of workers in carrying out work for the school, including ensuring access to those facilities; and
6. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the school; and
7. That the health of workers and the conditions at the school are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the school.

 

1. The Islamic College of Brisbane will ensure, so far as is reasonably practicable, that the school, the means of entering and exiting the school and anything arising from the school are without risks to the health and safety of any person.

 

1. The Islamic College of Brisbane will ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.

 

1. The Islamic College of Brisbane will ensure the provision of consultation, cooperation and issue resolution in relation to work health and safety as required under the relevant provisions of the legislation.

 

1. The Islamic College of Brisbane will ensure compliance when reporting notifiable incidents under the relevant provisions of the legislation.

 

1. Islamic College of Brisbane’s governing body must also undertake its role and responsibilities under the Education (Accreditation of Non-State Schools) Regulation 2017 by complying with the Work Health and Safety Act 2011.

 

Officers

 

In their legal role as Officers, Islamic College of Brisbane’s Board Members, CEO and Senior Leadership Team (SLT) must undertake their role and responsibilities under the legislation as follows:

 

1. If the Islamic College of Brisbane has a duty or obligation under the legislation, an Officer will exercise due diligence to ensure that the school complies with that duty or obligation.

 

2. Due diligence includes taking reasonable steps—

 

1. to acquire and keep up-to-date knowledge of work health and safety matters; and
2. to gain an understanding of the nature of the operations of the Islamic College of Brisbane and generally of the hazards and risks associated with those operations; and
3. to ensure that the Islamic College of Brisbane has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the school; and
4. to ensure that the Islamic College of Brisbane has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and
5. to ensure that the Islamic College of Brisbane has, and implements, processes for complying with any duty or obligation of the school under the legislation; and
6. To verify the provision and use of the resources and processes mentioned above.

 

Workers

 

In their legal role as Workers, employees of the Islamic College of Brisbane, contractors and subcontractors and their employees, employees of a labour hire company who has been assigned to work in the school, outworkers, apprentices, trainees, students gaining work experience and volunteers, must undertake their role and responsibilities under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 as follows:

 

1. take reasonable care for his or her own health and safety; and
2. take reasonable care that his or her acts or omissions do not adversely affect the health and safety of others; and
3. comply, so far as the Worker is reasonably able, with any reasonable instruction that is given by the Islamic College of Brisbane to allow compliance with the legislation; and
4. Co-operate with any reasonable policy or procedure of the Islamic College of Brisbane relating to health or safety at the school that has been notified to workers.

 

 

 

Responsibilities of Others at the School

 

In their legal role as Other Persons at the school, Board Members, students, parents and visitors, must undertake their role and responsibilities under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 as follows:

 

1. take reasonable care for his or her own health and safety; and
2. take reasonable care that his or her acts or omissions do not adversely affect the health and safety of others; and
3. comply, so far as the person is reasonably able, with any reasonable instruction that is given by the Islamic College of Brisbane.

 

Implementation

 

Implementation under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011

In practice, the Islamic College of Brisbane’s commitment to protecting Workers and other persons against harm to their health and safety means that it will implement the following measures in line with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011:

 

• A risk management process
• Provide information, training, instruction and supervision
• Provide a process for consultation, cooperation and issue resolution

 

Further details of these measures are provided below.

 

Risk management process

 

Islamic College of Brisbane’s Risk Management Policy provides further guidance on the process and approach to managing risks at the school.

 

Provide information, training, instruction and supervision

 

In accordance with the Work Health and Safety Act and the Work Health and Safety Regulation 2011, the Islamic College of Brisbane will ensure that appropriate information, training, instruction and supervision is provided to Workers to enable them to perform their work without risk to their health or safety, as far as is reasonably practicable. This information, training, instruction and supervision will be suitable and adequate, having regard to:

 

• The nature of the work carried out by the Worker; and
• The nature of the risks associated with the work at the time the information, training, instruction or supervision is provided; and
• The control measures implemented.

 

The Islamic College of Brisbane will ensure, so far as is reasonably practicable, that the information, training and instruction is provided in a way that is readily understandable by any person to whom it is provided.

 

The Islamic College of Brisbane’s Risk Management Policy provides further guidance on the information, training, instruction and supervision provided to Workers at the school.

 

Provide for consultation, cooperation and issue resolution

 

The Islamic College of Brisbane acknowledges its duty to consult , so far as is reasonably practicable, with workers who carry out work for the business or undertaking, who are or are likely to be, directly affected by a matter relating to work health or safety. Where more than one person has a duty for the same matter, each person, must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a duty in relation to the same matter

 

The Islamic College of Brisbane will consult with Workers in relation to the following health and safety matters in accordance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011:

 

1. when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the school;
2. when making decisions about ways to eliminate or minimise those risks;
3. when making decisions about the adequacy of facilities for the welfare of workers;
4. when proposing changes that may affect the health or safety of workers;
5. when making decisions about the procedures for—

• consulting with workers; or
• resolving work health or safety issues at the workplace; or
• monitoring the health of workers; or
• monitoring the conditions at any workplace under the management or control of the Islamic College of Brisbane; or
• providing information and training for workers; or
  1. When carrying out any other activity prescribed under the relevant legislation.

 

When consulting with Workers, the Islamic College of Brisbane will ensure that:

 

1. that relevant information about the matter is shared with workers; and
2. that Workers be given a reasonable opportunity—
   • to express their views and to raise work health or safety issues in relation to the matter; and
   • to contribute to the decision-making process relating to the matter; and
3. that the views of workers are taken into account by the Islamic College of Brisbane;
4. that the workers consulted are advised of the outcome of the consultation in a timely way; and
5. that records of the consultation process and outcome are retained.

 

The Islamic College of Brisbane’s Complaints Handling Policy provides further guidance on resolving work health and safety issues.

 

Training

Islamic College of Brisbane will train its staff on this policy and any related processes relating to the health, safety and conduct of staff and students on their induction and will refresh training annually.

 

Implementing the Processes

Islamic College of Brisbane will ensure it is implementing this policy and any related processes relating to the health, safety and conducts of staff and students by auditing compliance with this policy and related processes annually.

 

Accessibility of Processes

This policy and any related processes relating to the health, safety and conduct of staff and students are accessible on the school website.

 

Complaints Procedure

Suggestions of non-compliance with this policy and any related processes may be submitted as complaints under Islamic College of Brisbane’s Complaints Handling Policy.

 

Compliance and Monitoring

 

In line with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 and its duties the Islamic College of Brisbane is committed to monitoring the health of workers and the conditions at the school.

 

The Islamic College of Brisbane has implemented an Incident Reporting Form which requires workers and other persons to report any hazards or incidents resulting in potential or actual harm to health and safety. The Islamic College of Brisbane will regularly monitor, collate and report on hazards and incidents in accordance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

 

The Islamic College of Brisbane is also committed to reporting notifiable incidents to Workplace Health and Safety Queensland in accordance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011. Notifiable incidents include the death, serious injury or illness of a person or a dangerous incident, arising out of the conduct of the school.

Date of Authorisation	16.05.2024
Authorised by	Chief Executive Officer (CEO)
Review Period	2 years
Next Review Date	16.05.2024
Policy Owner	Islamic College of Brisbane Board

 

TABLE OF CONTENTS

1. Purpose
2. Scope
3. References
4. Definitions/ legislation
5. Policy

 

Purpose

The Islamic College of Brisbane is bound by the Australian Privacy Principles contained in the Commonwealth Privacy Act. This statement outlines the privacy policy of the school and describes how the school uses and manages personal information provided to or collected by it.

 

Scope

The policy applies to board members, employers, employees, volunteers, parents/guardians and students, contractors, and people visiting the school site; and describes the type of information the school collects, how the information is handled, how and to whom the information is disclosed, and how the information may be accessed.

References

• Australian Privacy Principles
• Privacy Act 1988 (Cth)
• Child Protection Policy
• Disabilities Policy

 

Exception in relation to employee records:

Under the Privacy Act 1988 (Cth), the Australian Privacy Principles do not apply to an employee record held by the employing entity. As a result, this Privacy Policy does not apply to the Islamic College of Brisbane's treatment of an employee record, where the treatment is directly related to a current or former employment relationship between the Islamic College of Brisbane and employee.

Policy

This Privacy Policy sets out how the Islamic College of Brisbane manages personal information provided to or collected by it. The Islamic College of Brisbane is bound by the Australian Privacy Principles contained in the Privacy Act Islamic College of Brisbane may, from time to time, review and update this Privacy Policy to take account of new laws and technology, changes to the Islamic College of Brisbane’s operations and practices and to make sure it remains appropriate to the changing school environment.

What kinds of personal information does the school collect and how does the school collect it?

 

The type of information the Islamic College of Brisbane collects and holds includes (but is not limited to) personal information, including health and other sensitive information, about:

 

• Students and parents and/or guardians ('Parents') before, during and after the course of a student's enrolment at the school;
• name, contact details (including next of kin), date of birth, gender, language background, previous school and religion;
• parents' education, occupation and language background;
• medical information (e.g. details of disability and/or allergies, absence notes, medical reports and names of doctors);
• conduct and complaint records, or other behaviour notes, and school reports; information about referrals to government welfare agencies;
• counselling reports;
• health fund details and Medicare number;
• any court orders;
• volunteering information; and
• photos and videos at school events.

 

• job applicants, staff members, volunteers and contractors; 
• name, contact details (including next of kin), date of birth, and religion;
• information on job application;
• professional development history;
• salary and payment information, including superannuation details;
• medical information (e.g. details of disability and/or allergies, and medical certificates);
• complaint records and investigation reports;
• leave details;
• photos and videos at school events;
• workplace surveillance information;
• work emails and private emails (when using work email address) and Internet browsing history

 

• Other people who come into contact with the school including name and contact details and any other information necessary for the particular contact with the school.

 

Personal Information you provide:

The Islamic College of Brisbane will generally collect personal information held about an individual by way of forms filled out by Parents or students, face-to-face meetings and interviews, emails and telephone calls. On occasions people other than parents and students provide personal information.

 

Personal Information provided by other people:

In some circumstances the Islamic College of Brisbane may be provided with personal information about an individual from a third party, for example a report provided by a medical professional or a reference from another school.

 

How will the school use the personal information you provide?

Islamic College of Brisbane will use personal information it collects from you for the primary purpose of collection, and for such other secondary purposes that are related to the primary purpose of collection and reasonably expected by you, or to which you have consented.

 

 

Students and Parents

 

In relation to personal information of Students and Parents, Islamic College of Brisbane's primary purpose of collection is to enable Islamic College of Brisbane to provide schooling for the students enrolled at the school, exercise its duty of care, and perform necessary associated administrative activities, which will enable students to take part in all the activities of the school. This includes satisfying the needs of parents, the needs of the students and the needs of the Islamic College of Brisbane throughout the whole period the students is enrolled at the School.

 

The purposes for which Islamic College of Brisbane uses personal information of students and parents include:

• to keep parents informed about matters related to their child's schooling, through correspondence, newsletters and magazines;
• day-to-day administration of Islamic College of Brisbane;
• looking after students' educational, social and medical wellbeing;
• seeking donations and marketing for Islamic College of Brisbane;  
• to satisfy the Islamic College of Brisbane's legal obligations and allow the school to discharge its duty of care.

 

In some cases where Islamic College of Brisbane requests personal information about a student or parent, if the information requested is not provided, Islamic College of Brisbane may not be able to enrol or continue the enrolment of the student or permit the student to take part in a particular activity.

 

On occasions information such as academic and sporting achievements, student activities and similar news is published in school newsletters and magazines, on our intranet and on our website this may include photographs and videos of student activities such as sporting events, school camps and school excursions. The school will obtain permissions annually from the student’s parent or guardian if we would like to include such photographs or videos in our promotional material or otherwise make this material available to the public such as on the internet.

 

Job applicants, Staff Members and Contractors

 

In relation to personal information of job applicants, staff members and contractors, Islamic College of Brisbane's primary purpose of collection is to assess and (if successful) to engage the applicant, staff member or contractor, as the case may be.

 

The purposes for which Islamic College of Brisbane uses personal information of job applicants, staff members and contractors include:

• in administering the individual's employment or contract, as the case may be;
• for insurance purposes;
• seeking donations and marketing for the school
• To satisfy the School's legal obligations, for example, in relation to child protection legislation.

 

Volunteers

 

The school also obtains personal information about volunteers who assist Islamic College of Brisbane in its functions or conduct associated activities, such as alumni associations, to enable Islamic College of Brisbane and the volunteers to work together.

 

Marketing and fundraising

 

Islamic College of Brisbane treats marketing and seeking donations for the future growth and development of the school as an important part of ensuring that Islamic College of Brisbane continues to provide a quality learning environment in which both students and staff thrive. Personal information held by Islamic College of Brisbane may be disclosed to organisations that assist in the school's fundraising, for example, Islamic College of Brisbane's Foundation or alumni organisation [or, on occasions, external fundraising organisations].

 

Parents, staff, contractors and other members of the wider school community may from time to time receive fundraising information. school publications, like newsletters and magazines, which include personal information, may be used for marketing purposes.

 

If you would like to opt-out of direct marketing please contact school’s CEO.

 

Who might the school disclose Personal Information to and store your information with?

 

Islamic College of Brisbane may disclose personal information, including sensitive information, held about an individual for educational, legal, administrative, marketing and support purposes. This may include to:

 

• another school or staff at another school;
• government departments (including for policy and funding purposes);
• medical practitioners;
• people providing educational, support and health services to the school, including specialist visiting teachers, counsellors, ports coaches, volunteers and providers of learning and assessment tools;
• assessment and educational authorities, including the Australian Curriculum, Assessment and Reporting Authority (ACARA) and NAPLAN Test Administration Authorities (who will disclose it to the entity that manages the online platform for NAPLAN);
• People providing administrative and financial services to Islamic College of Brisbane;
• recipients of school publications, such as newsletters and magazines;
• students’ parents or guardians;
• anyone you authorise the Islamic College of Brisbane to disclose information to;
• Anyone to whom we are required or authorised to disclose the information to by law, including child protection laws.

Sending and Storing Information Overseas

 

Islamic College of Brisbane may disclose personal information about an individual to overseas recipients, for instance, to facilitate a school exchange. However, Islamic College of Brisbane will not send personal information about an individual outside Australia without:

 

• obtaining the consent of the individual (in some cases this consent will be implied)
• Otherwise complying with the Australian Privacy Principles or other applicable privacy legislation.

 

Islamic College of Brisbane may use online or ‘cloud’ service providers to store personal information and to provide services to Islamic College of Brisbane that involve the use of personal information, such as services relating to email, instant messaging and education and assessment applications. Some limited personal information may also be provided to these service providers to enable them to authenticate users that access their services. This personal information may be stored in the ‘cloud’ which means that is may reside on a cloud service provider’s server which may be situated outside Australia.

 

An example of such cloud is Microsoft 365. Microsoft 365 provides service to stores and processes limited personal information for this purpose.

 

 

Sensitive Information

 

In referring to 'sensitive information', Islamic College of Brisbane means: information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, philosophical beliefs, sexual orientation or practices or criminal record, that is also personal information; health information and biometric information about an individual.

Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless you agree otherwise, or the use or disclosure of the sensitive information is allowed by law.

 

Management and security of personal information

 

Islamic College of Brisbane's staff are required to respect the confidentiality of students' and parents' personal information and the privacy of individuals. Islamic College of Brisbane has in place steps to protect the personal information Islamic College of Brisbane holds from misuse, interference and loss, unauthorised access, modification or disclosure by use of various methods including locked storage of paper records and password access rights to computerised records.

 

Data Breaches

 

It will be deemed that an ‘eligible data breach’ has occurred if:

• there has been unauthorised access to, or unauthorised disclosure of, personal information about one or more individuals (the affected individuals)
• a reasonable person would conclude there is a likelihood of serious harm to any affected individuals as a result
• the information is lost in circumstances where:
  • unauthorised access to, or unauthorised disclosure of, the information is likely to occur
  • assuming unauthorised access to, or unauthorised disclosure of, the information was to occur, a reasonable person would conclude that it would be likely to result in serious harm to the affected individuals.

Serious harm may include serious physical, psychological, emotional, economic and financial harm, as well as serious harm to reputation.

 

What must the school do in the event of an ‘eligible data breach’?

If Islamic College of Brisbane suspects that an eligible data breach has occurred, it will carry out a reasonable and expedient assessment/investigation within 30 days.

If such an assessment/investigation indicates there are reasonable grounds to believe an eligible data breach has occurred, then Islamic College of Brisbane will be required to lodge a statement to the Privacy Commissioner (Commissioner). Where practical to do so, the school entity will also notify the affected individuals.  If it is not practicable to notify the affected individuals, Islamic College of Brisbane will publish a copy of the statement on its website, or publicise it in another manner.

 

Exception to notification obligation

An exception to the requirement to notify will exist if there is a data breach and immediate remedial action is taken, and as a result of that action:

• there is no unauthorised access to, or unauthorised disclosure of, the information
• there is no serious harm to affected individuals, and as a result of the remedial action, a reasonable person would conclude the breach is not likely to result in serious harm.

 

 

Access and Correction of Personal Information

 

Under the Privacy Act, an individual has the right to obtain access to any personal information which Islamic College of Brisbane holds about them and to advise Islamic College of Brisbane of any perceived inaccuracy. There are some exceptions to this right set out in the Act. Students will generally be able to access and update their personal information through their parents, but older students may seek access and correction themselves.

 

To make a request to access or update any personal information Islamic College of Brisbane holds about you or your child; please contact the school CEO in writing. Islamic College of Brisbane may require you to verify your identity and specify what information you require. Islamic College of Brisbane may charge a fee to cover the cost of verifying your application and locating, retrieving, reviewing and copying any material requested. If the information sought is extensive, Islamic College of Brisbane will advise the likely cost in advance. If we cannot provide you with access to that information, we will provide you with written notice explaining the reasons for refusal.

 

The school will take reasonable steps to ensure that any personal information is accurate, up to date, complete, relevant and not misleading.

 

Consent and Rights of Access to the Personal Information of Students

 

Islamic College of Brisbane respects every parent's right to make decisions concerning their child's education. Generally, Islamic College of Brisbane will refer any requests for consent and notices in relation to the personal information of a student to the student's parents. Islamic College of Brisbane will treat consent given by parents as consent given on behalf of the students, and notice to parents will act as notice given to the student.

 

As mentioned above, parents may seek access to personal information held by Islamic College of Brisbane about them or their child by contacting the school CEO. However, there will be occasions when access is denied. Such occasions would include where release of the information would have an unreasonable impact on the privacy of others, or where the release may result in a breach of the Islamic College of Brisbane's duty of care to the student.

 

The school may, at its discretion, on the request of a student grant that student access to information held by Islamic College of Brisbane about them, or allow a student to give or withhold consent to the use of their personal information, independently of their parents. This would normally be done only when the maturity of the student and/or the student's personal circumstances warrant it.

Enquiries and Complaints

 

If you would like further information about the way Islamic College of Brisbane manages the personal information it holds, or wish to complain about Islamic College of Brisbane’s breach of the Australian Privacy Principles please contact the school CEO. Islamic College of Brisbane will investigate any complaint and will notify you of the making of a decision in relation to your complaint as soon as is practicable after it has been made.

 

APPENDIX 1

 

Standard Collection Notice

 

1. The school collects personal information, including sensitive information about students and parents or guardians before and during the course of a student's enrolment at the school. This may be in writing or in the course of conversations. The primary purpose of collecting this information is to enable the school to provide schooling to the student enrolled at the school, exercise its duty of care, engage in marketing/ fundraising and perform necessary associated administrative activities, which will enable students to take part in all the activities of the school.
2. Some of the information we collect is to satisfy the school's legal obligations, particularly to enable the school to discharge its duty of care.
3. Laws governing or relating to the operation of a school require certain information to be collected and disclosed. These include relevant Education Acts, and Public Health [and Child Protection]* laws.
4. Health information about students is sensitive information within the terms of the Australian Privacy Principles under the Privacy Act 1988. We may ask you to provide medical reports about students from time to time.
5. The school may disclose personal and sensitive information to others for educational, legal, administrative, marketing and support purposes. This may include to:

• Other schools and teachers at those schools;
• Government departments (including for policy and funding purposes);
• Medical practitioners;
• People providing educational, support and health services to the school, including specialist visiting teachers, sports coaches, volunteers, and counsellors;
• Providers of learning and assessment tools;
• Assessment and educational authorities including the Australian Curriculum, Assessment and Reporting Authority (ACARA) and NAPLAN Test Administration Authorities (who will disclose it to the entity that manages the online platform for NAPLAN);
• People providing administrative and financial services to the school;
• Anyone to whom the school is required or authorised by law, including child protection laws, to disclose the information.

 

1. Personal information collected from students is regularly disclosed to their parents or guardians.
2. The school may use online or ‘cloud’ service providers to store personal information and to provide services to the school that involve the use of personal information, such as services relating to email, instant messaging and education and assessment applications. Some limited personal information may also be provided to these service providers to enable them to authenticate users that access their services. This personal information may reside on a cloud service provider’s servers which may be situated outside Australia. Further information about the school’s use of on online or ‘cloud’ service providers is contained in the school’s Privacy Policy.
3. The Schools Privacy Policy, accessible on the school’s website out how parents or students may seek access to and correction of their personal information which the school has collected and holds. However, access may be refused in certain circumstances such as where access would have an unreasonable impact on the privacy of others, where access may result in a breach of the school's duty of care to the student, or where students have provided information in confidence. Any refusal will be notified in writing with reasons if appropriate.
4. The School Privacy Policy also sets out how parents and students can make a complain about a breach of the APPs and how the complaint will be handled.
5. The school may engages in fundraising activities. Information received from you may be used to make an appeal to you. [It may also be disclosed to organisations that assist in the school's fundraising activities solely for that purpose.] We will not disclose your personal information to third parties for their own marketing purposes without your consent.
6. On occasions information such as academic and sporting achievements, student activities and similar news is published in school newsletters and magazines, on our website This may include photographs and videos of student activities such as sporting events, school camps and school excursions. The school will obtain  permissions from the students' parent or guardian if we would like to include such photographs or videos in our promotional material or otherwise make this material available to the public such as on the internet.
7. We may include pupils' and pupils' parents' contact details in a class list and school directory.†
8. If you provide the school with the personal information of others, such as doctors or emergency contacts, we encourage you to inform them that you are disclosing that information to the school and why.

 

* As appropriate

** If applicable

† Schools may wish to seek specific consent to publish contact details in class lists and

School directories

 

APPENDIX 2

 

Alumni Association Collection Notice

 

1. [The Alumni Association/We] may collect personal information about you from time to time. The primary purpose of collecting this information is to enable us to inform you about our activities and the activities of Islamic College of Brisbane and to keep alumni members informed about other members.
2. We must have the information referred to above to enable us to continue your membership of [the Alumni Association].
3. As you know, from time to time we engage in fundraising activities. The information received from you may be used to make an appeal to you. [It may also be used by Islamic College of Brisbane to assist in its fundraising activities.] [If you do not agree to this, please advise us now.]
4. [The Alumni Association/We] may publish details about you in our [name of publication] [and our/the School's website]. If you do not agree to this you must advise us now.
5. The School's Privacy Policy, accessible on the School’s website, contains details of how you may seek access to and correction of your personal information which the School has collected and holds, and how you may complain about a breach of the Australian Privacy Principles.
6. The School may use online or ‘cloud’ service providers to store personal information and to provide services to the School that involve the use of personal information, such as email services. Some limited personal information may also be provided to these service providers to enable them to authenticate users that access their services. This personal information may reside on a cloud service provider’s servers which may be situated outside Australia. Further information about the School’s use of on online or ‘cloud’ service providers is contained in the School’s Privacy Policy.*
7. If you provide personal information to us about other people, we encourage you to inform them that you are disclosing that information to the School and why.

 

* If applicable

APPENDIX 3

 

Employment Collection Notice

 

1. In applying for this position, you will be providing Islamic College of Brisbane with personal information. We can be contacted [insert address, email address, telephone number].
2. If you provide us with personal information, for example, your name and address or information contained on your resume, we will collect the information in order to assess your application for employment. We may keep this information on file if your application is unsuccessful in case another position becomes available.
3. The School's Privacy Policy, accessible on the School’s website, contains details of how you may complain about a breach of the Australian Privacy Principles  and how you may seek access to and correction of your personal information which School has collected and hold. However, access may be refused in certain circumstances such as where access would have an unreasonable impact on the privacy of others. Any refusal will be notified in writing with reasons if appropriate.
4. We will not disclose this information to a third party without your consent unless otherwise permitted. / We usually disclose this kind of information to the following types of organisations [insert list e.g. support vendors that provide services around staff administration systems].
5. [We are required to [conduct a criminal record check] collect information [regarding whether you are or have been the subject of an Apprehended Violence Order and certain criminal offences] under Child Protection laws. *] We may also collect personal information about you in accordance with these laws.*
6. The School may use online or ‘cloud’ service providers to store personal information and to provide services to the School that involve the use of personal information, such as email services. Some limited may also be provided to these service providers to enable them to authenticate users that access their services. This personal information may reside on a cloud service provider’s servers which may be situated outside Australia. Further information about the School’s use of on online or ‘cloud’ service providers is contained in the School’s Privacy Policy. *
7. If you provide us with the personal information of others, we encourage you to inform them that you are disclosing that information to the School and why.

* If applicable

 

 

APPENDIX 4

 

Contractor/Volunteer Collection Notice

 

1. In offering, applying or agreeing to provide services to the School, you will be providing Islamic College of Brisbane with personal information. We can be contacted [insert address, email address, telephone number].
2. If you provide us with personal information, for example your name and address or information contained on your resume, we will collect the information in order to assess your application. We may also make notes and prepare a confidential report in respect of your application.
3. You agree that we may store this information for [insert amount of time].
4. The School's Privacy Policy, accessible on the School’s website, contains details of how you may complain about a breach of the Australian Privacy Principles and how you may seek access to and correction of your personal information which the School has collected and holds. However, access may be refused in certain circumstances such as where access would have an unreasonable impact on the privacy of others. Any refusal will be notified in writing with reasons if appropriate.
5. We will not disclose this information to a third party without your consent unless otherwise permitted to. / We usually disclose this kind of information to the following types of organisations [insert list e.g. support vendors that provide services around administration systems].
6. [We are required to [conduct a criminal record check] collect information [regarding whether you are or have been the subject of an Apprehended Violence Order and certain criminal offences] under Child Protection law.*] [We may also collect personal information about you in accordance with these laws.*]
7. The School may use online or ‘cloud’ service providers to store personal information and to provide services to the School that involve the use of personal information, such as services relating to email, instant messaging and education and assessment applications. Some limited personal information may also be provided to these service providers to enable them to authenticate users that access their services. This personal information may reside on a cloud service provider’s servers which may be situated outside Australia. Further information about the School’s use of on online or ‘cloud’ service providers is contained in the School’s Privacy Policy.*
8. If you provide us with the personal information of others, we encourage you to inform them that you are disclosing that information to the School and why.

* If applicable

 

Purpose:	Islamic College of Brisbane is committed to conducting its business in accordance with the school’s Code of Conduct, Conflicts of Interest Policy and the principles of good governance to ensure that it complies with the government funding eligibility criteria in the Education (Accreditation of Non-State Schools) Act 2017.
Scope:	School Board members and staff
Status:	Approved	Supersedes: 21.12.2020
Authorised by:	Board Chair	Date of Authorisation:  14.02.2022
References:	Education (Accreditation of Non-State Schools) Act 2017 Education (Accreditation of Non-State Schools) Regulations 2017 Islamic College of Brisbane Code of Conduct Islamic College of Brisbane Whistleblower Policy Corporations Act 2001
Review Date:	Annually	Next Review Date: 13.02.2023
Policy Owner:	School Governing Body

Statement of Purpose

Pursuant to the Education (Accreditation of Non-State Schools) Act 2017 s10(c), to continue to be eligible for government funding, Islamic College of Brisbane cannot enter into a “prohibited arrangement” in relation to the operation of the school.  Islamic College of Brisbane must ensure that it must have appropriate protocols in place for managing relationships with related parties.

 

Definitions

For the purposes of this policy:

Prohibited Arrangement – A prohibited arrangement is a contract or arrangement in relation to a school:

1. entered into by a school’s governing body or proposed governing body and another entity not dealing with each other at arm’s length; and
2. that is not, or will not be, for the benefit of the school.

A contract or arrangement is not, or will not be, for the benefit of the school if the contract or arrangement is for property, goods or services –

1. at more than reasonable market value; or
2. that is not required to advance the school’s philosophy and aims, as stated in the school’s statement of philosophy and aims.

Education (Accreditation of Non-State Schools) Act 2017 s8

Related Party – An entity with which there is a direct or indirect connection between the school governing body and that entity, that could reasonably be expected to compromise the independence of the governing body when making financial decisions.

Education (Accreditation of Non-State Schools) Act 2017 s10(d)

Reasonable Market Value

Reasonable market value can be broadly defined as the amount that a knowledgeable and willing third party would pay for a specific good or service in an arm’s length transaction from the seller.

It is generally expected that a reasonable business person would seek to:

1. maximise the price received for supplying property or services, taking into account their business strategy, economic and market circumstances and minimise the costs associated with acquiring property or services; and
2. be adequately rewarded for any activities carried out.

Policy Statement

In order to ensure that the Islamic College of Brisbane conducts its business in accordance with the Education (Accreditation of Non-State Schools) Act 2017, its Code of Conduct, the Conflicts of Interest Policy and the principles of good governance, Islamic College of Brisbane's policy is that:

1. All contracts and arrangements with another entity in relation to the school should be conducted on an arm's length basis;
2. The process surrounding contracts, arrangements and transactions must be transparent and fully documented; and
3. Board approval must be obtained for all Related Party Transactions and payments recognising that the board can delegate this approval in respect of a class of transactions and on such terms and conditions as the board sees fit.
4. Islamic College of Brisbane may reimburse Islamic College of Brisbane governing body members for reasonable expenses incurred as a necessary part of conducting school business, however reimbursed expenses should be supported by appropriate documentation. Members of Islamic College of Brisbane governing body who also hold a paid role within the school, such as the CEO or a teacher, are to be remunerated exclusively in relation to their employment within the school and not their position on the Islamic College of Brisbane governing body.

 

A Related Party Transaction is any transaction (other than a Prohibited Arrangement) between the Islamic College of Brisbane and a related party.  The term Related Party Transaction, as used in this policy, is very broad and encompasses virtually all transactions or arrangements under which the Islamic College of Brisbane provides a financial benefit to a Related Party.  In determining whether a transaction is a Related Party Transaction, a broad interpretation should be given to who is a Related Party and to the types of transactions which may be caught.

 

The following should be considered in assessing whether a transaction is a Related Party Transaction:

1. Is the transaction or arrangement with a Related Party?
2. Is there a financial benefit being received by the Related Party?

 

What is a Financial Benefit?

The concept of 'financial benefit' is very wide and extends to advantages and benefits given indirectly through other entities, informal and non-binding arrangements and benefits other than for cash.

Transactions between Islamic College of Brisbane and a Related Party for which reasonable remuneration has been approved in accordance with this policy is excluded from the definition of 'financial benefit'.

A financial benefit includes (but is not limited to) the following:

1. a party providing finance or property to a Related Party;
2. buying or leasing an asset from or selling an asset to a Related Party;
3. supplying or receiving services from the Related Party;
4. taking up or releasing an obligation of the Related Party; and
5. provision of a direct or indirect benefit to the Related Party.

Procedures

1. Where Islamic College of Brisbane proposes to enter into a transaction which may be considered to confer a financial benefit on a related party, the following procedure applies:

1. The relevant responsible officer must inform the Islamic College of Brisbane's Company Secretary about the proposed transaction, including:
   1. the proposed parties;
   2. how they are related;

• details of the proposed transaction;

1. evidence that conflicts of interest with a related party are being appropriately managed in relation to Islamic College of Brisbane operations; and
2. evidence of compliance of dealing with each other at arm’s length;

1. The Islamic College of Brisbane's Company Secretary will review the transaction, and may take external legal advice where appropriate in considering the transaction;
2. The Islamic College of Brisbane's Company Secretary will inform and advise the board of the proposed transaction and obtain the relevant approval.

 

1. Approval for the Islamic College of Brisbane to undertake the transaction

1. Where the transaction is considered not to be at arm's length, the relevant Approver will determine whether an exemption applies so as to permit the Related Party Transaction to proceed, and together with the Islamic College of Brisbane's Company Secretary, ensure that if the transaction is proceeded with, it is carried out in a manner that is compliant with the Islamic College of Brisbane's Code of Conduct and all relevant policies;
2. The Islamic College of Brisbane's Company Secretary will maintain a Register of Related Party Transactions: and
3. Where Approval is obtained, the transaction must proceed in accordance with any procedures and conditions outlined by the Board.

 

1. Approval exemption for a proposed Related Party Transaction

All proposed Related Party Transactions will require approval unless an exemption applies to that transaction.  The relevant Approvers must determine whether the proposed Related Party Transaction meets the conditions for Approval and, where those conditions are not met, whether an Exemption applies to that transaction.

For the purpose of this policy, the relevant Approvers are:

1. the CEO (Chief Executive Officer) for transactions with a value of up to (but not including) $50,000;
2. the board for transactions with a value that is equal to or greater than $50,000.

 

1. Does the proposed Related Party Transaction meet the conditions for approval?

The relevant Approver (as specified above) may approve a proposed transaction where they determine that the transaction meets are of the following criteria:

1. the transaction is at arm's length;
2. the transaction is in the best interests of the Islamic College of Brisbane;
3. the transaction is assessed by the Chief Financial Officer (Business Manager) not to carry any significant risk issues (commercial or reputational) for the Company;
4. the transaction is in the ordinary course of the Islamic College of Brisbane's business; and
5. if publicly disclosed, there is not anticipated to be any material criticism or adverse comment in respect of that transaction.

 

1. Does an exemption apply to a proposed Related Party Transaction?

The relevant Approver (as specified above) may approve a proposed transaction where they determine that an Exemption applies to the proposed Related Party Transaction.

For the purpose of this policy, an Exemption applies where one or more of the following conditions apply to the proposed Related Party Transaction, as determined by the relevant Approver:

1. The transaction involves conferring a Financial Benefit that constitutes reasonable remuneration for expenses;
2. The transaction is comprised of conferring benefits that are provided to all members of the same category of Key Personnel (by reference to level of seniority or nature of appointment, as appropriate); and
3. The transaction is comprised of providing Financial Benefit to a Related Party under a Court order.

 

Related Documents

Code of Conduct

Conflicts of Interest Policy

Related Party and Conflicts of Interest Register