PROTECTION OF VULNERABLE PERSONS

POLICY

1.     Our Commitment

Tom Aynsley Foundation Limited (Tom’s Foundation) is committed to protecting children, youth and other vulnerable persons (VP) in all of its operations. 

We assert that:

• the welfare of VP is paramount;

• all VP without exception have the right to protection from abuse regardless of gender, ethnicity, disability, sexuality or beliefs;

• this policy is approved and endorsed by the Board of Tom’s Foundation;

• the policy applies to all board members, staff, contractors, volunteers and any other persons engaged by Tom’s Foundation in its operations;

• all concerns, and allegations of abuse will be taken seriously by trustees, staff and volunteers and responded to appropriately;

2.     Persons covered by this policy

This policy covers children (being a person under the age of 18 years) as well as other vulnerable persons (being persons of any age, with a physical or intellectual disability, who suffer mental health issues or illness, are experiencing financial difficulty, who have needs for care and support, who suffer social or financial hardship, have difficulty communicating in English or the local language and are otherwise unable to care for protect themselves) with which Tom’s Foundation is involved. 

3.     Policy Objective

The overarching objective of this policy is to ensure the protection and safety and prevent exploitation of VP, enabling VP to live a life free from abuse or neglect. 

This policy also aims to:

·      protect VP from exploitation and abuse regardless of their nationality, culture, ethnicity, gender, religious or political beliefs, socio-economic status, family or criminal background, or physical or mental health or disability status;

·      ensure that any person or organisation engaged by Tom’s Foundation to provide services or conduct projects is aware of their responsibility to ensure the safety and wellbeing of VP is protected at all times;

·      establish, maintain and uphold required standards of conduct and behaviour in any contact with VP;

·      ensure that, if there are reasonable grounds to suspect VP are at risk of exploitation or abuse or have been abused, or abuse is disclosed, the correct reporting procedure is followed and, where practicable and available, follow up support is provided or arranged by Tom’s Foundation; and

·      ensure that Tom’s Foundation, and anyone in contact or working with VP in connection with the activities and programs of Tom’s Foundation, are obliged to abide by laws relevant to VP protection to ensure that all cases of disclosed or suspected VP exploitation and abuse are handled in a consistent and thorough manner and in accordance with the requirements of the relevant legislation and the relevant local procedures, in Australia or in any country in which Tom’s Foundation is operating.

Safeguarding VP is an important shared priority of all people engaged by or providing services for Tom’s Foundation. It is vital we work together to identify people at risk and put steps in place to help prevent abuse or neglect.

Abuse is a violation of an individual’s human or civil rights by any other person or persons. Abuse and neglect can take many forms. Whilst there are distinct definitions of abuse, the Board and staff of Tom’s Foundation will not be constrained in their view of what constitutes abuse or neglect and will always consider the circumstances of the individual case.  

4.     Policy Application

This policy applies to the Directors of the Tom’s Foundation, all permanent and temporary staff members, all volunteers, Tom’s Foundation members who have ore are likely to have contact with VP, work with VP or have access to any record relating to a VP and each consultant, contractor and others engaged by Tom’s Foundation to provide services to or work in connection with any activity of Tom’s Foundation which involves working with VP or may involve contact with VP. 

This policy will also apply to any organisation involved with work for or on behalf of Tom’s Foundation and/or providing services on behalf of or in connection with any activity of Tom’s Foundation which involves working with VP or may involve contact with VP in any setting including agency workers and partners.

The above persons, are referred to within this policy as ‘Representatives’ or ‘TFRs’.

Tom’s Foundation will take every reasonable precaution to ensure that where VPs are involved in its projects, that they have a safe and happy environment to grow.  Tom’s Foundation is committed to safe recruitment, selection and vetting of TFRs where relevant; regardless of age, disability, gender, racial heritage, religious or other belief and sexual orientation or identity, to ensure VPs are kept from harm, abuse and neglect while they are involved with Tom’s Foundation. 

Tom’s Foundation through the Board has a zero-tolerance approach to VP exploitation or abuse. All actual and alleged abuse must be reported. All allegations of abuse will be taken seriously and acted upon by being designated as formal concerns that are escalated to the Board.

5.    The Risks

For children, abuse includes:

·      Physical abuse

·      Emotional

·      Sexual abuse and exploitation

·      Neglect

For adults, abuse includes:

·      Physical abuse

·      Domestic abuse

·      Sexual abuse and exploitation

·      Psychological abuse

·      Financial or material abuse

·      Modern slavery

·      Discriminatory abuse

·      Organisational abuse

·      Neglect and acts of omission

·     Self-neglect

6.     Responsibilities

We will be accountable and transparent in performing our obligations under this policy. 

We will undertake a risk assessment on all programs and activities in which TFRs may have contact with VPs or work with VPs.

Recruitment and screening checks will be followed for employees, volunteers and sole traders/consultants. Our recruitment and screening procedures will aim to minimise the risk of appointing anyone who may be unsuitable to work with children and adults at risk.

The due diligence process associated with the vetting and approval of grants and projects undertaken by Tom’s Foundation will require examination of the ability of the applicant to comply with this policy’s intent and will require a commitment from recipients to comply with this policy.

Before becoming involved in any projects where VPs are involved, the Board, through direct and/or partnership/associate networks, will carry out a risk assessment to ensure the health and safety of VPs in connection to any projects in which Tom’s Foundation is involved.  Assessment may also include but will not be limited to background checks in line with local legislation. 

Tom’s Foundation will also provide assistance for TFRs who may be in contact with VPs during their duties including:

·      ensuring all TFRs are familiar with and have access to this policy and VP protection procedures and the procedures to report concerns regarding breaches of this policy;

·      establishing and maintaining effective procedures for responding to incidents, concerns and allegations of abuse; and

·      the provision of VP protection awareness training, which training will be tailored to suit the role the individual has and services they are to provide.

7.     Reporting Procedures

Tom’s Foundation will:

·      deal with a report of VP abuse in accordance with this policy;

·      make every effort to protect the rights and safety of the VP throughout the investigation of any report of VP abuse;

·      treat a report of VP abuse seriously and ensure all parties are treated fairly;

·      deal with a report of VP abuse in a confidential, fair and timely manner; and

·      ensure that the interests of any person reporting VP abuse in good faith are protected.  

A report of child exploitation and abuse may include any disclosure, concern or allegation made by a child, or by any other person, of child exploitation and abuse or a breach of this policy.

A TFR who intentionally makes a false or malicious report may be subject to disciplinary action including dismissal (in the case of an employee or volunteer) or termination of contract (in the case of an organisation or sole trader).

If a TFR becomes aware of an incident of:

·      VP exploitation and abuse, or what may reasonably be suspected to be VP exploitation and abuse, through disclosure from a VP, third party and/or direct observation; and/or

·      a breach or possible breach of this policy,

he or she must immediately notify the incident by completing and delivering an Incident Report to the Tom’s Foundation Board.

If the incident is required to be reported by any applicable legislative mandatory reporting obligation, the Board will report the incident to the relevant external child protection authority or the relevant police force.

Others, including people in the community, can also notify VP exploitation and abuse or suspected VP exploitation and abuse to any person in Tom’s Foundation. A TFR who receives a notification in this way must immediately notify the Board.

8.     Response to Incident Report

On receipt of an Incident Report, the Board will identify immediate and potential risks to the VP and develop and implement an action plan to ensure the safety of the VP (Action Plan).

The Action Plan must include:

·      checking that a report of the matter to the relevant police force and/or the VP protection authority has been made, if it is required in compliance with a mandatory legal requirement; or

·      reporting the matter to the relevant police force and/or the VP protection authority, even if it is not required by law, unless the Board determines that the matter does not involve conduct which may be criminal or conduct which may be required to be reported under a mandatory legal requirement; and

·      ensuring referral and support for the VP; and

·      managing the matter internally in accordance with Tom’s Foundation processes, according to whether or not the incident may involve criminal conduct or other reportable conduct.

9.     Policy Monitoring and Review

Monitoring application of the policy is the responsibility of the Tom’s Foundation Board.

The policy will be reviewed every two years or as otherwise determined by the Board.  It may be reviewed more frequently if there are changes to relevant national and/or international standards, so that the policy remains current, effective and appropriate.

Contacts

For questions about this policy, contact the Board Chairman or Company Secretary by email at: tcf@aynsleymail.com or by Phone on: +61 411 580 001.

Updated: August 2020

Please consider making a donation to Tom's Foundation. 100% of all donations received in our account will go to Tom's Foundation which was established to provide coffee producing communities with much needed support in day-to-day areas of life as they move towards longer term sustainability.

Tom's Foundation is registered as a charity with the Australian Charities and Not-for-profits Commission ABN 65624241505.