Code of Conduct

CONTEXT

This Code of Conduct policy (the “Code”) applies to all Solving Plastic Waste CRC (“SPW CRC”) directly-employed staff (“Employees”), seconded staff (e.g., Program Leaders), Board Directors and contractors (e.g., Secretariat, Committee members) (herein “CRC Staff”) who directly and regularly represent the SPW CRC. All individuals are required to comply with and are responsible for knowing and understanding this Code.

This Code does not attempt to provide a rigid, detailed and exhaustive list of expected behaviour. Instead, it sets out general expectations of the standards of behaviour required and gives some examples of the types of behaviour that are, or are not, acceptable.

SPW CRC POLICIES

The Code operates alongside all relevant and appropriate SPW CRC policies including SPW CRC employment terms and conditions.

RESPONSIBILITIES

CRC Staff are expected to conduct themselves with integrity, impartiality, accountability, respect and leadership. They are expected to treat others respectfully, responsibly, and ethically, and in all SPW CRC programs and activities behave by the highest standards of honesty and integrity.

CRC Staff will not engage in discrimination, sexual harassment or bullying (all as defined by the Fair Work Commission and described below) and all other forms of harassment that may adversely impact another individual’s psychological (mental) or physical health.

Discrimination – behaviour in a way that harms an individual because they have certain features or attributes – such as, but not limited to – race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, heritage, citizenship, social origin (social class, language, and customs).
Sexual harassment – is unwelcome conduct of a sexual nature in relation to a person. It occurs in circumstances where a reasonable person would anticipate the possibility of the person who is harassed being offended, humiliated, or intimidated. Conduct of a sexual nature includes making a statement of a sexual nature to, or in front of, a person; can be spoken or in writing; it can be a one-off incident, or it can happen more than once; involving conduct by one or more people. Sexual harassment can cause physical and psychological harm. It can have a wide range of negative impacts, including feelings of isolation, loss of confidence and stress or depression.
Bullying – Bullying happens at work when a person or a group of people behaves unreasonably towards a worker or a group of workers at work, this happens more than once, and this creates a risk to psychological and physical health and Examples of bullying include behaving aggressively towards others; teasing or playing practical jokes; pressuring someone to behave inappropriately; excluding someone from work-related events; and unreasonable work demands.

BREACH OF THIS CODE

Breaches and alleged breaches of this Code may fall into three distinct categories: directly associated with SPW CRC program and activities, not directly associated with SPW CRC’s program and activities, associated with other individual(s). Any breaches or alleged breaches may be subject to verbal or written disciplinary action.

REPORTING AN INCIDENT

Individuals experiencing or observing any behaviour that is in breach of this Code are encouraged to document their observations and report such behaviour or breaches to the relevant person, even if the breach appeared relatively minor or was not experienced in a negative or distressing manner.

Any reporting of a breach of this Code should proceed as follows:

SPW CRC Board Directors should report breaches of this Code to the SPW CRC
- If a SPW CRC Board Directors is not comfortable reporting to the SPW CRC Chair for any reason, the report should be made to a SPW CRC CEO who can address this matter with another member of the SPW CRC Board.
All other SPW CRC Staff should report breaches of this Code to the SPW CRC
- If SPW CRC Staff are not comfortable reporting to the CEO for any other reason, the report should be made to the SPW CRC Chair in the first instance or with another SPW CRC Board
- If they are not comfortable reporting to the SPW CRC CEO or to a member of the SPW CRC staff for any other reason, the report should be made to a SPW CRC Chair.

DISPUTE RESOLUTION

On receipt of a report of a breach of this Code, the SPW CRC CEO or SPW CRC Chair will be notified in confidence, even if the individual making the report has requested that no action be taken. The SPW CRC CEO or SPW CRC Chair will then determine the appropriate steps for resolution within 14 days of receiving a report of a breach – whether an informal resolution is sufficient or further investigation into the report is required.

Informal Resolution

Reports of breaches or alleged breaches of this Code, where possible, should be resolved informally and in strict confidentiality through any or all of the following:

Discussion between the SPW CEO, or SPW Chair and the individual(s) concerned.
Facilitated conciliation and mediation either by a member of the SPW CRC Board or a professional mediator, as appropriate.
Agreed resolution such as formal apology, commitment to change behaviour or withdrawal from an activity by the individual who has committed the breach, as is appropriate.
Provision of support, such as pairing with a mentor, access to counselling or other professional support services, as warranted.

Formal Investigation

Where informal resolution is insufficient to resolve a matter, where allegations are disputed, or where the observed or alleged breach of this Code is deemed by the SPW CRC CEO or SPW CRC Chair to be sufficiently serious in nature, formal investigation procedures may be instigated.

The nature and format of such investigations will depend on the circumstances and nature of the alleged breach, as follows:

Alleged breaches by the SPW CRC CEO or members of the SPW CRC Board will be investigated by the SPW CRC Chair.
Alleged breaches by SPW CRC Staff will be investigated by the SPW CRC CEO or SPW CRC Board.
Alleged breaches by SPW CRC fellows or CRC Stakeholders will be investigated by the SPW CRC CEO or the SPW CRC Chair.
The SPW CRC CEO or members of the SPW CRC Board must provide written notice to the individual suspected of the alleged breach within 14 days before any formal investigation and the individual may provide an explanation and details.

If required, investigations may require the establishment of an ad hoc subcommittee of Directors and/or the engagement of an independent investigator to undertake any required detailed investigation.

NOTICE OF BREACH OF THIS CODE

When a decision is made to reject or uphold an allegation of breach subject to any informal or formal investigation, within 7 business days of any decision being made the individual alleged to have made the breach must be provided with:

Written notice of the decision and the reasoning for the decision;
Any disciplinary action resulting from the decision; and
The right to appeal any decision or have the decision reviewed.

DISCIPLINARY ACTION

Disciplinary action may be taken if it is identified that this Code has been breached. The disciplinary action will be determined by the SPW CRC CEO or SPW CRC Chair on the basis of the outcomes of an informal resolution or the recommendations of a formal investigation. Disciplinary action must be taken within 1-month of when the Notice of Breach of this Code has been provided to the individual alleged to have made the breach. Disciplinary action could include but is not limited to:

Counselling;
A formal warning or reprimand;
A requirement to restrict or refrain from contact with the complainant;
Performance management or equivalent;
Mentoring or supervision to monitor or assist in addressing behaviour;
Suspension or expulsion from a particular group or activity;
For SPW CRC staff – termination of employment or contract; and
For CRC Stakeholders – restricted opportunity for future engagement.

BREACHES OF THIS CODE NOT DIRECTLY ASSOCIATED WITH SPW CRC PROGRAMS AND ACTIVITES

Where alleged breaches of this Code have occurred in circumstances not directly associated with SPW CRC’s programs or activities:

Where SPW CRC Board Directors are concerned – the SPW CRC CEO or SPW CRC Chair will assume responsibility to determine whether a publicly known and verified breach not directly associated with SPW CRC’s activities poses a significant and unacceptable level of risk to the SPW CRC and make a recommendation to the Board of appropriate action.
Where other SPW CRC Staff are concerned – the SPW CRC CEO or SPW CRC Chair will determine whether a verifiable breach not associated with SPW CRC’s programs and activities has occurred, and, if so, whether it carries a material disadvantage to the SPW CRC. If the allegation is substantiated, then a range of measures may be taken, up to and including termination of employment or contracts. In the case of the SPW CRC CEO, the SPW CRC Chair and the Chair of the Audit Finance Security and Risk Committee will be the investigating parties.

AUTHORISATION

This Code and associated guidelines and procedures has been approved by the SPW CRC Board of directors as its formal statement of expectations of conduct, and its guidelines and procedures for handling observed or alleged breaches.