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Procedure for Handling Complaints

Against Staff and Volunteers

Adopted by Elders & Administration Team

on 21/04/2020

Purpose

The Procedure for Handling Complaints Against Staff and Volunteers (the

Procedure) sets out a procedure by which a complaint or information relating to

a serious breach of the Code of Conduct can be received, investigated and

resolved.

The Procedure should also be followed in the event of the Church receiving a

complaint or information relating to Reportable Conduct. The Church has an

obligation in accordance with Reportable Conduct Legislation to have practices

and procedures to deal with Reportable Conduct, including:

• for receiving complaints of Reportable Conduct;

• for dealing with Reportable Conduct allegations; and

• for the receipt, handling and disclosure of information relating to Reportable

Conduct and investigations.

Scope

This Procedure applies to all staff and volunteers of the Church.

This Procedure applies to all matters which are a serious breach of the Code of

Conduct, including complaints relating to:

• In NSW, a Child Abuse Offence, Child Sexual Abuse or Sexual Misconduct

involving a Child.

Please note: Accredited and Recognised Ministers are subject to:

• this procedure in relation to a complaint of a breach of the Code of Conduct,

(If an Accredited or Recognised Minister is found to have breached the

Baptist Association Code of Ethics and Conduct that would also constitute a

breach of the church’s Code of Conduct); and

• the Baptist Churches of NSW & ACT Procedures for Handling Allegations in

relation to a complaint of a breach of the Baptist Association Code of Ethics

and Conduct.

Please note: This Procedure does not apply to matters which would more

appropriately be dealt with under the Procedure for Conflict Resolution (for

example, a low-level breach of the Code of Conduct).

If there is any doubt as to whether a complaint or information would fall within

the scope of the Procedure, or about any of the steps set out in the

Procedure, a church leader should contact the Baptist Churches of NSW

& ACT Ministry Standards Manager on 1300 647 780.

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The Procedure should be read in conjunction with the Safe Church Policy and:

• Code of Conduct for Staff and Volunteers

• Procedure for Responding to Child Protection Concerns

• Procedure for Conflict Resolution

• Privacy Policy

1. Receiving a complaint or information

Anyone may make a complaint or pass on information that relates to a breach of the

Code of Conduct (including Reportable Conduct) by staff or volunteers of the

Church to:

• Church Leadership;

• the Safe Church Team Leader and the Safe Church Team; or

• any staff or volunteer.

Complaints or information may be received verbally, however where possible a

written outline of the complaint should be encouraged. In all cases, the Safe

Church Team should document all complaints and information received in the

Safe Church Concerns Form.

2. Reporting information

2.1 Determining appropriate reporting process

a) Any complaint about a staff member or volunteer which may be considered a

serious breach of the Code of Conduct should be reported to the Church

Leadership. If the complaint or information relates to a member of the Church

Leadership then it should not be reported to them, but instead reported to

another person in the Church Leadership or the Safe Church Team.

b) On receipt of a complaint or information that may relate to any form of child

protection concern the person that has received the complaint or information is

to also follow the Procedure for Responding to Child Protection Concerns.

c) Any person who has knowledge that a serious crime has been committed,

whether or not it is related to children, should report that knowledge to the

Police.

d) If a complaint is, or should be, reported to government authorities the Church

Leadership will only commence an investigation under this Procedure after

consultation with the government authorities that it has been reported to.

2.2 Allegations regarding Reportable Conduct

a) The Head of Entity (typically either the paid senior pastor or the chair of the

church governance body) is obligated to notify the Reportable Conduct Scheme

– NSW, the Office of Children’s Guardian, of Reportable Conduct allegations

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within a defined timeframe, in accordance with Reportable Conduct

Legislation.

b) In NSW,

• the Reportable Conduct Scheme covers any staff or volunteers who are

required to hold a Working With Children Check.

• this notification must be made within 7 business days of receiving the

complaint or information (s29(4) of the Children’s Guardian Act (2019)).

• A ‘final entity report’ must be submitted within 30 days. If it is not possible

to submit the final report within 30 days then an interim report must be

submitted within 30 days in accordance with s38 of the Children’s

Guardian Act 2019.

c) The notification of the allegation to the Reportable Conduct Scheme must be in

writing and should include:

• the name, date of birth and WWCC number of the employee or volunteer,

• the name and contact details of the relevant entity and the head of the

relevant entity,

• details of the allegation,

• the nature of the relevant entity’s initial risk assessment and risk

management action,

• if a report to police has been made, the police report reference number,

• if a report has been made under Mandatory Reporting Legislation. the

report reference number, and

• the names of other relevant entities that employ or engage the employee.

3. Risk Assessment

a) In addition to considering or making a report under section 2 above, the Safe

Church Team and Pastoral Staff must conduct a risk assessment relating to the

safety of the complainant or any other children or vulnerable people and take

reasonable precautions to minimise those risks.

b) The Church should be careful not to prejudice ongoing criminal investigations

and so there may be a need to initiate risk management without alerting the

person subject of the complaint.

c) Subject to the view of government authorities, if the Church has received a

plausible complaint (ie/ not clearly false or vexatious) of Child Sexual Abuse or

Sexual Misconduct involving a Child and the complaint relates to a staff

member or volunteer who is engaged in child-related work, then the Church

Leadership is to suspend the person from such duties while the complaint is

considered in accordance with this Procedure.

1. Appointing a person to handle complaint

a) Where a matter is to be investigated under this Procedure, the Church

Leadership is to appoint a person to handle the complaint (the Investigator).

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b) In appointing the Investigator, the Church Leadership will avoid conflicts of

interest (for example where there may be a close personal relationship between

the subject of the complaint and the proposed investigator).

c) For any matters related to any form of harm or abuse of a child, the Investigator

should be an external person (unless this is not reasonably practicable and a

suitably qualified and independent internal Investigator is available).

d) Church leaders should contact the Baptist Churches of NSW & ACT Ministry

Standards Manager on 1300 647 780 for assistance in identifying an external

Investigator.

5. Providing Support

The Church is to ensure that support is provided to both the Complainant and the

Respondent, including:

• providing them with a contact person to who they can direct inquiries

about the progress of the complaint;

• offering them a support person; and

• considering providing them with access to counselling and other support

services.

6. Investigating the complaint

a) The Investigator is to investigate the complaint (or concern, or allegation if the

investigation arises from information about Reportable Conduct that did not

come in the form of a complaint)

b) In Investigating the complaint, the Investigator is to:

• act in good faith, without bias and without unreasonable delay;

• collect and document evidence, including by conducting interviews and

taking statements from the complainant and other witnesses; and

• maintain a record of all relevant evidence obtained and steps taken in the

investigation.

c) If the matter is related to a Reportable Conduct Allegation, the Investigator is to

consider matters in division six of the Children’s Guardian Act (2019) including:

• the nature of the reportable allegation and any defence;

• the gravity of the matters alleged; and

• whether the reportable allegation relates to conduct that is in breach of the

Code of Ethics and Conduct, the Code of Conduct and/or accepted

community standards.

7. Putting the complaint to the Respondent

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a) The Investigator is to put the complaint in writing to the person whose conduct

is subject of the complaint (the respondent).

b) In doing so, the Investigator is to:

• set out the complaint with sufficient detail for the respondent to understand

the complaint;

• state the part of the Code of Conduct that is alleged to have been

breached;

• set out the potential adverse outcomes for the respondent in the event that

there is a finding that the respondent breached the Code of Conduct; and

• provide the respondent with an opportunity to respond to the complaint in

writing and within a stated timeframe not exceeding 2 weeks.

8. Putting any further adverse information to the respondent

If, in the course of the investigation, further adverse information is brought forward in

relation to the respondent, the Investigator will:

• advise the respondent in writing of the further adverse information; and

• provide the respondent the opportunity to respond to the information.

9. Investigators findings

a) The Investigator must provide a written report which sets out:

• the complaint;

• the part of the Code of Conduct that is alleged to have been breached;

• the proposed finding

• the evidence relied upon to make the finding, including the response of the

respondent (if any) to the complaint; and

• a finding about whether the complaint is sustained or not sustained, using

the “balance of probabilities” as the standard of proof (for matters relating

to child protection concerns, reference should be made to Reportable

Conduct Legislation)

• possible outcomes or consequences that the Church Leadership may

consider implementing

b) If the matter relates to an allegation of Reportable Conduct the Investigator

should ensure that the report also sets out

• information about the facts and circumstances of the reportable allegation,

and

• the findings after completing the investigation including an analysis of the

evidence and the rationale for the findings,

• a copy of any written submission made by the employee or volunteer

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• any copies of documents in the relevant entity’s possession that are

relevant to the report, including transcripts of interviews and copies of

evidence.

c) The Investigator’s Report will be provided to

• the Church Leadership; and

• Baptist Churches of NSW & ACT Ministry Standards Manager

(standards@nswactbaptists.org.au)

d) A summary of the Investigator’s report will be provided to the Respondent along

with:

• an invitation to respond in writing to the Church Leadership within a

defined timeframe

• written notice of the possible consequences if the Investigator’s Report is

accepted by the Church Leadership. This may include suspension,

termination from duties for volunteers, termination of engagement for staff.

It may also require notice to Police, Ombudsman and/or the Office of

Children’s Guardian, which may impact the individual’s WWCC clearance.

10. Determination of Complaint and Outcomes

a) The Church Leadership is to consider the report of the Investigator and to

decide whether to accept the finding put forward by the Investigator.

b) In doing so, the Church Leadership is to consider all of the relevant material

available.

c) If the Church Leadership makes a determination that a complaint is sustained

and the Code of Conduct has been breached, they are to determine an

outcome for the respondent, which may include, but is not limited to:

• termination of employment/engagement;

• suspension from employment/engagement, for a period of time; and/or

• imposing conditions on the employment/engagement of staff or

volunteers.

d) If the Church Leadership does not accept the Investigators finding, the Church

Leadership should decide whether there is another available finding on the

basis of the evidence presented to it, and record written reasons for departing

from Investigators finding (and if relevant, propose an outcome for the

respondent as above).

11. Communication of Outcome

a) The respondent will be informed in writing of the:

• determination of the complaint

• any consequences arising from the determination

• the reasons for the decision

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b) The person who raised the complaint will be informed of the outcome of the

complaint.

c) The Baptist Churches of NSW & ACT Ministry Standards Manager will be

informed of the outcome of the investigation

d) If the matter constitutes a Child Abuse Offence or other serious criminal

offence, a report must be made to the local police station (unless a report has

already been made).

e) If the matter is Reportable Conduct, the ‘Head of Entity’, must notify the

Reportable Conduct Scheme – in NSW, the Office of Children’s Guardian – in

accordance with Reportable Conduct Legislation, including the:

• Investigator’s report;

• any deviation made by the Church Leadership from the Investigator’s

findings, including reasons for the deviation; and

• the proposed course of action in response.

f) In NSW, if the matter relates to a finding that a staff member or volunteer has

engaged in a Child Abuse Offence, Child Sexual Abuse or Sexual Misconduct

involving a Child, the Church is to make a report to the NSWOCG in

accordance with WWCC Legislation. The respondent should be provided with

written notice of this report having been made.

Church leaders should seek advice from the Baptist Churches

of NSW & ACT Ministry Standards Manager on 1300 647

780 to ensure that the determination and outcome is

consistent with the evidence gathered.