External Conduct Standard 4: Protection of vulnerable individuals

External Conduct Standard 4 requires charities to take reasonable steps to ensure the safety of vulnerable individuals overseas. It applies where individuals are:

• being provided with services or accessing benefits under programs provided by the charity (whether directly or through collaboration with a third party)
• engaged by the charity, or a third party in collaboration with the charity, to provide services or benefits on behalf of the charity or third party.

‘Vulnerable individuals’ are defined as people under the age of 18, or those who may be:

• unable to take care of themselves, or
• unable to protect themselves against harm or exploitation.

This could be due - but not limited to - their age, an illness, trauma, disability, or some other form of disadvantage.

The vulnerability may be permanent (for example, an aged-related vulnerability) or temporary (for example, a person forced to move to a shelter due to personal circumstances).

Purpose of this standard

The purpose of this standard is to ensure that a charity’s operations outside Australia are undertaken in a way that minimises the risk of harm, exploitation or abuse of a vulnerable person.

This is consistent with the community’s expectations of charities.

Reasonable steps to meet this standard

The ACNC does not prescribe what a charity must do to meet this standard. Based on its own circumstances, each charity must decide the appropriate action required.

The ACNC expects a charity to have considered the risks to vulnerable people associated with its overseas activities, including those carried out in collaboration with a third party.

The reasonable steps that a charity must take, and the reasonable procedures it must maintain, will depend on its particular circumstances and the associated risks. These considerations will be different for each charity.

To decide what these steps should be, a charity should consider:

• the nature and degree of the vulnerability of the people it works with
• its size and the number of staff and volunteers it has
• its level of knowledge, and how experienced its people are in working with vulnerable people
• the nature, scale, complexity and location of its overseas activities
• the effectiveness of the current policies and procedures governing its activities
• the working and living conditions of staff and volunteers overseas
• how disasters or conflict could affect the vulnerability of people in the area
• cultural issues and local practices
• its work with third parties.

By not taking the appropriate steps to protect vulnerable people, a charity risks:

• abuse or harm to vulnerable beneficiaries
• health and safety issues, including injury to beneficiaries, staff and volunteers
• compensation claims and legal action due to stress or harassment
• damage to its reputation, as well as the reputation of the wider charity sector.

Ways to meet this standard

The actions a charity takes to meet this standard will depend on its individual circumstances.

As a first step, a charity should identify and assess the risks to vulnerable people associated with its activities overseas.

It should pay special attention to high-risk activities linked to children and vulnerable people, such as overseas volunteering and child sponsorship. Refer to the case studies on this page for more detailed guidance and information focusing on these high-risk activities.

Once a charity has identified and assessed the risks, it should develop a plan to manage those risks.

Some things that a charity can do to manage risks include:

• developing a policy that commits the charity's staff, volunteers, third parties and visitors to protecting vulnerable individuals
• ensuring the safety of vulnerable people an important criterion when selecting third parties
• developing a code of conduct outlining appropriate behaviour when working with vulnerable people
• ensuring staff, volunteers and visitors are aware they must report suspected abuse within the charity
• ensuring the privacy of vulnerable people is always protected
• establishing thorough staff and volunteer recruitment processes, including adequate background checks
• ensuring staff and volunteers are suitably qualified in safeguarding vulnerable people and properly supervised when working with them
• having a procedure for confidential complaints that is accessible for all vulnerable people, staff, volunteers and third parties
• dealing with complaints appropriately, sensitively and promptly
• ensuring staff and volunteers working overseas have access to suitable housing, food, insurance, medical services and communications
• establishing an emergency exit plan for staff and volunteers working in conflict zones or other dangerous locations
• thoroughly checking the legal status, reputation and procedures of third parties
• ensuring third parties have the appropriate registrations and licenses to conduct activities with vulnerable people, and that they meet required standards
• having written agreements that clearly set out roles and responsibilities of third parties, and monitor third parties’ activities through regular reporting and checks.

A charity must meet safeguarding requirements, or relevant minimum standards, as set out in both Australian law and the laws of the host country.

Most of these actions are simple and, where appropriate, most charities will be able to do them. But if you think your charity doesn’t have anyone available with enough knowledge and experience, it is a good idea to seek expert help or advice.

Case studies: Supporting vulnerable children overseas

Working to support vulnerable children overseas comes with risk and it is important that a charity has the governance practices to mitigate and manage these risks.

To help a charity consider its governance for supporting vulnerable children overseas, we have developed two case studies that show how other charities have approached the issue.