Co-Operative Inc
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XYZ Housing Co-operative Inc.
Policies
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1 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Disclaimer
This template is provided for the purpose of disseminating information free of charge as an optional resource for use by Housing Co-operatives in South Australia.
To the maximum extent permitted by law, Housing SA, Community Partnerships and Growth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any information contained in this document.
Housing SA, Community Partnerships and Growth recommends that Co-operative members exercise their own skill and care with respect to their use of this template and that they carefully evaluate the accuracy, currency, completeness and relevance of information for their purposes.
The information is not intended to be nor should it be relied on as a substitute for legal or other professional advice. Co-operatives should obtain any appropriate professional advice relevant to their particular circumstances.
a)
b)
2 CONTENTS
c)
3 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 d) DEFINITIONS
Caretaker A person approved by the Co-operative who is temporarily living in and taking care of a property while the Non Member Tenant or Member Tenant is absent for a period up to 12 months.
CHO Community Housing Organisation – a registered housing co-operative or housing association.
CPG Community Partnerships and Growth – the South Australian Government department which funds and regulates CHOs.
Dependent Children Refer CPG’s Rent Policy.
Extra Person A resident of the household, other than a Non Member Tenant, Member Tenant or their dependent child aged less than 18 years, who lives at the address with the permission of both the Tenant and the Co-operative.
Member Tenant A person who is a member of a Housing Co-operative and has a Periodic Tenancy Agreement with that Co-operative.
Non Member Tenant A person who has a current Fixed Term Tenancy Agreement with a Housing Co-operative.
Tenant A person who has a current Tenancy Agreement with the Co-operative.
Principal Registrant (Registrant) A person who has lodged a Registration of Interest form and whose name is on the Community Housing Customer Register (CHCR).
Visitor A person who has their own residential address separate from the address which they are currently visiting and who intends to return to reside in that property. (Refer to CPG’s current Rent Policy for the definition of a person who does not have their own residential address.)
4 e) PRINCIPLES OF CO-OPERATION
These are the internationally recognised principles we seek to put into practice in the management of our Co- operative.
1st Principle: Voluntary and Open Membership
Co-operatives are voluntary organisations, open to all persons able to use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.
2nd Principle: Democratic Member Control
Co-operatives are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions. Men and women serving as elected representatives are accountable to the membership. In primary co-operatives members have equal voting rights (one member, one vote) and co-operatives at other levels are also organised in a democratic manner.
3rd Principle: Member Economic Participation
Members contribute equitably to, and democratically control, the capital of their co-operative. At least part of that capital is usually the common property of the co-operative. Members usually receive limited compensation, if any, on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following purposes: developing their co-operative, possibly by setting up reserves, part of which at least would be indivisible; benefiting members in proportion to their transactions with the co-operative; and supporting other activities approved by the membership.
4th Principle: Autonomy and Independence
Co-operatives are autonomous, self-help organisations controlled by their members. If they enter to agreements with other organisations, including governments, or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their co-operative autonomy.
5th Principle: Education, Training and Information
Co-operatives provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their co-operatives. They inform the general public - particularly young people and opinion leaders - about the nature and benefits of co- operation.
6th Principle: Co-operation among Co-operatives
Co-operatives serve their members most effectively and strengthen the co-operative movement by working together through local, national, regional and international structures.
5 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 7th Principle: Concern for Community
Co-operatives work for the sustainable development of their communities through policies approved by their members.
6 f) GOVERNANCE & ORGANISATION MANAGEMENT
Reference
South Australian Co-operative and Community Housing Act 1991 South Australian Co-operative and Community Housing (General) Regulations 2007 National Community Housing Standards 2010 Co-operative’s Rules Co-operative/CPG Funding Agreement g) Code of Conduct The Co-operative’s Code of Conduct is based on the following principles:
the Co-operative requires compliance with all laws and with its own policies and procedures the Co-operative is committed to promoting respectful, honest and ethical conduct by its Tenants and Members the Co-operative believes that respectful, honest and ethical conduct is paramount and builds trust between the Co-operative’s Tenants and Members and the organisations and agencies it deals with.
The Co-operative’s Code of Conduct sets the minimum requirements of behaviour for Tenants and Members in relation to their dealings with each other and the activities or business of the Co- operative.
Except in the case of accidental mistakes, ignorance, or extenuating circumstances, there will be no exceptions to the application of this Code.
Tenants and Members must act lawfully, honestly and exercise a reasonable degree of care and diligence in all their dealings with the Co-operative.
Tenants and Members must treat each other with dignity, respect, sensitivity and fairness.
Tenants and Members must conduct themselves in a manner that most people would find reasonable and that does not interfere with other people’s safety or enjoyment.
Specifically, Tenants and Members must avoid conduct that:
breaches any laws or regulations breaches the Co-operative’s Rules, Bylaws, Policies or this Code of Conduct
damages the reputation of the Co-operative
is an abuse of power or authority
causes, comprises or involves intimidation, harassment or abuse 7 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 causes, comprises or involves discrimination, disadvantage or unfair treatment of others.
For Non Member Tenants a suspected breach of the Code of Conduct will be investigated in accordance with the Breach of Membership Obligations Policy and may result in membership being refused.
For Members Tenants, a suspected breach of the Code of Conduct will be investigated in accordance with the Breach of Membership Obligations Policy.
Ethical Decision Making
Members must take all relevant facts known to them (or that they should be reasonably aware of) into consideration and have regard to the particular merits of each situation when making decisions that affect the business of the Co-operative.
If a Member is unsure about the ethics around an action or decision they are about to take, they should consider these four points:
1. Is the conduct or decision lawful?
2. Is the conduct or decision consistent with the Rules, Bylaws and Policies of the Co- operative and with the Co-operative’s Code of Conduct?
3. What will the outcome be for the Co-operative and any other parties? Do these outcomes raise a conflict of interest or lead to private gain or loss at the Co-operative’s expense?
4. Can the conduct or decision be justified in terms of the Co-operative’s best interests and would the conduct or decision withstand public scrutiny?
Members have the right to question any proposal, decision or action which they think may be unlawful or unethical. If they are uncertain about whether a proposal, decision or action might be unlawful or unethical, they are expected to seek further advice.
h) Code of Governance
We will provide good governance and leadership by understanding our role. Members of the Management Committee will understand their role and responsibilities collectively and individually in relation to:
their legal duties
their stewardship of assets
the provisions of the Rules and Policies
the external environment
the total structure of the organisation 8 setting and safeguarding the vision, values and reputation of the organisation
overseeing the work of the organisation
managing and supporting Officers and Coordinators.
We will provide good governance and leadership by ensuring we meet our purpose. The Management Committee will ensure that we achieve our objectives by:
ensuring those objectives remain relevant and valid
developing and adopting long terms plans
adopting medium terms plans and budgets
monitoring progress and spending against plans and budget
reviewing and/or amending plans and budgets as appropriate.
We will provide good governance and leadership by working effectively both as individuals and as a team. The Management Committee will have a range of appropriate policies and procedures, knowledge, attitudes and behaviours to enable both individuals and the Management Committee to work effectively. These will include:
finding and recruiting tenants/members to meet the organisation’s changing needs in relation to skills, experience and diversity
providing suitable induction for new Management Committee members
providing all Management Committee members with opportunities for training and development according to their needs.
We will provide good governance and leadership by exercising effective control. As the accountable body, the Management Committee will ensure that:
we understand and comply with all relevant legal and regulatory requirements
we have good internal financial and management controls
we regularly identify and review the major risks to which the organisation is exposed and has systems to manage those risks
delegations to Subcommittees, Office Bearers, Coordinators and Service Providers work effectively and the use of delegated authority is properly supervised.
We will provide good governance and leadership by behaving with integrity. The Management Committee will: 9 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 safeguard and promote the organisation’s reputation
act according to high ethical standards
identify, understand and manage conflicts of interest and loyalty
maintain independence of decision making.
We will provide good governance and leadership by being open and accountable. The Management Committee will lead the organisation in being open and accountable, both internally and externally. This will include:
open communications, informing people about our organisation and its work
appropriate consultation on significant changes to our services or policies
listening and responding to the views of tenants, members, funders and others with an interest in our work
handling complaints constructively, impartially and effectively
considering our responsibilities to the wider community, including our environmental impact.
i) Rules, Bylaws, Policies and Procedures The Co-operative’s Rules state why the Co-operative exists and outline how it will set up its Committee and manage its affairs and meetings.
The Co-operative has Bylaws as required by CPG to manage Tenant Selection, Membership Criteria, Rent Arrears and Appeals.
The Co-operative will also have Policies (which explain how it has agreed to make certain decisions and manage its operations) and Procedures (which describe in more detail what tasks will be undertake to put bylaws and policies into practice).
Bylaws will be approved, amended or rescinded by resolution at the Annual General Meeting or at a Special General meeting in accordance with the Rules.
Policies will be approved, amended or rescinded by resolution at a Committee of Management meeting.
Procedures will be approved, amended or rescinded by Coordinators or Subcommittees unless the Committee of Management meeting has specified which Procedures it will approve.
Bylaws and Policies are to be:
written concisely
10 in plain English clearly worded easy to follow.
The Secretary is responsible for maintaining the Co-operative’s Bylaw and Policy Register which will include:
the bylaw or policy title the category date the most recent version was adopted electronic archive of the earlier versions.
Along with a Table of Contents, a copy of the most recent version of each bylaw or policy will be maintained on the Co-operative’s cloud server for the purpose of ready access by Non Member Tenants and Member Tenants.
The usual practice will be that Subcommittees or Coordinators will draft bylaws or policies in their areas of responsibility.
All draft bylaws and policies will be referred to the Secretary to ensure consistency of format, language etc before they are presented to a Committee of Management meeting.
In presenting a new bylaw or policy, the Coordinator will provide a copy of the proposed bylaw or policy to the Members before the meeting and will explain to the Committee of Management meeting:
why the bylaw/policy is required whether or not the new bylaw/policy is intended to replace an existing one how the content was developed what impact the proposed bylaw/policy may have on other bylaws/policies/procedures.
In proposing amendments to an existing bylaw or policy, the Coordinator will provide a copy of the proposed amendments to the Members before the meeting and will explain to the Committee of Management meeting:
why the bylaw/policy is required how the amendments were developed what impact the proposed amendments may have on other bylaws/policies/procedures.
Once approved by the Committee of Management, the Secretary will add the bylaw or policy to the Register.
The Secretary has the authority to make minor amendments to bylaws/policies. Minor amendments are:
typographical corrections changes to the format of a bylaw or policy changes to the number of a bylaw or policy changes to the name of an agency, service provider, contractor, office bearer or coordinator.
11 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 The Co-operative will review its bylaws and policies every two years. Procedures will be reviewed as necessary.
j) k) Meeting Procedures Monthly meetings of the Committee of Management will start at XXpm on the third Wednesday of each month (except January) at XXXX and will close at XXpm.
Non-attendees who have not submitted an apology (in writing, by phone, email or text message) by XXpm to the Secretary of the Committee of Management will be recorded as absent.
Meetings will be opened and closed at the stated time and may only be extended beyond the stated time of closure by resolution of the Committee of Management.
All Members are encouraged to submit agenda items for discussion. Agenda items are to be submitted to the Secretary 7 days prior to the meeting.
Minutes and agendas will be circulated by the Secretary one week before each meeting according to the Official Correspondence Policy.
The following Reports will be circulated with the Agenda: Finance Tenancy Asset Management Membership X X
Phone calls and text messages are not to be taken or made during meetings except with the permission of the Chairperson.
Members and Non Member Tenants and any visitors are expected to treat other people at the meeting at all times with dignity, respect, sensitivity and fairness in accordance with the Code of Conduct.
Members and Non Member Tenants must avoid being affected by alcohol or drugs including medically prescribed or over the counter drugs in the sense that their concentration, alertness and judgements about behaviour or items under discussion during the meeting may be impaired.
The Chairperson: will:
ensure that the meeting starts and finishes on time note who wishes to speak, and indicates when a person may speak be responsible for keeping the discussion to the subject decide when discussion should be brought to an end not usually get involved in the discussion unless their opinion is sought summarise the issue under discussion, to aid in decision making refer items to a Subcommittee, working group or staff member for a report at the next meeting if it is apparent that a decision cannot be made. 12 Discussion will be limited to the appropriate Agenda item.
The Chairperson will encourage the meeting to achieve agreement but ultimately decisions will be made by motion with a majority vote taken by a show of hands (except where the Rules provide for a secret ballot).
Motions:
will commence with ‘that’ will usually be in the positive (ie. action to be taken, not action to be not taken) will be specific will be unambiguous will not usually contain more than one sentence may incorporate a brief explanation by way of preamble will not attempt to revive a motion previously rejected may, if circumstances require it, be in the negative.
Up to two ‘friendly amendments’ can be made per motion. Only one formal amendment is allowed per motion.
In the unusual circumstance that a Member is unwilling to vote either for or against a motion, the abstaining Member will be asked by the Chair to immediately provide a short explanation to the meeting for their abstention. This explanation will be recorded in the Minutes.
Everyone attending the meeting is expected to listen in silence and to show respect for the views expressed by others Members and Non Member Tenants.
Side discussions, interjections and disrespectful spoken or body language will not be tolerated.
Members may raise a Point of Order if the Rules, Bylaws, Policies or Meeting Procedures appear to have been breached.
The Chairperson will promote lively but structured discussion and debate. The Chairperson will disallow offensive remarks, repetitive comment or comment which is intended to cause distress or conflict.
Repeated unacceptable behaviour will be considered a breach of the Code of Conduct and will be acted on by the Co-operative.
Visitors are welcome at meetings but may only speak to the meeting with the Chairperson’s permission. Appropriate arrangements will need to be made with the Chairperson prior to the start of the meeting.
Where the Rules, Bylaws or Meeting Procedures are ambiguous or silent, the Chair will rule about how to proceed.
Where there is continuing disagreement on any ruling by the Chair, any Member may move a motion of dissent to the Chair’s ruling. If this motion is seconded a vote shall be taken. If the motion of dissent is carried, the Chair’s decision is set aside or reversed.
13 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 The spirit and intent of these Meeting Procedures will apply to all meetings of the Committee of Management and Subcommittees of the Co-operative.
The spirit and intent of these Meeting Procedures will also apply to all Annual, Special and General Meetings of the Co-operative.
l) Quorum A quorum is the minimum number of Members that must be present in order to conduct a meeting with the power to make legally binding decisions. Inactive members (Members on Leave, Medical Exemption and Retired Members) are not counted in the quorum.
For Committee of Management meetings and General meetings the quorum is 50% of the Members, rounded up if there is a fraction, plus one.
For Special General meetings, the quorum is 75% of the active Members.
For Annual General meetings, the quorum is 75% of the active Members.
If a quorum cannot be achieved at the advertised start of the meeting, the meeting will be adjourned in accordance with the Rules.
If a meeting has a quorum to begin with, but Members leave the meeting, the continued presence of a quorum is presumed unless the Chair or a Member notices that a quorum is no longer present. As soon as the Chair or a Member notices the absence of a quorum, it is his/her duty to declare the fact. The absence of a quorum will be noted in the Minutes and the Chair will take advice from the meeting about whether to close the meeting or continue.
In the absence of a quorum, discussion can be held and recommendations formed for the next meeting but no legally binding decisions can be made.
m) Conflict of Interest
A Member must avoid any conflict arising between their personal interests (or the interests of any closely related person or body) and their duties to the Co-operative.
Conflict of interest means situations where:
a person who is in a formal position of influence over a matter where they (or someone closely associated to them eg. a spouse, child, organisation or business partner), will, or might expect to receive (or suffer), a direct or indirect financial benefit (or loss) by influencing a decision to go a certain way.
a person who is in a formal position of influence over a matter where they (or someone closely associated to them eg. a spouse, child, organisation or business partner), will, or might expect to receive (or suffer), a direct or indirect non-financial benefit (or loss) by influencing a decision to go a certain way.
14 Examples of conflict of interest are (but are not limited to):
when a Member or Non Member Tenant or a member of his/her immediate family or business partner stand to gain financially from any business dealings with the Co-operative
when an immediate member of the family of a Member or Non Member Tenant stands to gain or lose tenancy or membership of the Co-operative
when a Member or Non Member Tenant offers a professional service to the Co-operative
when a Member or Non Member Tenant stands to gain personally or professionally from any insider knowledge if that knowledge is used to personal advantage
where a Member or Non Member Tenant has a role on the governing body of another organisation, where the activities of that other body may be in direct conflict or competition with the activities of the Co-operative.
A Tenant or Member must not take advantage of their position in Co-operative to gain, directly or indirectly, a personal benefit or a benefit for any associated person.
No one can make improper use of information gained as a consequence of being a Tenant or Member of the Co-operative.
The personal interests of a Tenant or Member, and those of associated persons, must not be allowed to take precedence over those of the Co-operative generally.
The Co-operative recognises that in the usual course of managing a small organisation, Members will from time to time experience a conflict of interest. Full and prior disclosure of any conflict, or potential conflict, or the appearance of potential conflict, must be made by the Member to the Co-operative.
The Co-operative’s standard management of conflict of interest is that the Member will be expected to declare their conflict of interest (or have previously asked the Chair to do so on their behalf) and withdraw before discussion on the topic commences. The Minute Taker will record the declaration and the time that the person left and returned to the meeting.
The Co-operative will take a strong stance on recognising any conflicts of interests and will respond accordingly.
Non Member Tenants who have applied for membership are expected to comply with the intentions of this policy. Breaches of this policy are likely to result in their membership being denied.
Perception of a conflict of interest
It is not possible to outline precise guidelines or rules to assess potential conflict of interest situations, but the following test should be applied to help a person decide whether or not there may be a perception of a conflict of interest.
15 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 The person should ask themselves “Would an impartial, fair minded person (who knew nothing about my character or reputation) form a reasonable opinion that my possible interest in the matter before considered could influence the manner in which I participate in the debate and/or vote on the matter?” If the answer is “yes” or “probably”, it is recommended that the person declare and withdraw.
The person must declare potential conflicts of interest as soon as they become aware that it is reasonably foreseeable that the possibility or perception of a conflict of interest may occur.
This can be done by:
informing the Chairperson or the Co-operative of a personal interest in a matter (even though, in the view of the person the situation does not in fact cause a conflict of interest), or
seeking the advice of the Chairperson or an external expert as to whether a particular situation may cause a conflict of interest.
Undeclared Conflict of Interest
While the responsibility for declaration of an actual or perceived or possible conflict of interest rests with the individual, a person who, in the view of the Co-operative, has a conflict of interest in relation to a particular matter, may be asked to not participate in any decision making or activities relating to that matter. Only the individual person concerned can decide if she or he has an interest in a particular matter at the time the matter arises. However, that person is ultimately accountable under the law for the individual judgment made and severe penalties can be imposed if the person is found guilty of not disclosing an interest.
If any person believes another person has an undeclared conflict of interest they should specify their concerns in writing to the Chairperson who will decide how to proceed.
Qualified Exemption
Occasionally, a person, having disclosed an interest in a matter, may, with the permission of the Co- operative, remain in the meeting room in order to ask or answer any questions in relation to that matter.
It is recommended that when this provision is used by the Co-operative, the permission to remain is granted by motion and so recorded in the minutes of the meeting.
The person must leave the meeting room at the conclusion of the asking or answering of questions and must not in any way participate in any debate or vote on the matter.
Information Barrier
Depending on the circumstances, the Co-operative may decide that a person with a conflict of interest will have ongoing restrictions placed on their access to Board or internal papers that discuss the matter.
16 n) Subcommittees
The Co-operative may establish subcommittees so that a small group of Members (and Non Member Tenants and co-opted ‘experts’ if the Co-operative chooses) can focus in detail on a particular issue or actions.
Every Subcommittee will have Terms of Reference to ensure there is a legally provable link between the Co-operative and the Subcommittee. The Terms of Reference are written guidelines that clarify the role, purpose and responsibilities given to the Subcommittee. This also allows the Subcommittee’s activities to be given legal protection to the same extent as the Co-operative itself.
The Terms of Reference will also describe who shall convene the Subcommittee (call and chair meetings etc).
The Secretary will hold a copy of the approved Terms of Reference.
Members of the Subcommittee should have or be able to develop the relevant expertise and can expect that they will be given sufficient information about the role and appropriate support in carrying out their duties.
A meeting of the Subcommittee may be held where one or more of the Subcommittee members is not physically present at the meeting, provided that all persons participating in the meeting are able to communicate with each other effectively, simultaneously and instantaneously, either by telephone or other form of communication.
A reporting mechanism must be put in place so that the Committee of Management meeting can be kept up to date with progress and so it can consider any proposals or recommendations from the Subcommittee.
The Co-operative remains responsible for all decisions made by the Subcommittee so Members must ensure there are systems in place for monitoring progress.
o) Job Descriptions All positions in the Co-operative will have a written Job Description which sets out the requirements, responsibilities and authorities of the role.
Job descriptions are drafted by the Membership and Education Officers and are approved by a Committee of Management meeting. All job descriptions will be reviewed by the Membership and Education Officers every two years.
The Secretary will hold a copy of the approved Job Descriptions. p) Duty of Care Duty of care is the legal obligation to provide reasonable care while performing any acts or making any omissions that could foreseeably harm others. All Members of the Co-operative have a duty of care to the Co-operative and to each other.
Members also have other legal and ethical obligations:
1. Duty to act in good faith and with care and diligence
17 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Members must exercise their powers and discharge their duties with the care and diligence of a ‘reasonable person’ in their position.
This means all Members are expected to do what they’d expect anyone else to do in their place - pay attention, do what they say they are going to do, read the papers and reports carefully, ask about anything they don't understand and ask about anything that doesn’t seem right.
In general terms Members will meet the duty of care and diligence if they:
make a decision to take, or not to take, action in good faith and for a proper purpose, and do not have any conflict of interest in the matter, and inform themselves about the matter to the extent they reasonably believe is appropriate, and reasonably believe that their judgement is in the Co-operative’s best interests.
Members holding Office Bearer or Coordinator positions are not allowed to interfere with other people’s roles, but they are entitled to take reasonable steps to satisfy themselves that the other Officers and Coordinators are managing their roles effectively.
2. Duty to act in the best interests of the organisation as a whole
Members can express their views giving consideration to a personal situation, but when the time comes to make a decision, they must act in the best interests of the whole Co-operative, not just in a way which best suits themselves.
3. Duty not to misuse information or misuse their position
Linked to the previous point, law prohibits Members from using their position to gain an advantage for themselves or another, or to cause detriment to the Co-operative. A breach of this law may carry civil or criminal penalties. A Member also must not misuse information gained through their position.
4. Duty to avoid/ disclose any relevant potential conflict of interest
A conflict of interest arises when a Member's duty to act in the best interests of the Co-operative is compromised by some other personal or professional interest - if there's a chance that the Member or someone close to them is going to benefit from a decision made by the Co-operative, the Co- operative needs to know about it before a decision is considered. See also Conflict of Interest.
5. Duty to maintain confidentiality
Members are not allowed to use confidential information for their own benefit and they are not allowed to pass confidential information on to anybody else. See also Confidentiality Policy.
6. Duty to observe the rules
Members and Tenants are bound by the Co-operative’s Rules and its Bylaws, Policies and Procedures.
7. Duty not to trade while insolvent
18 Being insolvent means that an organisation is unable to pay its debts as and when they fall due. Members would be breaching their duty of care if they allowed the Co-operative to incur a debt when a reasonable Member would have been aware that there were reasonable grounds for suspecting the Co-operative’s debts could not be paid as and when they fell due. In very serious cases, Members may be criminally liable which can mean a prison sentence. For this reason, Members are expected to ask that the Co-operative seeks legal or financial advice if they have any cause for concern.
8. Duty to avoid negligence, fraud and other wrongs
A Member must not engage in any activities which amount to fraud, negligence, default, breach of trust or breach of duty. q) Illegal Conduct It is illegal for any Member or Tenant to ask for money or favours or other benefits of any kind in exchange for helping another Tenant or Member with matters related to their tenancy or membership. It is also illegal to offer money or favours or other benefits of any kind to another Tenant or Member in exchange for helping someone else. The Co-operative will take action to terminate the tenancy or membership of anyone who has engaged in or sought to engage in corrupt or illegal conduct. r) Budget The draft Budget will be brought to a Committee of Management meeting by the Treasurer for the approval of the Members before it is submitted to CPG by 30th July each year.
The Treasurer will present the draft Budget for discussion at a Finance Subcommittee or Committee of Management (delete one) meeting. The Finance Subcommittee or Committee of Management (delete one) may accept the estimates as presented or may request variations, within the context of the Co-operative’s Strategic Plan.
The Treasurer will then revise the draft and present the amended draft Budget at the next available Committee of Management meeting, usually in April but no later than end of May. Once adopted by the Committee of Management, this becomes the official operating budget for the Co-operative for the following financial year and all members must work within the financial limits stated or implied by this document. s) Privacy The Co-operative is committed to maintaining the privacy of Registrants, Tenants and Members and will:
wherever possible, use an identifier number to uniquely identify Registrants, Tenants and Members for the purposes of managing the Co-operative’s tenancy operations only use or disclose information for the primary purpose for which it was collected or a directly related secondary purpose - for other uses the Co-operative will obtain consent from the person take reasonable steps to ensure the information the Co-operative collects is accurate, complete, up-to-date and relevant to the functions it or its service providers/subcontractors perform safeguard the information it collects and store against misuse, loss, unauthorised access and modification destroy records responsibly 19 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 ensure Members and Tenants have a right to seek access to information held about them and to make corrections if information is inaccurate, incomplete, misleading or not up-to-date. t) Confidentiality The Co-operative takes very seriously its responsibilities to keep personal information confidential.
The very nature of life in a Co-operative means that people are regularly put into situations where they will be exposed to personal information about Registrants, Tenants and Members.
Being ‘confidential’ means to keep other people’s business private. It is a responsibility of all Non Member Tenants and Tenant Members to make sure that any personal information they know about other people is not disclosed - unless there is proper reason to do so as part of the proper management of the Co-operative’s affairs – and even then only to the people who need to know.
All Non Member Tenants will be advised that the level of confidentiality they are expected to adhere to and that breach of confidentiality may result in membership being refused.
It is essential that all Members keep the information and records of the Co-operative confidential and secure.
The rules of confidentiality do not end when a Member leaves the Co-operative - the rule extends across the lifespan of the people involved outside of any time spent within the Co-operative as a Tenant or Member.
There are three instances when a breach of confidentiality is both expected and acceptable. These are:
if the Non Member Tenant or Tenant Member is involved in legal proceedings where they are required, by law, to divulge specific information if there is a threat of injury or harm to someone for the mandatory reporting of the abuse of children aged 18 years old and under or the abuse of any vulnerable person.
u) Bullying and Harassment The Co-operative seeks to protect the dignity and autonomy its members and tenants and to comply with the Equal Opportunity Act 1984. Bullying and harassing behaviour is based on the misuse of position or power and will not be tolerated by the Co-operative.
“Bullying” or “harassing” is repeated, unreasonable behaviour directed towards a person or group of persons. It includes behaviour that could be expected to intimidate, offend, degrade, humiliate, undermine or threaten.
It includes, but is not limited to:
verbal abuse humiliation through sarcasm, ignoring or belittling someone’s opinions constant criticism or insults improperly excluding Tenants or Members improperly withholding information from Tenants or Members 20 improperly refusing to respond to maintenance requests from Tenants or Members repeatedly giving a person the majority of an unpleasant or meaningless task repeatedly setting routines or procedures to inconvenience certain people spreading misinformation or malicious rumours displaying written or pictorial material which may degrade or offend certain Tenants or Members.
Repeated behaviour refers to the nature of the behaviour, not the specific form of that behaviour. Repeated unreasonable behaviour can be a pattern of diverse incidents.
There are bound to be occasional differences of opinion, conflicts and problems between tenants and members of the Co-operative. Only when the treatment of another person is unreasonable, offensive or harmful does bullying or harassing behaviour exist.
Where the Co-operative observes inappropriate behaviour it may need to act in order to ‘nip problems in the bud’. Behaviour that directly inflicts physical pain, harm, or humiliation amounts to assault and should be reported to Police.
The Co-operative strongly encourages any Tenant or Member who feels they have been bullied, or has witnessed bullying taking place, to take action by making it clear that such behaviour will not be tolerated and will be reported to the Dispute Resolution Officer. (In the event that the allegation relates to the Dispute Resolution Officer, the allegation should be reported to the Chairperson.) The allegations should be recorded using the Dispute Report Form.
Any reports of bullying or harassment will be treated seriously and promptly with sensitivity and complete confidentiality, remembering that:
the rules of natural justice require the accused party to have knowledge of the identity of the person making the complaint and the nature of the allegations made, and any disclosure is subject to the Co-operative’s Rules, Bylaws, Policies and Procedures, CPG’s Policies and State and Commonwealth laws.
The Co-operative wants allegations of bullying or harassment to be dealt with confidentially, promptly, fairly, impartially, seriously and sensitively.
While the Co-operative would prefer to deal with a complaint internally in the first instance, and is committed to doing so efficiently and sensitively, Tenants and Members have the right at any time to contact Tenant Information and Advocacy Service, CPG or the Equal Opportunity Commission or any advocacy organisation of their choice.
The Dispute Resolution Officer can, at any time on a confidential basis, seek internal advice from the Membership Officer or Chairperson (unless those people are the subject of the allegation). At any time the Dispute Resolution Officer can seek external expert advice (ie from the Equal Opportunity Commission) about how to proceed.
Allegations which, in the opinion of the Dispute Resolution Officer are frivolous, malicious or vexatious will not be pursued.
Only people directly involved in a complaint or in resolving it, can have access to information about it.
21 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Everyone involved in resolving a complaint will be told about the importance of confidentiality.
Any person who has been complained about has a right to know details of any allegations against them.
Both sides will have access to support or representation if they want or need it.
Both sides will get a chance to tell their side of the story.
Both sides have the right to be treated fairly, and to have the allegation heard by someone who acts fairly and in good faith. No one will make any assumptions or take any action until all relevant information has been collected and considered.
The Dispute Resolution Officer will investigate (or will ask an independent external party to investigate) all allegations before making a decision ‘on the balance of probabilities’.
Allegations of bullying or harassment must be substantiated before the matter is referred to the Membership Subcommittee to deal with according to the Breach of Membership Obligations Policy.
If there is not enough evidence to decide whether or not the alleged behaviour occurred, no remedial or disciplinary action will be taken.
If the Dispute Resolution Officer finds, on the basis of the available evidence, that a complaint is substantiated, they will recommend that the Membership Subcommittee take action according to the Breach of Membership Obligations on the basis that it is more likely than not that the alleged behaviour happened.
The Co-operative will take all necessary steps to make sure that people involved in a complaint are not victimised by anyone for coming forward with a complaint, or for helping to resolve it.
Any victimisation will treated as serious bullying and harassment.
Anyone who uses this policy maliciously or in bad faith may have their tenancy or membership terminated.
Records made in relation to any allegations of bullying or harassment will be securely stored by the Dispute Resolution Officer who will only make the records available to others on a need to know basis.
v) Managing Disputes and Complaints
The Co-operative understands that from time to time Members, Tenants or other people having contact with people from the Co-operative will have a complaint about someone else’s behaviour.
A complaint or dispute is defined as any aspect of behaviour or treatment that the person feels is unjust or unfair, or believes is otherwise unsatisfactory and should be addressed.
22 (If a Member is dissatisfied with a decision of the Co-operative they are encouraged to discuss the matter with the Chairperson or an external body who may be able to advise how the Member can request that the decision be reviewed. If the Member is still not satisfied, they are entitled to lodge an Appeal.)
The Co-operative wants complaints or disputes about behaviour approached using the following principles:
Friendly and timely responses – we seek an amicable and speedy resolution to issues. Sensitivity – we want both parties feelings to be considered and respected throughout the process. Fairness and impartiality – both parties must be given procedural fairness in any investigation. All sides of the story must be heard. In particularly difficult circumstances the Co-operative may appoint an external person to undertake the investigation to ensure a fair process. Confidentiality – only parties directly involved in the investigation of the complaint or those involved in making decisions about outcomes or actions should have access to information about the dispute. No victimisation - victimisation against someone making a complaint or anyone involved in attempting to resolve the complaint will not be tolerated by the Co-operative and is in breach of the Equal Opportunity Act 1984.
Steps to be taken
1. In the first instance, the person with the dispute should take up the matter with the person concerned as soon as possible after its occurrence and attempt to resolve the issue in an amicable way.
2. If the dispute cannot be satisfactorily resolved between the parties, the dispute should be reported to the Dispute Resolution Officer. (In the event that the dispute relates to Dispute Resolution Officer, the dispute should be reported to the Chairperson.) A summary of the dispute should be recorded using the Dispute Report Form.
3. Receipt of all written disputes will be logged in the confidential Dispute Register held by the Dispute Officer.
4. If the matter cannot be resolved following discussion with both parties (either separately or together) by the Dispute Resolution Officer, the Dispute Resolution Officer will seek confidential advice about how to proceed from the Membership Coordinator and/or the Chairperson (unless those people are the subject of the dispute).
5. If, after acting on that advice, the matter is still not resolved, the Dispute Resolution Officer will refer the parties to Community Mediation Services. The Co-operative expects that all parties will come to mediation in good faith and will use their best endeavours to resolve the dispute. 6. 7. If either party refuses to participate in mediation, the Dispute Resolution Officer will report this to the Membership Subcommittee who will decide what action will be taken.
Both parties have the right to be represented by an advocate or support person during this process.
23 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Disputes which, in the opinion of the Dispute Resolution Officer (or the Chairperson acting in that role), are frivolous, malicious or vexatious will not be pursued.
The outcome of the dispute resolution process will be noted on the Report Form by the Dispute Resolution Officer.
Records made in relation to any dispute will be securely stored by the Dispute Resolution Officer who will only make the records available to others on a need to know basis. w) Representation Representatives of the Co-operative can only be appointed by resolution of the Co-operative.
Representatives are expected to:
at all times conduct themselves in a manner which reflects well on the Co-operative at all times fairly represent the views or position of the Co-operative avoid damaging the reputation of the Co-operative or its Tenants or Members not discuss the specifics of the Co-operative’s affairs state when an opinion is their own and not the view or position of the Co-operative report back to the Co-operative on a regular basis. x) Health and Safety
Under the Work Health and Safety Act 2012 (SA), the Co-operative is a ‘Person Conducting a Business or Undertaking’ (PCBU) and therefore its primary duty is to ensure, so far as is reasonably practicable, that the health and safety of workers and other people is not put at risk from the conduct of the business or undertaking.
This duty requires the Co-operative to provide:
a safe work environment
safe equipment, plant and structures
safe systems of work
safe use and handling of plant and equipment, structures and substances
adequate facilities to support the welfare of workers (Co-operative members and others undertaking work on the Co-operative’s behalf)
information, training, instruction or supervision
monitoring of the health of workers and conditions at the workplace to prevent illness or injury of workers and other people.
Under the Work Health and Safety Act 2012 Act a person who makes or helps make decisions that affect the whole, or a substantial part, of a PCBU’s activities is an Officer. Members of the Co-
24 operative are Officers. (If a person is responsible only for implementing, not making those decisions, ie they are a Non Member Tenant, they are not considered an Officer.)
Officers must:
keep up to date with work health and safety issues exercise due diligence to ensure the PCBU’s health and safety duties are met.
An Officer must actively fulfil this duty and not assume that someone else has taken care of health and safety outcomes.
The PCBU’s duty is qualified by the words ‘so far as is reasonably practicable’. There are two elements to what is ‘reasonably practicable’. Officers must consider: what can be done – that is, what is possible in the circumstances for ensuring health and safety whether it is reasonable in the circumstances to do all that is possible.
Factors that may determine whether something is ‘reasonably practicable’ include: the likelihood of the hazard or the risk concerned occurring the degree of harm that might result from the hazard or the risk what the person concerned knows, or ought reasonably to know about the hazard/risk and ways of eliminating the hazard/risk the availability and suitability of ways to eliminate or minimise the risk the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk what influence and control can be applied.
In relation to Co-operative activities, everyone has a responsibility to:
take reasonable care to protect their own and others health and safety participating in Co- operative activities comply with instructions (e.g. Policies, Procedures and Safe Work Method Statements) issued to protect their own personal health and safety and the health and safety of others report potential hazards to the Co-operative as soon as possible report accidents, injuries and “near miss” incidents to the Co-operative as soon as possible after the event ensure that they are not, by the consumption of alcohol or a drug, in such a state as to endanger their own safety at or safety of any other person when participating in Co-operative activities.
Under the Work Health and Safety Act, contractors/subcontractors have certain duties, including:
provision and maintenance of a safe working environment provision and maintenance of safe systems of work provision and maintenance of plant and substances in a safe condition provision and maintenance of adequate facilities for the welfare of employees 25 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 provision of information, instruction, training and supervision which is necessary to ensure that each worker is safe from injury or risk to health; compliance with relevant Acts, Regulations, Standards and Approved Codes of Practice.
To ensure that these obligations are met, every contractor/subcontractors and their workers are bound to adhere to the requirement of the Act and specific safety standards.
Prior to the commencement of work on any Co-operative properties, every person/business on the Approved Tradespersons/Handypersons list shall provide to the Maintenance Subcommittee a copy of their:
Certificate of Registration of a Business Name Insurance certificates for Public Liability, Workers Compensation and Professional Indemnity Relevant licences Work Health and Safety Policy Completed Safe Work Method Statements for all tasks to be undertaken List of plant and equipment to taken on site Current electrical tagging and testing documents Safety Data Sheets for all hazardous substances List of Personal Protective Equipment.
y) Whistleblowers XYZ Housing Co-operative Inc. is committed to the highest standards of legal, ethical and moral behaviour. XYZ Housing Co-operative Inc. recognises that our members and some of our tenants are involved in critical aspects of managing the organisation and may come to realise there may be something seriously wrong. However they may not wish to speak up for fear of appearing disloyal or may be concerned about being victimised or subject to other retaliation if they report their concerns.
No person should be personally disadvantaged for reporting a wrongdoing. Not only is it illegal but it directly opposes our Code of Conduct and our Code of Governance.
We are committed to maintaining an environment where legitimate concerns are able to be reported without fear of retaliatory action or retribution.
Any member, tenant, contractor or service provider that detects, or has reasonable grounds for suspecting wrongdoing, is encouraged to raise their concerns with the Chairperson and seek advice on the best way to proceed. If the concern is about the Chairperson, the person should contact any member of the Management Committee who will raise the concern with the Treasurer and or Secretary and seek advice on the best way to proceed.
When a person raises a concern they are entitled to expect that:
their identity remains confidential to the extent permitted by law or is practical in the circumstances
they will be protected from reprisal, harassment or victimisation for making the report.
Should retaliation occur for having made the disclosure then XYZ Housing Co-operative Inc. will
26 treat it as a breach of the Code of Conduct.
A person considering making a whistleblower report is obliged to act in good faith and have reasonable grounds for believing their concern is about reportable wrongdoing.
Unsubstantiated allegations which are found to have been made maliciously, or knowingly to be false, will be treated as breach of the Code of Conduct.
A Whistleblower must provide information to assist any inquiry/investigation of the wrongdoing disclosed.
Even though a Whistleblower may be implicated in the wrongdoing they must not be subjected to any actual or threatened retaliatory action or victimisation in reprisal for making a report under this policy.
Making a report may not protect the Whistleblower from the consequences flowing from involvement in the wrongdoing itself. A person’s responsibility for their own conduct is not affected by their reporting of that conduct under this policy. However, active cooperation in the investigation, an admission and remorse may be taken into account when considering disciplinary or other action.
When a report is investigated it may be necessary to reveal its substance to people such as members of the Management Committee, any external persons involved in the investigation process and, in appropriate circumstances, law enforcement agencies.
At some point in time it may also be necessary to disclose the fact and the substance of a report to a person who may be the subject of the report. Although confidentiality is maintained, in some circumstances, the source of the reported issue may be obvious to a person who is the subject of a report.
We will also take reasonable precautions to store any records relating to a report of wrongdoing securely and to permit access by authorised persons only.
Unauthorised disclosure of information relating to a report, the identity of a person that has made a report of wrongdoing or information from which the identity of the reporting person could be inferred will be treated as breach of the Code of Conduct.
z) Delegated Authorities
The Management Committee is responsible for the proper and effective management of the XYZ Housing Co-operative Inc.
‘Delegated authority’ means that the person to whom the authority is delegated can act on behalf of the Management Committee. The action or decision still belongs to the Management Committee – ‘delegated’ means ‘granted at the pleasure of the Management Committee’.
A delegation of authority does not mean a delegation of responsibility.
Delegation of authority is intended to achieve four objectives: 27 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 1. to ensure the efficiency and effectiveness of the organisation’s administrative processes 2. to ensure that the appropriate Subcommittees, Office Bearers and Coordinators have been provided with the level of authority necessary to fulfil their responsibilities 3. to ensure that delegated authority is exercised by the most appropriate and best-informed individuals within the organisation; and 4. to ensure internal controls are effective.
The use of delegated authorities makes it possible for many routine matters of management to be acted on promptly and allows the Management Committee to concentrate on complex and important decisions instead of time being taken up on everyday operational matters.
The Management Committee may delegate functions to: a member or members of the Management Committee; and a Subcommittee of the Management Committee; and Office Bearers or Coordinators; and external Service Providers.
Delegations can only be made and exercised within the framework of the relevant Acts and Regulations, the organisation’ Rules, Policies and any external legal or contractual requirements.
This policy should be read in conjunction with the organisation’s Rules, Policies, Job Descriptions, Terms of Reference and the Risk Management Plan.
Under the Associations Incorporation Act 1985 and its Rules the Management Committee can delegate any of its functions except: a) the power of delegation, and b) any functions reserved to the Management Committee under the Act.
Other responsibilities of the Management Committee that cannot be delegated to any other person or body include: Compliance monitoring – ensuring compliance with the objects, purposes and values of the organisation, and with its Rules Organisational governance – setting or approving policies, plans and budgets to achieve those objectives, and monitoring performance against them Strategic planning – reviewing and approving the strategic direction and initiatives Regulatory monitoring – ensuring that the organisation complies with all relevant laws, regulations and regulatory requirements Financial monitoring – reviewing the organisation’s budget, monitoring management and financial performance to ensure the solvency, financial strength and good performance of the organisation Financial reporting – considering and approving annual financial statements and required reports to government Organisational structure – setting and maintaining a framework of delegation and internal control Risk management – reviewing and monitoring the effectiveness of risk management; agreeing or ratifying all policies and decisions on matters which might create significant risk to the organisation 28 Dispute management – dealing with and managing disputes that may arise within the organisation, including disputes arising between Management Committee members other members and tenants. Specifically, the Management Committee may not delegate its power to: adopt the Organisation Chart adopt the Strategic Plan; or adopt the Annual Budget; or adopt the Risk Management Plan.
The Management Committee maintains a list of delegated authorities within this Policy. The list is reviewed, amended if necessary and then approved each year at the Management Committee meeting following the AGM.
Activity Management Subcommittee Officer Bearer Service Committee or Coordinator Provider
29 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Activity Management Subcommittee Officer Bearer Service Committee or Coordinator Provider
aa) Risk Management
Risk and opportunity go hand in hand. Many projects or activities undertaken by the XYZ Housing Inc. intend to offer or achieve something that hasn’t been done before. Progress cannot always be achieved without sometimes taking risk.
Risk in itself is not bad. Sometimes risk is essential to progress and failure is often a valuable part of learning. We will strive to balance the possible negative consequences of risk against the potential benefits of any proposal, decision or action.
The purpose of risk management is to achieve:
better governance pro-active rather than re-active management better information for decision making better identification of opportunities and threats a clear understanding by all members of their roles, responsibilities and authorities for managing risk more effective allocation and use of resources improved stakeholder confidence and trust improved compliance with relevant legislation the development of a more risk aware organisational culture through improved communication and reporting of risk.
We recognise that risk management must respond to change. As internal and external events occur, context and knowledge changes, monitoring and review of risks takes place, and new risks emerge, some risks change and others disappear.
We define risk as the effect of uncertainty on our objectives.
We define risk management as coordinated activities to direct and control risk. 30 Our Risk Management Framework is a set of components that provide the foundations and internal arrangements for designing, implementing, monitoring, reviewing and continually improving risk management throughout the organisation (AS NZS ISO 31000:2009).
Risk Assessment is the part of the risk management process that includes the following three components:
1. Risk Identification – process of finding, recognising and describing risks;
2. Risk Analysis – Involves developing an understanding of the risk including their causes and sources and the likelihood and consequences should the risk occur; and
3. Risk Evaluation – Assists in making decisions about risk priorities and treatments following the risk analysis.
Risk Monitoring and Review involves continually reviewing the overall risk management process to ensure that controls are effective, new information is gathered, latest changes and trends are identified, successes and failures are recorded, lessons are learned, changes in internal and external context are detected and emerging risks are addressed.
Risk Management applies to a wide range of our activities, including strategies and decisions, operations, processes, functions, projects, services and assets.
The Management Committee and others who are making decisions and carrying out tasks have a responsibility to identify situations where someone or something might be at risk of harm or loss. They must then take or recommend reasonable action to avoid, reduce, transfer or accept those risks.
Reasonable action will be that which would be considered reasonable for a similar organisation to take, considering the:
legal requirements
nature and severity of the risk
knowledge of the severity of risk
knowledge of controls and solutions
availability of controls and solutions, and
cost of controls and solutions.
Our decisions and practices must comply with the requirements of relevant legislation, regulations, codes of practice and standards. Such legislative requirements will be adopted as the minimum standard to prevent loss or harm.
31 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 XYZ Housing Inc. will have a Risk Management Plan which must be approved at least once each year by the Management Committee and reviewed regularly by the Subcommittees and Office Bearers. Reviews are expected to ensure that:
new risks are identified and considered as they arise
existing risks are monitored to identify any changes which may impact on the organisation
existing risk controls are still in place and working effectively
new risk controls are being implemented according to the Risk Management Plan
information about risks is adequately communicated to the appropriate people, in particular the Management Committee.
The following list sets out gives a list in order our preference on how we manage risk:
1. Avoid the risk by deciding not to start or continue with the activity that gives rise to the risk
2. Accept the risk in order to pursue an opportunity
3. Remove the risk source
4. Change the likelihood
5. Change the consequences
6. Share the risk with another party or parties
7. Retain the risk by informed decision.
The following tables and diagrams describe our risk management framework.
Table 1 – Risk Likelihood and Consequence Matrix
Risk Likelihood
Rating Likelihood Probability / Frequency 5 Almost Certain Expected to occur in most circumstances – more than once per year 4 Likely Will probably occur in most circumstances – once per year 3 Possible Should occur at some time – at least once every three years 2 Unlikely Could occur at some time – once every ten years 1 Rare Will only occur in exceptional circumstances
Risk Consequence
Rating Consequence Impact 5 Catastrophic Registration as Community Housing Provider is threatened, survival of organisation is threatened, legislative obligations are not met, long term damage to reputation, risk to life 4 Major Long term interruption to major structures or systems, intervention or investigation by external authorities, significant financial impact, serious illness/injury. 32 Risk Likelihood
Rating Likelihood Probability / Frequency 3 Medium Major systems interrupted, moderate financial impact 2 Minor Non-major systems are interrupted, low financial impact, some member or tenant inconvenience 1 Insignificant Insignificant impact on systems, members and tenants
Risk analysis is an assessment of risks based on a combination of the likelihood of the risk occurring and the severity of the consequences. Risk = Likelihood x Consequence (R = L x C).
Table 2 – Risk Level and Assessment Matrix
Li Almost 5 10 15 20 25 k Certain 5 el Likely 4 4 8 12 16 20 ih Possible 3 3 6 9 12 15 o Unlikely 2 2 4 6 8 10 o Rare 1 1 2 3 4 5 d ( L ) Insignificant Minor 2 Medium 3 Major 4 Catastrophic 1 5 Consequence (C)
Risk is then rated.
Table 3 – Overall Risk Rating
Overall Risk Rating Rating Description 1-5 Low 6-12 Moderate 13-19 High 20-15 Extreme
Risk must then be assessed.
Table 4 – Risk Assessment
Extreme Immediate action required Not acceptable. Likely to Risk threaten the survival or 33 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 continued effective functioning of the organisation. Immediate action required. Must be managed by Management Committee with a detailed treatment plan reported to the Management Committee members every week. High Risk Action must be planned and Generally not acceptable. implemented Likely to cause some damage, disruption or breach of controls. Management Committee attention needed. Treatment plans to be developed and reported to the Management Committee every meeting. Moderate Risk management Acceptable. Risk responsibility must be Unlikely to cause much damage specified and/or threaten the efficiency and effectiveness of the organisation. Treatment plans to be developed and implemented by the relevant Office Bearer, Coordinator or Subcommittee. Manage by specific monitoring or response procedures. Low Risk Risk managed by routine Acceptable. procedures Unlikely to require specific application of resources. Manage by routine procedures. Monitor and review.
Risk analysis is best done by the group of people who have a good understanding of the tasks and objectives of the area being analysed. Usually this will be by a Coordinator or Subcommittee. The following steps should be taken at least once each year and whenever a new activity is proposed.
Identify 1. Identify the Risks – list all the things that might inhibit the organisation’s ability to meet its objectives.
Analyse 2. Establish the Likelihood and Consequence Ratings.
3. Using the Qualitative Risk Analysis Matrix, assign a Risk Rating.
Evaluate 4. Identify the Controls – identify all the things (Existing Controls) that the organisation has in place that are aimed at reducing the Likelihood of the risks from happening in the first place
34 and, if they do happen, what the organisation has in place to reduce their impact (Consequences).
Treat 5. Add Controls – generally speaking, any risk that is rated as Major or Catastrophic should have additional controls applied to it in order to reduce it to an acceptable level. What the appropriate additional controls might be, whether they can be resourced, what priority might be placed on them etc. must be determined by the Coordinator/Subcommittee in consultation with the Management Committee.
6. Make a Decision – once the above process is complete, if there are still some risks that are rated as Major or Catastrophic, a decision has to be made as to whether the activity will go ahead. There will be occasions when the risks are higher than preferred but there may be nothing more that can be done to minimise that risk ie. They are out of the control of the organisation but the activity must still be carried out. In such situations, monitoring the circumstances and regular review is essential.
7. Assign Responsibility for monitoring the risk and the controls.
Monitor 8. Monitor and Review – our Risk Management Plan must be reviewed and updated by the Subcommittee and then reviewed, updated and approved at least once each year by the Management Committee.
ab) MANAGEMENT SYSTEMS Reference
Residential Tenancies Act 1995 South Australian Co-operative and Community Housing Act 1991 National Community Housing Standards 2010 Co-operative’s Rules and Bylaws Co-operative/CPG Funding Agreement
ac) Computers Members who have been provided with a computer belonging to the Co-operative may use that computer only for Co-operative related activities.
Members may not use or allow the computer to be used to:
create or exchange messages that are offensive, harassing, obscene or threatening visit web sites containing objectionable (including pornographic) or criminal material exchange any confidential or sensitive information held by the Co-operative (unless in the proper course of their duties) create, store or exchange information in violation of copyright laws (including the uploading or downloading of commercial software, games, music or movies) 35 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 use internet-enabled activities such as gambling, gaming, conducting a business or conducting illegal activities create or exchange advertisements, solicitations, chain letters and other unsolicited or unauthorised bulk email.
No additional software (other than that required to operate printers) can be loaded onto the computer without the approval of XXXX.
The member must promptly hand the computer and all software and peripherals back to the Co- operative or on to the next Office Bearer/Coordinator when they no longer hold the role to which the computer relates. ad) Contact Details Every Non Member Tenant and Member Tenant is required to advise the Secretary of any changes to their email, post or telephone contact details or Emergency Contact within 5 business days of the change. ae) Official Correspondence Official correspondence from the Co-operative to Non Member Tenants and Member Tenants will be sent in the following ways:
Tenancy related forms and letters – by ordinary post or by hand as allowed by the Residential Tenancies Act.
Membership related forms and letters – by ordinary post.
Notices, Agendas, Reports and Minutes for Annual, Special and Committee of Management meetings – by ordinary post or email (with proper notification in the ‘subject’ line).
Notices, Agendas, Reports and Minutes for Subcommittee Meetings – by email (with proper notification in the ‘subject’ line). af) Service Providers The Co-operative will formalise agreements with Service Providers in writing. Each agreement will specify, at minimum, the:
start date of the agreement work to be undertaken frequency and nature of reports to be provided Liaison Person/s from the Co-operative Statement required for NRSCH “The Primary Registrar for the National Regulatory System for Community Housing is allowed to access documentation relating the arrangement and the service provider must co-operate with the Registrar in relation to the Registrar carrying out its regulatory functions under the National Law as if the Service Provider were a registered community housing provider.” process for dealing with a dispute or complaint cost structure end date of the agreement (standard is two years).
36 Agreements will be reviewed at a Committee of Management meeting three months before the conclusion of the agreement. Renewal of the agreement is not automatic. ag) Asset Register The Secretary shall be responsible for maintaining the Asset Register which shall include the following information:
description of the asset date of purchase model and serial number warranty information current location current custodian condition at the time of change of custodian reason for disposal date of disposal method of disposal.
The Secretary shall also hold the Log Book/Asset Register for electrical equipment owned by the Co-operative and shall organise testing and tagging as required. ah) Personal Information Personal information is defined by the Privacy Act 1988 as information which directly or indirectly identifies a person.
Personal information about Registrants, Tenants, Visitors, Extra Persons or Caretakers is necessary for the Co-operative to verify a person’s identity, eligibility or suitability, to process and evaluate applications and to manage tenancies and membership.
The Co-operative is committed to maintaining the privacy of personal information about Registrants, Tenants, Visitors, Extra Persons or Caretakers and will:
wherever appropriate, use an identifier number to uniquely identify people for the purposes of managing the Co-operative’s affairs only use or disclose information for the primary purpose for which it was collected or a directly related secondary purpose - for other uses the Co-operative will obtain consent from the person take reasonable steps to ensure the information we collect is accurate, complete, up-to-date, and relevant to the functions it or contractors perform safeguard the information it collects and store against misuse, loss, unauthorised access and modification destroy records responsibly acknowledge that Registrants, Tenants, Members, Visitors, Extra Persons or Caretakers have a right to seek access to information held about them and to make corrections if information is inaccurate, incomplete, misleading or not up-to-date.
In order to assess an application the relevant Coordinator or someone acting on their behalf may provide personal information to:
• referees to validate information supplied in an application 37 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 • the Tenancy or Membership Subcommittee.
Certain personal information may also be provided to:
• tradespeople to contact Tenants for repairs and maintenance of the property • Debt Collection Agencies, Credit Providers and related persons to enable them to contact or locate a Tenant or former Tenant • CPG • the Co-operative’s insurer in the event of an insurance claim • future rental references to other landlords.
If a Registrant, Tenant, Member, Visitor, Extra Person or Caretaker fails to provide the required personal information or does not consent to the uses set out above the Co-operative cannot properly manage its risks and responsibilities and entitlements, applications or requests will be refused.
If a Tenant or Member fails to comply with their tenancy or membership obligations and/or any of the Co-operative’s Rules, Bylaws or Policies, other relevant personal information collected about the person may also be provided to the Consumer and Business Services, Advice and Conciliation Branch or Housing Appeal Panel or other relevant authorities.
Under Freedom of Information laws, all Non Member Tenants and Member Tenants have the right to see the records which relate to their own tenancy or membership.
This enables a Tenant or Member to correct any factual information which may be inaccurate or out of date. These records are not to be removed from the safekeeping of the Co-operative.
ai) Use of private vehicles
The Co-operative is committed to ensuring that, wherever a private vehicle is used for Co-operative related purposes (ie carrying out the tasks according to their appointed role), the occupants are adequately protected from injury.
The driver of the private vehicle must hold a current South Australian motor vehicle drivers’ licence of the correct class for the vehicle being driven and the number of passengers being transported.
Private motor vehicles that are to be used for Co-operative related travel must be maintained in roadworthy condition and registered at all times.
The Member or Non Member Tenant is responsible for any uninsured claims or loss whether at fault or not.
Any motor vehicle use paid will be based on reimbursement of the Australian Taxation Office’s rate per work-related kilometre.
Members and Non Member Tenants who are required to use their own vehicles for Co-operative related purposes will be required to keep a log book in order to claim reimbursements for the rate per kilometre.
38 The driver of the private vehicle is responsible for paying all traffic and parking fines incurred in the course of Co-operative related travel.
Drivers must not drive a private vehicle on Co-operative related business if their blood alcohol level is above the legal limit, they are under the influence of illegal drugs or they are taking medication that cautions against driving.
aj) Finance The Committee of Management is responsible for monitoring and managing the short, medium and long term financial viability of the Co-operative. This means: complying with financial legal obligations knowing what income to expect knowing what expenditure to expect deciding where the Co-operative’s funds will be held setting the budget monitoring expenditure keeping proper records explaining where the Co-operative funds have been spent identify and managing financial risks making sound short, medium and long term financial decisions based on the above information.
The Co-operative will have a Treasurer and Finance Subcommittee who work together to plan, manage and report on the management of the Co-operative’s finances in the context of the legal obligations and Strategic Plan. The Co-operative may choose to engage a service provider to assist with this work.
The Treasurer and Finance Subcommittee have the authority to establish procedures and checklists to manage the Co-operative’s financial affairs. Finance Reports The Treasurer will provide to each Committee of Management meeting the monthly Balance Sheet (which will show Income and Expenditure) accompanied by relevant notes to be circulated with the Agenda.
The Treasurer will provide to the Annual General Meeting a written Treasurer’s Report to be included in the Co-operative’s Annual Report. The Treasurer’s Report will be accompanied by a Budget Comparison and the Audited Financial Statements.
Reports will draw attention to where actual income or expenditure differs from expected income and expenditure and will highlight other changes or opportunities which may affect the financial viability of the Co-operative.
At any meeting the Treasurer must be able to answer questions from Members such as: Are there any unbudgeted or unusual expenses? What is the cash balance and are there any cash-flow problems? Are we meeting our financial commitments on time - for example GST, capital contributions, solar panel payments. Are we having to dip into reserves or restricted funds? 39 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Are we relying on credit too much? Is the Committee’s approval needed for any major purchases? Are we owed money? If so, who is chasing this up? Auditor’s Report Each year at the Annual General Meeting the Co-operative will select an Auditor who will examine the financial records of the Co-operative and assess whether or not they give a true and accurate picture of the Co-operative’s financial situation for that financial year. The Audited Financial Statements will be provided to the members at the next Annual General Meeting.
Bank Authorisations All payments must contain two eligible signatures. Eligible signatories are the Treasurer and two other Members and the Service Provider as previously nominated and endorsed by the Co- operative.
Each payment must be authorised by at least one of the Treasurer or the Service Provider.
Signatories cannot authorise payments to themselves.
Electronic Funds Transfer (EFT) – EFT is the Co-operative’s preferred payment method. Payments can be initiated by the Treasurer or the Service Provider and must be approved by one other of the Authorised Persons registered with the bank.
Cheques - Blank cheques will not signed. All details on the cheque form must be filled in before signature. Cash cheques will only be issued for replenishment of Petty Cash.
A list of all cheques issued each month stating the amount, recipient, signatories and explanation will be provided to the Treasurer by the Service Provider. Procurement Procurement refers to the overall process of acquiring goods or services.
The Co-operative aims to establish a cost conscious culture where decisions will be made by taking account of price, quality, time and sustainability in order to achieve overall best value. The Co- operative also recognises that small and local providers may provide added value.
The Co-operative aims to establish a cost conscious culture where decisions will be made by taking account of price, quality, time and sustainability in order to achieve overall best value. The Co- operative also recognises that small and local providers may provide added value.
All Members involved in procurement will behave in a professional manner in accordance with the Code of Conduct. They will treat all contractors, consultants and suppliers equally and report any conflicts of interest and breaches of procurement procedures.
Expenditure must be accurately recorded and so all expenditure must be directly linked to an item in the Budget or the Summary Maintenance Plan.
Expenditure may only be authorised by Members or Service Providers to whom appropriate authority has been delegated and only on specified items only and within the stated financial limits.
40 The Co-operative will monitor the performance of its contractors, consultants and suppliers to ensure that contracts are performed in accordance with the requirements set out in the contract documents and that goods or services are provided to the required standards.
Office Bearers, Coordinators and Subcommittees can accept quotes and initiate purchases set out in the approved Budget or Summary Maintenance Plan and in accordance with the authority set out in their approved Terms of Reference, provided the variance is less than 5% on purchases up to $10,000. Variances greater than this must be approved by the Committee of Management, or with their approval, by the Treasurer.
Requests for purchases outside the Budget and Summary Maintenance Plan must be approved by the Committee of Management.
The following procedures will apply to all purchases:
Expected Value of Purchase - under $1,000 1. Obtain at least 3 costings/quotes from preferred or local suppliers. 2. Evaluate the costings/quotes, make a decision and proceed with the purchase.
Expected Value of Purchase: $1,000 - $5,000 1. Obtain at least 3 verifiable costings/quotes from preferred or local suppliers. 2. Make a record of the costings/quotes. 3. Evaluate the costings/quotes and make a decision (or take costings/quotes to the decision making body).
Expected Value of Purchase: Above $5,000 - $20,000 1. Obtain at least 3 written costings/quotes from genuine competitors (unless it is not possible to obtain 3 costings/quotes after genuine effort has been made to do so). 2. Evaluate the costings/quotes, make the decision (or take the information to the decision making body) and document in the monthly report the reason for selecting the successful offer. 3. The Office Bearer or Coordinator must give written notice to the successful supplier via email, letter or purchase order.
Expected Value of Purchase: $20,000+ 1. Develop documentation suitable for obtaining written quotes from potential suppliers. 2. Contact preferred and local suppliers to inform them of the opportunity to quote. 3. Obtain at least 3 written costings/quotes from genuine competitors (unless it is not possible to obtain 3 quotes after genuine effort has been made to do so). 4. Evaluate the costings/quotes, take offers to the Committee of Management for discussion and approval and document in the minutes of the meeting the reason for selecting the successful offer. 5. The Office Bearer or Coordinator must give written notice to the successful supplier via email, letter or purchase order. Payments Applications for reimbursements or invoices and supporting documentation are to be sent to the Treasurer for payment.
41 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Payment will be processed when: (a) a tax invoice has been presented which describes the goods or services supplied (b) the invoice has been authorised for payment by the relevant Office Bearer or Coordinator who has verified that the goods or services have been received in accordance with the purchase arrangements (c) the prices charged are fair and reasonable (d) the calculations are correct, or when; (e) a correctly completed Application for Reimbursement has been provided.
Invoices will be processed for payment on a fortnightly basis by the Service Provider and verified by the Treasurer.
In no circumstances will third party payments be made. Reimbursements Members or Non Member Tenants may on occasion be required to pay out of their own pockets for incidental expenses associated with carrying out their role or for small incidental items related to their property which are the responsibility of the landlord. The Co-operative will reimburse these expenses provided the expenses are reasonable and authorised.
Authorised expenses include: public transport tickets or rate per kilometre for Co-operative related business telephone calls for Co-operative related business stamps and postage for Co-operative related business stationery for Co-operative related business refreshments for Co-operative meetings batteries for smoke alarms.
Reimbursement of reasonable but unauthorised expenses may be made at the discretion of the Treasurer in exceptional circumstances only.
Members and Non Member Tenants incurring authorised expenditure must, wherever reasonably possible, receive, retain and provide to the Treasurer receipts, logbook extracts, invoices, tickets or other evidence of such expenditure.
Petty Cash The petty cash float is an advance of money that is expended and replenished periodically. A petty cash float is established to accommodate minor items of expenditure that are paid for in cash because: it is uneconomical to draw a cheque; or it is for an amount less than the minimum required for a electronic bank transfer; or a transaction credit card is not available or is not accepted.
A petty cash float can also be established to streamline the process of: reimbursing Members for small purchases such as stationery and very minor maintenance items supplies for official Co-operative functions, which are unanticipated, of low value, and which previously have been outlaid out of an Member or Non Member’s personal finances 42 The purpose for which petty cash is used must relate to the official business of the Co-operative.
The establishment of a petty cash float, and any subsequent increases or decreases to the amount of the float is to be approved by the Committee of Management.
Unless the Committee of Management chooses to appoint a different person, the Treasurer will be the Petty Cash Officer and is therefore responsible for the administration of the float and the safekeeping of the cash on hand.
Individual items of expenditure from petty cash are not to exceed $100 per claim. Receipts must not be 'split' merely to avoid organising a cheque or electronic funds transfer payment.
When applying for a petty cash reimbursement the following must be provided to the Treasurer: a completed standard petty cash voucher a valid receipt or invoice outlining the goods or services purchased.
Claims for petty cash must be completed regularly and not held for bulk reimbursement.
Petty cash can be claimed without prior approval provided: the Petty Cash Officer is satisfied it meets the requirements of an official expense, and the claim is supported by a receipt or invoice.
The petty cash float is to be reconciled at least monthly and whenever the responsibility for the float is transferred between Treasurers (or between anyone else appointed by the Committee of Management to act as the Petty Cash Officer and the Treasurer). Any cash shortages identified are to be noted in the finance report. The Petty Cash Officer should be made aware that if there is a loss they are responsible.
Cash advances should only be made only for specific, Co-operative related purposes and must be spent within 7 days.
Transaction Cards (Store Cards or Credit Cards) The use of transaction cards is a major convenience for the Co-operative and its members and can, if properly managed, contribute to easier and more secure accounting of expenses, provided the Co- operative has controls in place to guard against any possible abuse of the cards.
Transaction cards held by the Co-operative, including those held in the name of a member or service provider on behalf of the Co-operative, will only be used for those activities that are a direct consequence of the cardholders’ function within the Co-operative. Any use of the card inconsistent with this policy and these procedures will be considered a breach of the Code of Conduct.
Transaction cards may only be issued by the Committee of Management to a member or service provider where their functions and duties would be enhanced by their use.
Once approved, every card-holder will be named on the Co-operative Financial Transaction Card List. The list shall be held by the Treasurer. Expenditure limits shall be set for each card by the Committee of Management.
43 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Each transaction card will be issued to a specific person, who, by accepting the card and signing the Transaction Card Form, agrees that they will remain personally accountable for the use of the card.
Only the authorised signatory may use the card. No more than one card shall be issued per cardholder.
Where doubt exists as to whether or not an item is appropriate, prior authorisation should be obtained from the Treasurer, or in the case of a card held by the Treasurer, by the Committee of Management.
The Cardholder shall: in all cases obtain and retain sufficient supporting documentation to validate the expense (e.g. tax invoice) or shall provide a statutory declaration. provide statements and other supporting documentation when asked by the Treasurer review the monthly statement for inaccuracies and report these to the Treasurer verify that that goods and services listed were received sign the monthly statement whenever asked by the Treasurer to verify that the transactions were made for official purposes notify the bank /store and the Treasurer immediately if: o the card is lost or stolen; and/or o any unauthorised transaction is detected or suspected notify the Treasurer and the bank/store of any change in name or contact details take adequate steps to ensure the security of the card return the card to the Treasurer if: o the cardholder is no longer in the role o the Committee of Management decided that there is no longer a need for the cardholder to have the card o the card has been cancelled by the bank/store. be personally liable for any unauthorised transaction unless the card is lost, stolen or subject to fraud on some part of a third party.
The Cardholder shall not: exceed any maximum limits set for the card from time to time obtain cash advances through the card use the card for any illegal or dubious purchases claim double allowances (ie. request reimbursement for an expense already paid by the card).
The use of a transaction card for “services of a dubious nature” is expressly prohibited. Services of a dubious nature” are defined as any goods or services that might bring the name of the Co- operative into disrepute.
44 Wherever a breach in this policy occurs, the Treasurer (or, in the case of the Treasurer, the Committee of Management) must assess the nature of the breach and, if significant, report the breach to the police for criminal investigation or, if lesser in nature, treat the matter as a breach of the Code of Conduct. If the dollar value is an amount is greater than $1000, the card shall be immediately withdrawn. At the next Committee of Management meeting the Treasurer (or in the case of the Treasurer breaching the policy, the Chairperson) shall report: the investigation of the circumstances of the breach police reports and action (if any) disciplinary action taken (if any). Surplus Funds The Co-operative will invest its surplus funds (those not immediately required for operational purposes) in banks, credit unions or building societies which are regulated by the Australian Prudential Regulation Authority.
All investment decisions must be evaluated in the context of the investment portfolio as a whole and as a part of an overall investment strategy with ‘risk and return’ objectives which are reasonably suited to the needs of the Co-operative.
Decisions to establish or close accounts must be made by the Committee of Management, based on recommendations from the Finance Subcommittee. Other decisions can be made by the Finance Subcommittee and will be reported to the Committee of Management at the next meeting. Fraud Risk Management The Co-operative must establish proper controls to protect itself against:
internal fraud including theft or misuse of tangible assets (funds and equipment) by members or tenants, theft or misuse of intellectual property or other confidential information (including health, rent and personal records), financial reporting fraud, release or use of misleading information for the purposes of deceiving, misleading or to hide wrongdoing, false invoicing, credit card and other payments fraud, receiving bribes or improper payments and misuse of position by members in order to gain some form of financial or non-financial benefit (corruption).
external fraud including members or tenants or others deliberately claiming benefits they are knowingly not eligible for, external suppliers, contractors or service providers making claims for goods or services that were not provided and individuals or businesses intentionally evading payment of monies owed.
When developing policies, systems and processes, members are expected to ask themselves: how might a fraudster exploit weaknesses in our systems of controls? how could a fraudster override or circumvent our system of controls? what could a fraudster do to conceal their fraud?
Any suspicion of fraud must be acted on. Wherever a breach in this policy occurs, the Treasurer (or, in the case of the Treasurer, the Committee of Management) must assess the nature of the breach and, if significant, report the breach to the police for criminal investigation or, if lesser in nature, treat the matter as a breach of the Code of Conduct.
45 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 At the next Committee of Management meeting the Treasurer (or in the case of the Treasurer breaching the policy, the Chairperson) shall report: the investigation of the circumstances of the breach police reports and action (if any) disciplinary action taken (if any).
46 ak) TENANCY MANAGEMENT Reference
Residential Tenancies Act 1995 South Australian Co-operative and Community Housing Act 1991 National Community Housing Standards 2010 Co-operative/CPG Funding Agreement Co-operative’s Tenant Selection Bylaw CPG’s Eligibility Policy CPG’s CHCR Policy Other CPG Policies on website al) Complying with the Tenancy Agreement The Tenancy Agreement is a legal document that sets out the rights and responsibilities of both the Tenant and the Co-operative. This means the Tenant and the Co-operative are both required by law to comply with the Tenancy Agreement.
Being a Tenant of a Co-operative involves being part of a self managed community organisation, which requires working co-operatively with people of different experiences, skills, interests, backgrounds and cultures. Everyone needs to work co-operatively together to ensure the Co- operative is a strong and properly managed organisation so that it can continue to provide safe, secure and affordable housing into the future. am) Tenant’s Rights and Responsibilities Tenant’s Rights As a Tenant of a registered Housing Co-operative, each Tenant has the right to:
• be treated fairly and respectfully in all decisions and dealings with the Co-operative. • be informed of all decisions that the Co-operative makes about them • be given a copy of the Tenancy Agreement, the Tenants Information Brochure, the Key Shadow and the incoming tenant Inspection Sheet • have their Tenancy Agreement explained to them by a member of the Tenancy Subcommittee, including the rent management system, what happens if they don’t pay their rent on time and what will happen if they breach the Tenancy Agreement • have ready access to the Co-operative’s Rules, Bylaws, Policies and Forms to maintain their tenancy • be notified when the Co-operative’s Rules, Bylaws, Policies and Forms change • ask for someone to act on their behalf (an Advocate) when dealing with the Co-operative as the Landlord • ask for an interpreter if they need one • ask for advice from the Tenants Information and Advocacy Service (TIAS) or other services • ask for a review of a decision about their tenancy • raise concerns with the Co-operative or other relevant authorities about matters related to their tenancy.
47 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Tenant’s Responsibilities A Tenant of a registered Housing Co-operative has certain responsibilities for their behaviour and for their home. Every Tenant must:
• meet all their financial responsibilities, including paying rent, levies and water use charges in full and on time as set out in the Tenancy Agreement • notify the Co-operative of changes to their household income • clean and look after the property (including the outside areas) to a reasonable standard • read and comply with the Co-operative’s Rules, Bylaws and Policies • stay informed about changes to the Co-operative’s bylaws, policies and procedures • notify the Co-operative as soon as possible if any repairs are needed • co-operate in relation to inspections and the access for repairs etc. • get the Co-operative’s permission before making additions or alterations to the property • look after the security of the property, including advising the Co-operative if there are any issues with locks or smoke alarms • treat the Members and Tenants of the Co-operative fairly and respectfully in all their • dealings with each other • not cause or permit interference with the reasonable, peace, comfort or privacy of any one else who lives near the property • co-operate with their neighbours and, if possible, settle any disputes through courteous and respectful discussion with them • not use, or allow the property to be used for any illegal purpose • ensure that they, their dependents, Extra Persons and visitors behave in acceptable ways • ensure that no damage is deliberately caused by themselves, their dependents, Extra Persons or visitors • when moving out, hand over all keys and leave the property cleaned and in good condition. an) Co-operative’s Rights and Responsibilities Co-operative’s Rights As a landlord the Co-operative has the right to:
• charge and review rent • give notice to remedy breaches of the Tenancy Agreement • give notice to vacate if breaches are not remedied • seek an order from the Residential Tenancies Tribunal if a Tenant refuses to vacate the property. Co-operative’s Responsibilities As a landlord the Co-operative is responsible for:
• ensuring its properties are clean and in good condition before a Tenant moves in • complying with all legal requirements, including health and safety requirements • providing adequate security and a working smoke alarm in the property • giving Tenants the right to enjoy their home peacefully • treating Tenants fairly and respectfully in all its dealings with them • informing Tenants about changes to the Co-operative’s bylaws, policies and procedures • giving Tenants proper notice of inspections • giviing Tenants proper notice of changes to rent payable
48 • arranging for appropriate repairs and maintenance • fulfilling its obligations in relation to child protection issues • giving Tenants proper notice and explanation of decisions about tenancy matters • giving Tenants proper notice to remedy breaches of the Tenancy Agreement • giving Tenants proper notice if it requires to them to move out of the property.
ao) New Tenants The Co-operative will have a Tenancy Subcommittee which will consist of the Tenancy Coordinator, Assistant Tenancy Coordinator, Membership Co-ordinator and up to three other persons.
The Tenancy Subcommittee has the authority to establish procedures and checklists to manage the various stages of the tenancy cycle. This will include the provision of a Tenants Information Pack at the commencement of each Tenancy and access to the relevant Co-operative policies etc stored online. Tenant Selection Only Member Tenants will be involved in the shortlisting of Registrants.
The Tenancy Subcommittee will assess all Registrants shortlisted from the Community Housing Customer Register managed by CPG.
In addition to the criteria already set down in the Tenant Selection Bylaw, the Tenancy Subcommittee has the authority to decide which additional Search Fields in the Community Housing Customer Register it will use to best match the skills and knowledge need by the Co- operative at that time.
For properties in Cluster housing, the Subcommittee will, during the selection process, include a Tenant from the Cluster chosen by the Subcommittee. (This person may be an existing member of the Subcommittee.)
The selection process will include, at minimum, an interview and referee check. (See Tenant Selection Checklist.) Registrants who cannot provide two suitable referees will not be considered for Tenancy.
The person deemed most suitable by the Tenancy Subcommittee will be provided with details of the vacant property and asked if they wish to accept the offer. If this offer is rejected by the person(s) the next most suitable person(s) is offered the property and so on until the offer is accepted.
The final decision about who will be offered Tenancy will be made by XXX. Bonds All Registrants must provide evidence of bond lodgement of XXX rent to XXXX before their Tenancy Agreement can be signed. New One Adult Households In the case of households with only one adult, the Principal Registrant will become the Non Member Tenant with a 6 (six) month fixed term lease. 49 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 New Multiple Adult Households In the case of households with more than one adult, the Tenancy Coordinator will discuss with the Principal Registrant whether the Principal Registrant wants Option A or Option B:
• Option A – Joint Tenancy – all adults become Non Member Tenants and are named on the 6 (six) month fixed term lease (this option assumes that all adults will seek membership of the Co-operative)
• Option B – Sole Tenancy - Principle Registrant becomes the Non Member Tenant and all other adults are included in an Application for Extra Persons, to be lodged within 4 (four) weeks of the commencement of the 6 (six) month fixed term lease (this option assumes that only the Non Member Tenant will seek membership). Existing Multiple Adult Households Multiple Adult Households with Sole Tenancy leases at the time of the adoption of this policy by the Co-operative will be required to lodge an Application for Extra Persons which will be automatically approved. Tenants Information Pack All new Tenants will be provided with a hard copy New Tenants Information Pack. It is the responsibility of Tenants to update the contents using information supplied by the Co-operative. Emergency Contact All Tenants are required to maintain at all times current Emergency Contact details which will be held by the Secretary. ap) Managing Non Member Tenants New tenants will have a Tenancy Inspection at 3 months and also prior to discussion by the Tenancy Subcommittee about any lease renewal if the first lease is renewed.
If the Non Member Tenant meets the conditions of the Tenancy Agreement during the first 3-4 months (including during the first Tenancy Inspection at 3 months), the Membership Subcommittee will invite the Non Member Tenant to begin the process to apply for membership of the Co- operative. (See Applications for Membership.) Non Member Tenants can have their lease renewed for a period up to 24 months (ie 4 x 6 months fixed term leases) while they seek membership.
If the Tenant does not meet the conditions of the Tenancy Agreement during the first 5 months, the Tenancy Subcommittee has the authority to advise the Tenant in writing that the Tenancy Agreement will not be renewed and they must vacate the property at the conclusion of the Tenancy Agreement (ie after 6 months).
If the Membership Subcommittee has not invited the Tenant to apply for membership by 9 months, the Tenancy Subcommittee has the authority to advise the Tenant in writing that the Cooperative will not renew their lease. In this case, the Co-operative will have no further responsibility towards the Tenant beyond the requirements of the Residential Tenancies Act.
If the Tenant does not meet the conditions of the Tenancy Agreement to the satisfaction of the Tenancy Subcommittee in the period 6 months to 9 months, the Tenancy Subcommittee has the authority to advise the Tenant that the Tenancy Agreement will not be renewed and they must 50 vacate the property at the conclusion of the Agreement (ie after 12 months). In this case, the Co- operative will have no further responsibility towards the Tenant beyond the requirements of the Residential Tenancies Act.
The Tenancy Coordinator and Membership Coordinator will liaise closely with each other during this time.
Once a Non Member Tenant has been approved as a member, the Tenancy Coordinator and new Member Tenant will sign a Periodic Tenancy Agreement which replaces the Fixed Term Tenancy Agreement. Tenancy Agreement Renewals Tenants are to be given at least 28 days written notice of the Co-operative’s decision to renew or not renew a fixed term tenancy agreement. aq) Tenancy Inspections Tenancy Inspections will be carried out by the Tenancy Subcommittee at least once each year between March and June for Member Tenants and more frequently for Non Member Tenants.
Additional inspections may be required to assess whether tenant damage has been repaired or whether other breaches of the Tenancy Agreement have been remedied.
Tenants will be given notice of inspections in accordance with the Residential Tenancies Act (see Right of Entry).
Tenants can request, but cannot insist, that they be present while the inspection is carried out. The Tenancy Subcommittee will take reasonable steps to accommodate the request but if a suitable time cannot be arranged, the inspection will proceed in the Tenant’s absence.
The Annual Tenancy Inspection will be conducted by 1-2 members of the Tenancy Subcommittee who will usually be accompanied by a member of the Maintenance Subcommittee (who will carry out the minimum annual Maintenance Inspection at the same time). Other inspections may be carried out by 1-2 members of the Tenancy Subcommittee.
The Residential Tenancy Branch’s Tenancy Inspection Form shall be used to record condition of the property at each Tenancy Inspection.
The Tenant will be given a copy of the Tenancy Inspection Form within 7 days of the inspection. ar) Right of Entry Inspections will be carried out in such a way that the rights and responsibilities of both the Co- operative and the Tenant are acknowledged and respected. Written notice will given except in the case of an emergency.
Tenants will be given notice of inspections in accordance with Section 72 of the Residential Tenancies Act 1995, states that the landlord, or their agent may enter the premises:
1) in an emergency
51 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 2) to inspect the premises - inspections cannot be made more than once each 4 weeks and only in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry which states the purpose and the date of the proposed entry and which specifies a period of up to 2 hours within which the proposed entry will occur, but the entry must occur within normal hours. (However, if the premises are in a remote location or it is necessary for the person carrying out the inspection to be accompanied by a person for the purposes of the inspection, the notice need not specify a 2 hour period within which the proposed entry is to occur, but the entry must occur within normal hours. 3) to carry out garden maintenance, but only at a time previously arranged with the tenant and no more than 7 days before the day of entry or in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry
4) to carry out necessary maintenance (other than garden maintenance) or repairs (other than in an emergency), but only at a time within normal hours of which the tenant has been given at least 48 hours notice
5)to show the premises to prospective tenants during the period of 28 days preceding the termination of the tenancy agreement, but only on a reasonable number of occasions and only at a time within normal hours of which the tenant has been given reasonable notice; or
6)if the landlord has given the tenant notice of a breach of the residential tenancy agreement under section 80 to determine whether the breach has been remedied, but only in accordance with a written notice in the prescribed form given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry 7) for some other genuine purpose, but only in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry and stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry or with the consent of the tenant 8) if the landlord believes on reasonable grounds that the tenant has abandoned the premises.
It is a term of a residential tenancy agreement that if the tenant has indicated to the landlord that he or she wishes to be present during the period when the landlord or landlord's agent is at the premises, the landlord (or an agent of the landlord) may not enter the premises unless a reasonable effort has been made to arrange for the visit to occur at a time when it is convenient for the tenant to be present (having regard to the work and other commitments of both the tenant and the persons entering the premises). This requirements does not apply to entry in an emergency or in case of items 6) or 8).
Normal hours means the hours between 8am and 8pm on any day other than a Sunday or public holiday.
Tenants cannot insist that inspections only be carried out when they are present. Attempting to impede access to the property when proper notice has been given will be treated by the Co- operative as breach of the Tenancy Agreement.
52 as) Pets The Co-operative believes that allowing certain low impact pets to live in Co-operative properties is is reasonable given the growing recognition of the therapeutic values of pets. However, for some Tenants, pets are the cause of considerable risk, inconvenience or disturbance. The Co-operative views the keeping of pets as a privilege, not a right of occupancy. In this by-law, Pet shall mean Animal and Animal shall mean Pet except for guide, hearing and assistance dogs which are not considered pets for the purpose of this policy. The keeping of a pet without the written permission of the Co-operative will be treated as breach of the Tenancy Agreement. Non Member Tenants are not permitted to have pets except contained fish or birds. Member Tenants may apply in writing to the Tenancy Officer to keep domestic household pets. These include dogs, cats and contained animals such as fish, birds or gerbils. (The Dog and Cat Management Act lists the prescribed dogs which will be refused permission.) Tenants will not be permitted to have more than 2 animals in any combination other than contained fish. Approval will be subject to an assessment by the Tenancy Subcommittee of the suitability of the pet at the particular property. Approval is not automatic. Tenants should be aware of and in compliance with all relevant provisions of the Council’s bylaws, including those dealing with registration, vaccination, ‘poop and scoop’ and disturbance. Tenants are responsible at all times for the care and control of their pets. Tenants are responsible for ensuring their pets are properly confined during tenancy and maintenance inspections. They are responsible for their pet’s behaviour with respect to noise or other disturbance and are liable for damage caused by their pets to the Tenant’s property, to common areas and to other properties. Tenants are responsible and liable for any damage caused by their pet. Pets must be under care and control of the Tenant when outside their home. Pets of guests are subject to this policy. Tenants will be held accountable for the behaviour of their guest’s pets. No pets of guests are allowed more than a one night sleep over without the permission of the Tenancy Officer. Any excessive (loud and/or prolonged) noise or nuisance caused by the Tenant’s pet is the responsibility of the Tenant. Persistent disturbance to other Tenants or neighbours will be treated as a breach of the Tenancy Agreement. Complaints about pets should in the first instance be made to the Tenant directly. If problem behaviour persists, other Tenants are expected to contact the Tenancy Officer in the first instance who may seek the assistance of the Dispute Resolution Officer to deal with the complaint. The following animals are prohibited in Co-operative properties: 1. All protected or endangered animals being all animals, native or non-native, whose possession or sale is prohibited because they are designated as protected or endangered according to international, commonwealth or state laws or local regulations or bylaws, unless the animal has been obtained in accordance with these laws
53 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 2. All dogs, other than domesticated dogs (Canis familiaris) including but not limited to: wolf, fox, coyote, hyaena, dingo, jackal, raccoon dog, bush dog, and any hybrid offspring of a wild dog and domesticated dog 3. All cats other than domesticated cats (Felis catus) including but not limited to: lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx, serval, and any hybrid offspring of a wild cat and domesticated cat. 4. All bears, including polar, grizzly, brown and black bear 5. All fur bearing animals of the family Mustelidae including, but not limited to weasel, marten, mink, badger, ermine, skunk, otter, pole cat, wolverine and the domestic ferret (Putorius furo) 6. All Procyonidae, including raccoon, kinkajou, cacomistle, cat-bear, panda and coatimundi 7. All carnivorous mammals of the family Viverridae including, but not limited to, civet, mongoose, and genet 8. All bats (Chiroptera) 9. All non-human primates, including, but not limited to, monkey, ape, chimpanzee, gorilla and lemur 10. All squirrels (Sciuridae) 11. Reptiles (Reptilia) (a) all Helodermatidae (gila monster and Mexican bearded lizard) (b) all front-fanged venomous snakes, even if devenomized, including, but not limited to: (i) all Viperidae (viper, pit viper), (ii) all Elapidae (cobra, mamba, krait, coral snake), (iii) all Atractaspididae (African burrowing asp), (iv) all Hydrophiidae (sea snake), and (v) all Laticaudidae (sea krait) (c) all venomous, mid- or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if de-venomized (d) any member or hybrid offspring of the family Boidae, including but, not limited to the common or green anaconda and yellow anaconda, save and except members of the family Boidae reaching an adult length of no greater than two (2) metres (e) any member of the family Pythonidae, including but, not limited to the African rock python, the Indian or Burmese python, the Amethystine or scrub python, save and except members of the family Pythonidae reaching an adult length of no greater than two (2) metres (f) any member of the family Varanidae, including but, not limited to the white throated monitor, the water monitor, the Komodo monitor or dragon, the Bornean earless monitor, the Nile monitor, the crocodile monitor, save and except members of the family Varanidae reaching an adult length of no greater than one (1) metre (g) any member of the family Iguanidae, including the green or common iguana (h) any member of the family Teiidae, including but not limited to the golden, common or black and white tegu,
54 (i) all members of the family Chelydridae, including snapping turtle and alligator snapping turtle (j) all members of the order Crocodylia, including, but not limited to alligator, caiman and crocodile (k) all other snakes that reach an adult length larger than three (3) metres, (l) all lizards that reach an adult length larger than two metres. 12. Birds (Aves) (a) all predatory or large birds (Accipitrids, Cathartids), including but not limited to eagle, hawk, falcon, owl, vulture and condor (b) anseriformes including but not limited to ducks, geese and swans, (c) galliformes including but not limited to pheasants, grouse, guinea fowl and turkeys, and (d) struthioniformes including but not limited to flightless ratites such as ostriches, rheas, cassowaries, emus and kiwis. 13. Arachnida and Chilopoda (a) all venomous spiders including, but not limited to tarantula, black widow and solifugid, scorpion, save and except the exception of the following species of tarantula: Chilean Rose (Grammostola rosea), Mexican Red-Knee (Brachypelma smithi), Pink-Toed (Avicularia avicularia), and (b) all venomous arthropods including, but not limited to centipede. 14. All large rodents (Rodentia), including, but not limited to gopher, muskrat, paca, groundhog, marmot, beaver, prairie dog, viscacha, and porcupine 15. All even-toed ungulates (Artiodactyla) other than domestic sheep, including but not limited to antelope, giraffe and hippopotamus 16. All odd-toed ungulates (Perissodactyla) including domesticated horses (Equus caballus), zebra, rhinoceros and tapir 17. All marsupials, including but not limited to, Tasmanian devil, bandicoot, kangaroo, wallaby, possum, wombat, koala, cuscus, numbat and pigmy, sugar and greater glider 18. Sea mammals (Cetacea, Pinnipedia and Sirenia), including but not limited to, dolphin, whale, seal, sea lion and walrus 19. All elephants (Proboscides) 20. All hyrax (Hyracoidea) 21. All pangolin (Pholidota) 22. All sloth and armadillo (Edentala) 23. All insectivorous mammals (Insectivora), including aardvark (Tubulidentata), anteater, shrew, otter shrew, mole, hedgehog, echidna 24. Gliding lemur (Dermoptera) 25. All other venomous or poisonous animals. at) Smoking Smoking is not permitted inside any of the Co-operative’s houses.
55 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 au) Peace and Quiet All Tenants are entitled to live in peace and privacy. Everyone is also entitled to pursue his or her own lifestyle without interference. However, the Co-operative expects its Tenants to be considerate of their neighbours when playing music, television or radio and when your guests arrive or depart. Tenants and their visitors may not interfere with the peace comfort and privacy of others.
Interference with the right of other people to have the quiet enjoyment of their property will be treated as a breach of the Tenancy Agreement. av) Vehicle Repairs Any vehicle on a Co-operative property must be in a complete form. The dismantling of motor vehicles is not permitted other than for an immediate repair which must be completed within a two week period and must not impede access for services or by neighbours. aw) Complaints by Interested Persons (neighbours and others) The Tenancy Officer will respond to complaints by ‘interested persons’ as defined by the Residential Tenancies Act (whether or not the person making the complaint is associated with the Co-operative) using the same approach taken by the Dispute Resolution Policy.
If the matter cannot be resolved, interested persons have the right to lodge an application to the Residential Tenancies Tribunal for a Section 90 termination of the tenancy where the Tenant’s conduct is unacceptable. ax) Breaches of the Tenancy Agreement The Co-operative will require that its Tenants remedy any breaches of the Tenancy Agreement.
Assistance will be sought from the Consumer and Business Services, Advice and Conciliation Branch and other authorities as required to ensure that appropriate and lawful action is taken in the best interests of the Co-operative.
Any Non Member Tenant who refuses to adequately remedy any breaches of the Tenancy Agreement risks termination or non-renewal of their Tenancy Agreement.
Any Member Tenant who refuses to adequately remedy any breaches of the Tenancy Agreement risks termination of their membership and subsequent termination of their Tenancy Agreement.
The Tenancy Coordinator and Membership Coordinator will liaise together and make recommendations to the Committee of Management meetings whenever necessary to ensure that the rights of the Co-operative as a democratically controlled member organisation and as a Landlord are being upheld. ay) Death of a Tenant In the event of the death of a Tenant a grace period of 60 days shall be extended to any Extra Persons and the Tenant’s family or Executors for the purpose of finalising the tenancy and the removal of the Tenant’s belongings.
In this circumstance, the Extra Person is entitled to lodge a Registration of Interest via the CHCR and, assuming they are eligible for Community Housing and eligible for the Co-operative, they can,
56 at the Tenancy Subcommittee’s discretion, be shortlisted from the CHCR and subject to the usual interview process before being offered tenancy in their own right. However it should be noted that Extra Persons are not guaranteed an interview or an offer of tenancy in these circumstances. az) Cluster Housing Parking X
Rubbish X
Shared Water Meters X
ba) Intervention Orders X
bb) Occupancy Standards The Co-operative uses the Canadian National Occupancy Standard (CNOS) to assess applications for internal transfers and applications for Extra Persons. This standard is also used by CPG’s Community Housing Customer Register to match Registrants and vacant properties.
The standard states that:
1. No more that two people shall share a bedroom 2. Parents and couples may share a bedroom 3. Children under 5 years, either the same sex or opposite sex, may share a bedroom 4. Children under 18 years of the same sex may share a bedroom 5. A child aged 5 to 17 years should not share a bedroom with a child of the opposite sex 6. Single adults 18 years and over and any unpaired children require a separate bedroom.
CPG will be asked to provide advice on any Applications for Extra Persons which cannot easily be assessed by the Co-operative against this standard.
bc) Internal Transfers Only Member Tenants can apply for internal transfer to another Co-operative property.
Tenants in rent arrears or owing any other monies will be ineligible for transfer until all monies owed are paid in full.
Applications for transfer must be made in writing to the Tenancy Subcommittee who has the authority to make a decision but can choose to make a recommendation to the Committee of Management for it to make the decision. Applications must include reasons for wanting to transfer.
57 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Only the already programmed or vacancy maintenance work will be undertaken in relation to a property being considered for an internal transfer.
Applications for internal transfers will use the Occupancy Standards as the starting point for decisions and the Co-operative will not approve ‘overhousing’ ie where a sole occupant applies to transfer to a three bedroom property.
If two or more requests are received on the same day for the same property the Tenancy Subcommittee will decide on the basis on length of time served as an active member of the Co- operative. Should there be multiple applications to transfer to the property and all applicants are of equal eligibility, a name will be drawn from a hat by the Chairperson at Committee of Management meeting.
On every occasion of an internal transfer, the standard outgoing and incoming inspections will occur and a new bond must be paid by the transferring Member Tenant. bd) Extra Persons
Tenants must get written approval from the Co-operative prior to accommodating an Extra Person in their home.
CPG’s Rent Policy will be applied to all households with Extra Persons.
The Tenant named on the Tenancy Agreement remains fully responsible for meeting the requirements of the Tenancy Agreement.
Tenants are required to advise the Co-operative if/when the Extra Person vacates the property.
When a Tenant gives notice that they intend to vacate a property which includes an Extra Person, the Extra Person is entitled to lodge a Registration of Interest with the CHCR and, assuming they are eligible for Community Housing and eligible for the Co-operative, they can, at the Tenancy Subcommittee’s discretion, be shortlisted from the CHCR and subject to the usual interview process before being offered tenancy in their own right. However it should be noted that Extra Persons are not guaranteed an offer of tenancy in these circumstances. Applications for Extra Persons Requests to accommodate an extra person must be made in writing to the Co-operative using the Application for Extra Persons form. Proof of Identify and proof of income for the Extra Person must be supplied with the application.
After receiving of a request to accommodate an Extra Person, the Tenancy Coordinator will:
• using the Occupation Standards, check that suitable accommodation is available for the Extra Person(s) and that no overcrowding exists • check that proof of identity and proof of income has been supplied for the proposed Extra Person • check the Co-operative’s records to determine if the Extra Person has outstanding debts to the Co-operative • undertake any other checks deemed necessary to assess the request to accommodate the Extra Person.
58 Approval to accommodate Extra Persons Applications for an Extra Person will be decided by the Tenancy Subcommittee.
In line with CPG’s Eligibility Policy provisions, the application will be rejected if the proposed Extra Person owns a habitable property.
The application will be rejected if the Tenant or the proposed Extra Person has a debt to the Co- operative or if the Tenant is in breach of the Tenancy Agreement.
Approval will be granted in writing provided that the property is capable of providing suitable accommodation and provided no overcrowding exists based on the Co-operative’s Occupancy Standards. Extra Persons residing without the Co-operative’s knowledge or consent Where an Extra Person has been residing in a Co-operative property without the Co-operative’s knowledge and/or approval and the Co-operative subsequently learns about the presence of the Extra Person, the Tenancy Coordinator will: a) at the earliest opportunity, contact the Tenant to discuss the circumstances regarding the Extra Person and determine the length of time that the Extra Person has / intends to be at the property b) remind the Tenant that having an Extra Person without approval is breaching the Tenancy Agreement c) ask that the Tenant urgently lodge an Application for an Extra Person.
If approval is refused, the Tenant will be advised that the Extra Person must vacate the premises within 7 days and that failure to comply with the request will be treated as a breach of the Tenancy Agreement. be) Caretakers
The Co-operative does not allow Tenants to sublet their property but Members are entitled to have a Caretaker arrangement (ie. a person who is temporarily living in and taking care of the property) when they take a Leave of Absence for a period up to 12 months, provided that the Member is not in breach of the Tenancy Agreement and does not have a debt to the Co-operative.
The Member must complete a Caretaker Arrangements Application form and submit it to the Tenancy Coordinator. Contact details for Member for the period of absence must be provided at the time of Application.
Applications for Caretaker arrangements will be decided by the Tenancy Subcommittee.
Approval will be granted unless the proposed Caretaker was a former member who had their membership terminated, if the Member or proposed Caretaker owes a debt to the Co-operative or for some other reason which the Tenancy Subcommittee believes may put the property or any Tenants, Members, members of their households or the organisation at unacceptable risk.
The Caretaker must not reside at the property (unless they are already known to the Co-operative as an Extra Person) until approval of the arrangement is given by the Co-operative.
59 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Caretakers have no right to make any claims on the property or the Co-operative.
Members remain responsible for meeting all the conditions of the Tenancy Agreement, including the payment of rent during the full period of their absence.
The rent chargeable during the Caretaker period is to be based on the Member’s gross household income in line with CPG’s Rent Policy (ie the person named on the Tenancy Agreement).
If, as part of a private arrangement, the Member charges the Caretaker rent, this must not exceed the rent determined according to CPG’s Rent Calculator.
During the Caretaker period, the Member remains responsible for advising the Co-operative of any change in circumstances that may affect their rent.
In exceptional circumstances, Non Member Tenants may apply to the Tenancy Subcommittee for permission to have a Caretaker for a period up to six months. bf) Visitors
The Co-operative defines a Visitor as a person who has their own residential address separate from the property which they are currently visiting, and who intends to return to reside in that property.
Providing it does not cause overcrowding issues, Tenants are allowed to have a Visitor stay for a maximum of 12 weeks each year. If a Tenant wishes the Visitor to stay for more than 12 weeks each year, they must lodge an Application for An Extra Person and the Co-operative’s Extra Person Policy will be applied.
The person named on the Tenancy Agreement remains fully responsible for meeting the requirements of the Tenancy Agreement.
If the Co-operative believes that the Visitor is breaching the requirement of the Tenancy Agreement, the Tenant will be advised in writing that the Visitor must vacate the premises within 7 days and that failure to comply with the request will be treated as a breach of the Tenancy Agreement by the Tenant. bg) Vacating the Property When a Tenant vacates a property, they are to take the following steps:
1. Give at least twenty-one (21) days written notice of intention to vacate to the Tenancy Coordinator using the Notice of Intention to Vacate form from Consumer and Business Services, Advice and Conciliation Branch 2. Arrange with the Tenancy Coordinator for the Outgoing Tenancy Inspection 3. Notify the relevant service providers of their change of address 4. Ensure that all rent (including any arrears) is paid 5. Remove all goods, furniture and refuse from the premises 6. Clean and prepare the property (house, sheds, carport, garden) for the inspection
60 7. Pay special attention to the cleaning of the cupboards, stove, shower, toilet bowl, walls, floors, carpets and outdoor walkways 8. Refer to the Inspection Form they completed and signed when they moved into the property. 9. Repair any damage which was not caused by fair wear and tear 10. At the Outgoing Inspection, return the keys and sign the Outgoing Inspection Form. At this time they may also need to make arrangements with the Tenancy Officer for non fair wear and tear reparation work to be carried out. 11. Provide the Tenancy Officer with updated contact details including a forwarding address.
The Co-operative will charge the Tenant for non fair wear and tear damage that has occurred during their tenancy and for the cost of engaging a professional cleaner if the property is not cleaned to a reasonable standard.
All of the Tenant’s belongings must be removed from the premises by the date given to the Co- operative. The Co-operative does not accept responsibility for loss or damage of any items left on the premises and will promptly exercise its rights to dispose of Abandoned Goods under the Residential Tenancies Act including charging the Tenant for the removal of any goods or rubbish the Tenant leaves on the premises.
The Tenancy Coordinator will, at the earliest opportunity (after checking whether any monies are owed), lodge the Bond Refund form with the Consumer and Business Services, Advice and Conciliation Branch. bh) Conciliation Conferences
The Co-operative recognises that disputes between tenants or tenants and landlords may be settled through a process of conciliation. The Co-operative will, wherever possible, choose a Conciliation Conference facilitated by the Residential Tenancies Tribunal as the preferred method to settle tenancy related disputes ((rather than requiring a full hearing which hands down a decision in favour of one side).
61 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 bi) ASSET MANAGEMENT Reference
Residential Tenancies Act 1995 South Australian Co-operative and Community Housing Act 1991 National Community Housing Standards 2010 Co-operative/CPG Funding Agreement CPG Maintenance Policy and Procedures CPG Accommodation Standards and Guidelines CPG Summary Maintenance Guidelines Other CPG Policies on website bj) Maintenance Policy The Co-operative is required to use its Maintenance Allowance to maintain its properties, taking into consideration the age, character and prospective life (including gardens, boundary walls, fences etc.), in such a way that it meets the obligations of a Landlord, gives tenants the full enjoyment of their home and preserves the value of the asset.
The Co-operative wants completion of maintenance and repairs before problems become urgent; a high quality of maintenance work and the same high maintenance standard across all of its properties.
The Co-operative will have a Maintenance Coordinator and Maintenance Subcommittee who work together to plan, organise, carry out, supervise and report on maintenance work as part of an ongoing asset management cycle.
The Maintenance Subcommittee has the authority to establish procedures and checklists to manage the maintenance of the Co-operative’s properties. This will include access to the relevant Co- operative policies and maintenance forms etc (stored online). Property Maintenance Records The Maintenance Officer is responsible for ensuring that records are kept about each Property, These records include Maintenance Requests, Applications for Additions or Alterations, Property Inspection Reports and a Property Maintenance Plan. Property Maintenance Plans The individual Property Maintenance Plans and the Co-operative’s Summary Maintenance Plan form the basis for Programmed (planned) Maintenance work to be undertaken each year. Other work is either Vacancy Maintenance (touch up wear and tear or Programmed Maintenance which was either brought forward or postponed for up to 6 months and undertaken between tenancies) or Emergency Maintenance. Summary Maintenance Plan The Maintenance Officer will bring the draft Summary Maintenance Plan to the Committee of Management meeting for approval before it is submitted to CPG in September each year.
62 bk) Inspections Annual Maintenance Inspections (Asset Management Inspections) will be carried out by the Maintenance Subcommittee at least once each year between March and June. Additional inspections may be required to assess whether work is needed, or to check that work has been carried out to the required standard.
Tenants will be given notice of inspections in accordance with the Residential Tenancies Act (see Right of Entry).
Annual Inspections will be conducted by 1-2 members of the Subcommittee who will usually be accompanied by a member of the Tenancy Subcommittee (who will carry out the minimum annual Tenancy Inspection at the same time). Other inspections may be carried out by just one member of the Maintenance Subcommittee.
The Co-operative’s Property Inspection Form shall be used to record the findings at each Maintenance Inspection. bl) Fair Wear and Tear Fair wear and tear means damage that happens through:
• the ordinary day-to-day use of a property by a Tenant (eg the floor covering becomes worn from people walking on it), and or • the ordinary operation of natural forces (eg. sunlight, rain). bm) Tenant Maintenance Responsibilities Tenants are required by their Tenancy Agreement to notify the Co-operative of items that require repair or replacement. They are also required to carry out any work which is their responsibility (ie the repair or replacement of damaged items) in full and in a timely manner so as not to allow further damage or deterioration of the asset.
Tenants are required to keep the grounds and gardens tidy and free from rubbish. This includes mowing lawns and generally keeping the garden in order. bn) Tenant Damage The Co-operative is responsible for repairing damage caused by reasonable everyday living or fair wear and tear.
Tenants are responsible for any damage caused by them, other household members, visitors, caretakers or pets. Examples of damage for which the Tenant is responsible include:
• broken windows • punctured walls, doors or cupboards • burns or tears to floor or window coverings • broken clotheslines and hoists • broken locks • damaged doors, windows or flyscreens • damaged bathroom and toilet fittings • blocked sewers due to sanitary pads, nappies, toys or other items flushed down the toilet 63 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 • damage caused by deliberately or carelessly lit fires.
The Co-operative will require that the Tenant pay the full cost of repairing or replacing the damaged items.
Tenants are not responsible for damage caused by criminals (ie burglars or vandals) but they are expected to provide a police report number so the Co-operative can decide whether or not it wants to make an insurance claim to cover the cost of repairs. bo) Approvals for Maintenance work Items in the approved Summary Maintenance Plan do not require further approval unless the cost is varied by more than that the variations allowed in the Procurement Policy.
Decisions on Emergency Maintenance and Vacancy Maintenance will be made by the Maintenance Coordinator.
Applications for Additions and Approvals will be decided by the Maintenance Subcommittee except when they believe the application requires special consideration in which case the decision will be made by the Committee of Management meeting.
Recommendations from the Maintenance Subcommittee for Alterations or Additions which include future costs to the Co-operative will be provided to the Treasurer/Finance Subcommittee for inclusion in the next Draft Budget and/or the Summary Maintenance Plan.
The nature and value of approved Alterations or Additions work completed by Tenants will be noted in the Summary Maintenance Plan so that the Co-operative has a true record of the value of improvement works undertaken each year.
bp) Emergency and Critical Maintenance Response Times Tenants are to contact the Maintenance Coordinator on XXXXXXX when critical or emergency maintenance is required.
Once the Maintenance Officer has identified or been notified of a problem, they will categorise the work needed as Critical, Emergency or General and inform the Tenant of the expected response time.
The Co-operative will make every reasonable attempt to respond within the following time frame:
Type of emergency Expected Response Time Examples Critical 4-6 hours Burst water service (Problems that immediately Gas leak threaten health, safety or Dangerous electrical fault security) Blocked or broken sewer system (or anything that prevents the Tenant from using the toilet or water sources in the dwelling)
Emergency 24-36 hours Storm or fire damage 64 (Problems that threaten safety Breakdown of a hot water or security and need prompt system action) Breakdown of stove or cooking appliances Broken or damaged asbestos
General Up to 30 days Locks on doors or windows (Problems that cause which are difficult operate inconvenience but cannot wait until other Programmed work is undertaken)
If all attempts to contact the appropriate people have failed and the suggested Response Time for critical or emergency maintenance has passed, the Tenant should contact: insert name and contact details for tradespersons authorised by the Co-operative. (The Tenant is in this case entitled to recover from the Co-operative reasonable costs of having the repair carried out.) Other outstanding maintenance requests should be raised with the Maintenance Subcommittee who will explain what action will be taken. bq) Tradespersons / Contractors A list of Approved Tradespersons/Handypersons will be maintained by the Maintenance Subcommittee.
See Health and Safety Policy.
Electrical, gas and plumbing related works must be carried out by a registered tradesperson unless the Maintenance Coordinator has given authority for minor plumbing works to be carried out by a Handyperson or the Tenant.
Once a problem has been identified, the Maintenance Coordinator will source a Tradesperson/Contractor to investigate, repair or replace the cause of the problem.
The Co-operative expects that all Tradespersons/Contractors used in the maintenance or upgrade or properties will:
• contact the Tenant in advance to arrange a suitable time for the work to be carried out • advise the Tenant if they cannot attend at the agreed time • show their identification when they arrive at the property • behave courteously • carry out repairs and maintenance safely and to the required standard.
While Tradespersons are in a Tenant’s home they are not allowed to use the phone, power or toilet without the Tenant’s permission.
Unless other arrangements have been made with the Maintenance Coordinator, when the work is completed the Tenant is to sign the Tradesperson’s invoice and send it to the Maintenance Coordinator for the Co-operative to update its records and initiate payment procedures.
Invoices must be made out to the Co-operative, not the Tenant.
65 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 If the Tenant is not satisfied with the quality of the work or fittings, they should immediately notify the Maintenance Coordinator. br) Locks The Co-operative will provide and maintain locks and other devices as necessary to ensure that the premises are reasonably secure. Except in the case of an Intervention Order, the Tenant must not alter, remove or add any lock or security device without the consent of the Co-operative.
In the case of an Intervention Order, the Tenant must notify the Co-operative as soon as practicable and arrange for a duplicate set of keys to be provided.
The alteration, removal or addition of a lock or security device by the Tenant will be at the Tenant’s expense.
The Co-operative does not provide deadlocks on its properties due to the risk of Tenants being trapped inside the property in the event of fire or other emergencies.
The Co-operative will change/rotate the locks or barrels of the premises when the Tenant changes. bs) Keys The Co-operative will maintain a Key Register which will consist of a complete set of keys for each property and a book which contains the name of the person and the date each time keys are taken out or returned. The Master Keys for each lockable door and window of each property will be tagged with the Property ID number as per the Debenture (and no other information which will identify the property) and kept in a locked key box in a secure place. The Key Register will be held by the Maintenance Officer.
If a Tenant accidentally locks themselves out of their house and does not have a spare key kept in a safe place, it is their responsibility to either pay for a locksmith to regain entry or pay for any damages caused by making a forced entry. bt) Floor Coverings XX bu) Heating XX bv) Cooling XX bw) Smoke Alarms The Development Act 1993 requires that the Co-operative install and maintain smoke alarms in all its properties.
Dwellings transferred to the Co-operative before February 1998 must have at minimum, replaceable battery powered alarms. Dwellings transferred from February 1998 must have at minimum, 240volt mains powered or 10 year life non-replaceable, non-removable permanently connected battery powered alarms. Dwellings built on or after January 1995 must have at minimum, 240volt mains 66 powered alarms. Depending on the layout of the dwelling, it may be necessary to have more than one smoke alarm to provide sufficient warning.
The Co-operative will arrange for alarms to be routinely checked and batteries replaced as necessary. bx) Pest Control Responsibility for pest control is shared by the Tenant and the Co-operative as the Landlord.
Ants – Tenant responsibility. Bees - if bees nest in the chimney or roof space, inside a cavity wall or the front and rear porch, the Co-operative will have them removed. In all other cases, removal of bees is the Tenant’s responsibility. European Wasps - local Councils have a program of eradicating European Wasps, provided the location of the nest is known. Tenants are to contact the Council for advice in the first instance. Cockroaches and/or Fleas - if the Tenant has been living in the property for less than 30 days the Co-operative will treat the problem. If the Tenant has been living in the property longer than 30 days, the treatment of cockroaches or fleas is their responsibility. Rats and Mice – it is the responsibility of the Tenants to seal any openings that could be used by rats or mice and to eradicate the vermin. In ‘plague’ situations the removal of rats and mice is at the discretion of the Maintenance Officer in consultation with the Tenancy Officer. Possums - the Co-operative will remove the possums and seal any openings to the property. Spiders – Tenant’s responsibility. Snakes – Tenant’s responsibility. White Ants – the Co-operative will arrange for approved Pest Controllers to assess, and if required, treat white ants.
by) Alterations and Additions The Co-operative recognises that Tenants should be allowed to make reasonable modifications to improve their home but no modifications can be made without the prior approval of the Co- operative.
All tenants are required to use the Alterations and Additions Application Form for any work they wish to carry out on the property. Decisions about the application will be made as quickly as possible by the Maintenance Subcommittee (unless it is very minor work such as the installation of quality picture hangers which can be approved by the Maintenance Coordinator).
The Co-operative will not unreasonably withhold consent for alterations or additions to the premises that is ensure the provision of infrastructure or a service of a prescribed kind.
Any alterations or additions carried out by the Tenant without the written permission of the Co- operative will be treated as a breach of the Tenancy Agreement.
67 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 bz) Disability Modifications The Co-operative recognises that Tenants should be allowed or assisted to make reasonable modifications to make their home more accessible and to make daily living safer and more comfortable. However, no modifications can be made without the prior approval of the Co- operative.
Tenants should discuss their need with the Maintenance Coordinator and then make their application in writing to the Maintenance Committee.
CPG’s Disability Modifications Policy will be used as the starting point for decisions about modifications which incur a cost to the Co-operative. See also the Additions and Alterations Policy.
ca) Painting There are two types of internal painting – major internal painting and minor internal painting. Tenants are not allowed to do major internal painting – this can only be done by the Co-operative.
With approval, and if the property is not due to be painted soon, Tenants can apply to do minor internal painting – ie apply a decorative coat of paint to internal or external walls, doors, ceiling or architraves fixtures.
A decorative coat is one or two coats of paint applied to the surface only. Only pastel or neutral colours and 100% acrylic (water based) paint may be used. Tenants are not allowed to: use dark colours such as black, brown, red and purple hang wallpaper or paint decorative friezes or murals.
cb) Managing Property Returns In the case of a potentially unviable property, the Co-operative will make every effort to:
• seek assistance from CPG as soon as possible to identify the options available, and • assist the Tenant to transfer to another of the Co-operative’s properties or make other interim accommodation arrangements with the intention of avoiding the tenant having their tenancy terminated if the property has to be returned to CPG before another becomes available.
cc) Strata Corporation The Co-operative will appoint a Strata Corporation Representative at each Annual General Meeting to represent the Co-operative’s interests at all meetings of the Strata Corporation.
68 cd) MEMBER MANAGEMENT Reference
South Australian Co-operative and Community Housing Act 1991 Co-operative’s Rules Co-operative’s Membership Bylaw Co-operative’s Appeal Bylaw CPG Fixed Term Lease Policy ce) Membership Management The Co-operative will have a Membership Subcommittee which will consist of the Membership Coordinator, the Tenancy Coordinator, the Education Coordinator and up to two other persons.
The Membership Subcommittee has the authority to establish procedures and checklists to manage the process of inducting a new member into the Co-operative. This will include the provision of a Members Information Pack and access to the relevant Co-operative policies etc (stored online). cf) Rights and Obligations of Members All members of the Co-operative have equal rights and obligations as defined by legislation and the Co-operative’s Rules.
All Member Tenants are required to comply with the:
South Australian Co-operative and Community Housing Act Co-operative’s Rules, By-laws and Policies Tenancy Agreement.
This means that Members are required to:
meet the conditions of their Tenancy Agreement participate by contributing knowledge, skills, enthusiasm and maximum possible effort to the Co-operative’s objectives and activities perform any function with reasonable care and diligence attend all General meetings, Committee of Management meetings and relevant Subcommittee meetings as called, unless: o there are reasonable* grounds for non-attendance (ie they are on approved leave or exemption or are a retired member), and o the Secretary or Convenor of the meeting is notified in accordance with the agreed Meeting Procedures. undertake such other tasks and such other obligations of membership as may reasonably be required by the Co-operative from time to time.
*The term ‘reasonable’ is open to interpretation but the reason given must be one that an ordinary member of the Co-operative would accept as reasonable in the circumstances. The failure to attend meetings must not simply be a deliberate act of non-compliance. If the circumstance that prevented the Member Tenant or Non Member Tenant from attending the meeting/s was unforeseeable or is 69 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 outside the person's control, it will generally be acceptable. Reasonable grounds include proof of attendance required elsewhere for paid work or study commitments or proof of sickness.
A breach of any obligation of membership or tenancy or failure to attend three (3) Committee of Management meetings and other meetings of the Co-operative in one (1) year (from AGM to AGM) without reasonable grounds, and without having a Participation Agreement in place, will trigger a review of Membership (Stage 1 Breach) which may result in termination of Membership and subsequent termination of Tenancy.
cg) Participation Indicators As well as complying with conditions of Tenancy Agreement, in order to maintain membership a Member must demonstrate their commitment to share the work involved in managing the Co- operative.
This involves:
1. Complying with the Rules, Bylaws, Policies and Procedures of the Co-operative 2. In their dealings with other Members and members of the wider Community Housing Sector, demonstrating an understanding of and commitment to the Principles of Co-operation 3. Attending and participating in Committee of Management meetings - non attendance at more than three Committee of Management meetings per year without prior approval from the membership shall be treated as a breach of Membership obligations 4. Attending and participating in Subcommittee meetings - non attendance at more than three Subcommittee Meetings per year without prior approval of the Subcommittee shall be treated as a breach of Membership obligations 5. Contributing time, energy, knowledge and skills by being actively involved in the Co- operative’s management on an ongoing basis by - at minimum - participating in a sub- committee or as an office bearer or Coordinator 6. Performing their role in accordance with the agreed Job Description and with reasonable care and diligence 7. Attending a minimum of one training course each year which is directly related to their current or future role 8. Working co-operatively and respectfully with other Non Member Tenants and Member Tenants 9. Complying with the decisions and directives of the Committee of Management meetings 10. Maintaining confidentiality of information 11. Respecting the right to privacy of Non Member Tenants and Member Tenants 12. Not seeking to influence the activities or decision making processes of the Co- operative by withholding information or by misrepresenting any other Members, Tenants or individuals having dealings with the Co-operative 13. Refraining from conduct detrimental to the interests of the Cooperative 14. Adhering to the Co-operative’s Code of Conduct. ch) Applications for Membership The Membership Subcommittee has the authority to establish procedures and checklists to manage the process of inducting a new Non Member Tenant to the Co-operative.
If any tenancy related concerns arise during the Non Member’s tenancy, the Tenancy Coordinator will inform the Membership Coordinator and this will be taken into consideration by the
70 Membership Subcommittee. The Membership Subcommittee can decide that it will not invite the Non Member Tenant to apply for Membership.
Following a satisfactory 3 month Tenancy Inspection and confirmation by the Tenancy Coordinator that there are no significant tenancy concerns, a member of the Membership Subcommittee will make an appointment to visit the Non Member Tenant in their home and explain: a) the Co-operative’s membership application process b) that inviting a Tenant to apply for membership does not guarantee that it shall be granted by the Co-operative.
At this time the Membership Coordinator will provide the Non Member Tenant with: a) a letter from the Co-operative inviting the Non Member Tenant to begin the process of applying for membership b) a hard copy or electronic access to the relevant Co-operative documents c) a copy of the Membership Application Form d) information about which General, Committee of Management and or Subcommittee meetings they are expected to attend e) other opportunities to participate in other activities associated with the management of the Co-operative f) the latest Learning and Development Calendar.
The Tenancy Coordinator and Membership Coordinator will liaise closely with each other during this time.
6-12 months after becoming a Non Member Tenant, and having demonstrated a willingness to meet the Co-operative’s membership requirements through active participation, the Non Member Tenant can lodge the Membership Application Form with the Membership Coordinator.
The Membership Subcommittee will meet and will use the Membership Application Checklist to consider the application for membership and will produce a brief written report to the next Committee of Management meeting or the one after, including a recommendation for or against the granting of membership.
The Membership Subcommittee can request that the Non Member Tenant undertake additional activities within an agreed timeframe before the Membership Subcommittee makes its recommendation.
Failure to comply with the conditions of the Tenancy Agreement, the Co-operative’s Rules, Bylaws or Policies or its Code of Conduct and/or failing to demonstrate active participation will be grounds for the Membership Committee to recommend against the granting of membership.
All information supplied by Non Member Tenants or the Membership Subcommittee will be kept strictly confidential.
The Non Member Tenant will be invited by the Membership Subcommittee to, if they wish, speak for their application at the Committee of Management meeting but the Non Member Tenant will not be present for the discussion or the vote. ci) Approval of Applications for Membership
71 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 A decision on any membership application must be carried by a majority of the members present and eligible to vote at a Committee of Management meeting.
The Membership Subcommittee will advise the Non Member Tenant in writing of the Co- operative’s decision within 7 days. The letter will include information about the person’s right to and the process for appealing against an unfavourable decision.
If their application for membership is successful, the Non Member Tenant must sign a Participation Agreement at the next Committee of Management meeting before their name is entered on the Register of Members held by the Secretary.
Unsuccessful applicants can have their applications and supporting material returned to them if they wish, or the Membership Subcommittee will arrange for the material to be properly destroyed after 40 days if no appeal is lodged. cj) Membership Register The Secretary will ensure that the status of Members (tenanted, on leave, medical exemption, retired, terminated, deceased or resigned) is kept up to date on the Register of Members.
Member Tenants who vacate the property will, as of the date they vacate, be deemed to have resigned their membership. ck) Education and Training All Members are required to willingly attend training to fulfil the requirements of their role. Training includes the training provided by CPG or relevant training provided elsewhere. cl) Negotiating Participation When a Member Tenant (or Non Member Tenant seeking membership) knows they will have difficulty achieving the requirement of attendance at meetings, they must initiate a discussion with the Membership Subcommittee and negotiate alternative ways to participate to ensure they are doing their fair share of work.
In the case of a Member, this agreement will be formalised in writing as an attachment to the Member’s Participation Agreement.
In the case of a Non Member Tenant, this agreement will be formalised in writing as an attachment to the Membership Application Form.
cm) Coming of Age Before the resident child of a Member turns 18 years of age, the Member is required to lodge an Extra Person’s Application. (This can also be done at the commencement of a tenancy.) cn) Leave 2 years after they have achieved membership, Members are entitled to apply for Leave for a period specified below.
Applications for Leave must be made in writing and will be automatically granted by the Co- operative’s Membership Sub-committee in the following circumstances: 72 recreation (no reason required) – up to four weeks per year compassionate grounds – up to four weeks new Extra Person under 16 years old in the household - up to four weeks per year death of a partner or child residing in the household – up to three months.
Members can also apply in writing to a Committee of Management meeting for Leave for Extenuating Circumstances. Comment will be provided by the Membership Coordinator before the request is decided by secret ballot by a Committee of Management meeting. At their discretion, the Membership Coordinator can also make a written application for Leave for Extenuating Circumstances on behalf of a Member.
The Member will be informed in writing of the decision as soon as practicable after the Subcommittee or Committee of Management meeting has made its decision, and will be advised of their right to appeal an unfavourable decision. co) Medical Exemption from Participation The Co-operative requires that all its members participate to the best of their ability and in accordance with the Participation Indicators.
However, the Co-operative recognises that from time to time a Member’s health circumstances may require their role to be modified to take account of illness or disability.
The Co-operative also recognises that from time to time a member may because of ill health be temporarily unable to attend General or Sub-Committee meetings or carry out the responsibilities associated with an office bearing or coordinating role. In such a situation the Member is required to seek a medical exemption from participating in the management of the Co-operative.
Members who have been granted a Medical Exemption are not required to meet Participation Indicators 3-7.
Medical Exemption does not exempt the Member from meeting the requirements of the Tenancy Agreement.
Applications for a medical exemption will be decided by a Committee of Management meeting and can be granted for a maximum of six months at a time.
If a member becomes unwell or has a disability which prevents them from meeting their responsibilities to the Co-operative and the member does not either negotiate modified participation or seek a medical exemption from participation, then the Co-operative will treat this as a Stage 1 Breach and will take further action.
Grounds for applying for a Medical Exemption
Members who are ill, injured or have a temporary medical condition (including episodic or chronic conditions) may apply for a medical exemption for a specified period of time.
Members with reduced capacity due to a temporary illness, injury, temporary medical condition or a physical or psychiatric disability still have a responsibility to the Co-operative and are expected to negotiate a modified role with the Membership Sub-Committee. 73 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Grounds for granting a Medical Exemption
a) A member will be granted a Medical Exemption if the member has provided a properly signed and dated Medical Certificate To Support An Application for Medical Exemption From Participation form. b) The Medical Practitioner has deemed they are, on medical grounds, unable to participate for at least 4 hours per month in even a modified activity.
Grounds for refusing a Medical Exemption
An application for a Medical Exemption will be refused if:
a) the Member has refused to participate in a discussion with the Membership Officer or Membership Sub-Committee about a modified role, or b) the member has not provided a properly signed and dated Medical Certificate To Support An Application for Medical Exemption From Participation form.
Procedures for Medical Exemption applications
1. The Member will contact the Membership Officer to explain the circumstances (providing only as much information as the Membership Officer needs to understand the situation)
or
1. The Membership Officer becomes aware or becomes concerned that a Member may be ill, injured or has in some way become incapacitated and initiates contact with the Member.
2. The Member and Membership Officer have a discussion about whether:
the current role can be modified for a time, or
another role is more suitable, or
the Member should apply for a Medical Exemption.
This discussion will take account of the fact that Co-operative expects every Member to contribute to the best of their ability.
3. An alternative or modified job description (marked as ‘modified’ in the title) will be provided by the Membership Officer to the Member as soon as practicable. The modified job description will include a review date.
4. The final decision about whether or not to apply for a Medical Exemption will be made by the Member. If the Member chooses to make an application, the Member shall provide a copy of the Medical Certificate To Support An Application for Medical Exemption from Participation to their medical practitioner with a copy of their modified Job Description.
5. The original copy of the signed and dated Medical Certificate To Support An Application for Medical Exemption from Participation and a covering letter from the Member
74 must be provided to the Membership Subcommittee and are central to the Subcommittee’s decision making process.
6. The Membership Sub-Committee shall consider the application, takin gin to account the Limits on Number of Retired Members, Members On Leave or Members With A Medical Exemption and make a recommendation to next Committee of Management meeting.
7. The Committee of Management meeting shall consider the recommendation and shall resolve to accept, reject or amend the recommendation.
8. The Membership Officer shall inform the Member in writing of the decision as soon as practicable after the meeting. The letter will include information about the Member’s right to and the process for appealing against an unfavourable decision.
cp) Retired Members Members over XX age who have participated in the management of the Co-operative for at least 10 years (not including time on leave or medical exemption) are eligible to be granted ‘Retirement’ in recognition of their contributions over time.
Retired Members are not obliged to meet Participation Indicators #3-7. However, Retired Members are able to negotiate a less demanding role or specific duties with the Membership Subcommittee if they wish.
Retired Members maintain continuous voting rights and attendance rights for all meetings and enjoy all the other rights and privileges provided to other Members.
Retirement does not exempt the Member from meeting the requirements of the Tenancy Agreement.
Any three Members can use the Retirement Application Form to propose that a Member be awarded the status of ‘retired’.
The Membership Sub-Committee shall consider the application and make a recommendation to next Committee of Management meeting or the one after.
The Committee of Management meeting shall consider the recommendation and shall resolve to accept, reject or amend the recommendation.
The Membership Officer shall inform the Member of the decision as soon as practicable after the meeting.
The Membership Officer shall inform the Member in writing of the decision as soon as practicable after the meeting, and of their right to appeal an unfavourable decision. cq) Rights and Obligations of Retired Members, Members On Leave or Members With A Medical Exemption Because Members On Leave, Members With A Medical Exemption and Retired Members retain their right to attend meetings if they wish and to vote (either in person or by proxy), and because they can be recalled at any time, they are entitled to receive notice of all General, Special and Annual Meetings. 75 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Because they still share a degree of responsibility for the proper management of the Co-operative, such Members are responsible for keeping themselves informed on matters concerning the Co- operative.
Retired Members, Members On Leave and Members With A Medical Exemption must continue to meet the requirements of the Tenancy Agreement. cr) Limits on Number of Retired Members, Members On Leave or Members With A Medical Exemption
In order to meet its own legal and management responsibilities the Co-operative limits the number of inactive Members (Members on Leave, Retired Members or Members With A Medical Exemption) to 15% (ignoring any fraction) at any one time.
Members can be recalled for Committee of Management meetings, if, in the opinion of the majority of the active Members, the numbers have reached a level where the proper management of the Co- operative is jeopardised.
Only the number of Members required to properly manage decisions or business will be recalled.
Members will be recalled taking into the account the circumstances of the Co-operative and the known circumstances of each of the Members at the time.
The time on ‘recall duty’ will not count as time on Leave or Medical Exemption. cs) Changed Needs The Co-operative recognises that over time a Member’s housing needs may change and that not all Member Tenants will be eligible for Retirement from membership responsibilities.
The Co-operative will sensitively make every effort to provide timely information and support about other social housing options to a Member who is no longer able to manage their tenancy or their membership obligations because of advancing age, physical or mental ill-health or disability (or other factors which prevent the person from sharing in the responsibility of managing the Co- operative).
The Tenancy Coordinator will promptly provide rent and character references if requested for a Tenant Member who needs to move to other social housing options, private rental or aged care.
ct) Breach of Membership Obligations Breaches of the Code of Conduct The importance of a relationship based on trust between the Co-operative’s Members is essential to good governance of the organisation. All suspected breaches of the Code of Conduct or any other situation relevant to the relationship of trust between the members will be promptly and thoroughly investigated.
Suspected breaches are to be reported to the Membership Officer and or the Membership Subcommittee. 76 Depending on the nature of the issue, such investigations will be conducted by the Membership Subcommittee or an external party. Investigations will apply the principles of procedural fairness.
The Membership Subcommittee will give written notice of the breach to the Member. The Member will be given a right of reply to the notice. The Membership Subcommittee will interview relevant parties and scrutinise documents or records or other sources of information to investigate the circumstances of the suspected breach.
If the investigation finds a breach of the Code of Conduct, appropriate remedial or disciplinary action must be taken. This will range from requiring the Member to undertake training through to recommending to the Committee of Management that membership be terminated.
The level of remedial action or discipline will depend on:
the seriousness of the breach whether it was done intentionally or maliciously if there have been previous warnings about this type of breach given by the Membership Subcommittee to the person/people involved whether there are any circumstances (known as mitigating circumstances) that mean disciplinary action should not be less severe on this occasion.
The Membership Subcommittee will advise the Member in writing of the outcome of its investigation, what action is required and the Memher’s right to appeal the decision.
The Membership Subcommittee will provide a summary of the situation to the next Committee of Management meeting.
Two confirmed breaches of the Code of Conduct will result in the Membership Subcommittee recommending that membership be terminated.
Other Breaches - Stage 1 In the event that the Membership Subcommittee believes that a Member has failed to meet other obligations of membership, the Membership Subcommittee will require the Member to meet with it at the earliest possible opportunity to discuss:
reasons that the Member has not been meeting their obligations ways that the Member can fulfil their obligations to the Co-operative the consequences if the Member does not meet their obligations.
The Member will be advised that they are entitled to bring an advocate or support person if they wish who may speak on their behalf.
The original copy of the Minutes of this meeting shall be kept in the Member’s file and a copy provided to the Member.
Stage 1 breaches do not need to be reported to a Committee of Management meeting.
77 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Other Breached - Stage 2 In the event that the Membership Subcommittee still believes that a Member has failed to meet the obligations of membership, the Membership Subcommittee will require the Member to meet with it at the earliest possible opportunity and again discuss ways that the Member can fulfil their membership requirements.
The Member will be advised that they are entitled to bring an advocate or support person if they wish who may speak on their behalf.
In discussion with the Member, the Membership Subcommittee will draw up a Member Obligation Contract to be signed by the Membership Coordinator and the Member, which shall contain requirements for participation that are both reasonable and measurable.
The original copy of the Minutes of this meeting shall be kept in the Member’s file and a copy provided to the Member.
The next Committee of Management meeting will be advised that a Stage 2 meeting has been sought with the Member or that a Membership Obligation Contract has been signed. Stage 3 Breach Breaching the Tenancy Agreement by using the premises or allowing the premises to be used for any illegal activity or refusing to remedy a breach of the Tenancy Agreement are Stage 3 breaches of the Membership obligations.
Refusing to sign or failing to comply with their Member Obligation Contract are Stage 3 breaches of the Membership obligations.
The Membership Subcommittee can also form the opinion that behaviour which is inconsistent with the Co-operative’s Participation Indicators can be grounds for recommending a Stage 3 breach.
One or more Stage 3 breaches will cause the Membership Subcommittee to recommend to the next Committee of Management meeting that the person’s membership be terminated. cu) Terminating Membership Once the Committee of Management has agreed to consider the Membership Subcommittee’s recommendation that a person’s membership be terminated, a Special General Meeting will be called by the Secretary in accordance with the Rules.
The Member shall be given at least 14 days notice in writing of the meeting by the Co-operative. This notice shall include:
• the Member’s obligations • the attempts made by the Co-operative to have the Member meet those obligations • evidence of the Member’s failure to meet those obligations • notice of the meeting at which the recommendation will be made • an explanation that the termination of the membership will mean their Tenancy Agreement will also be terminated • an explanation that the termination of their Tenancy Agreement will result in them being given 60 days notice to vacate the property
78 • an invitation to present their case to against the recommendation to the Members at the Committee of Management meeting, or have an Advocate do so • an explanation of the Member’s right to appeal the decision of the Special General Meeting in accordance with the Co-operative’s Appeals Bylaw.
At the meeting the Chairperson will ask the Membership Coordinator to present the Membership Subcommittee’s case for terminating membership. The Chairperson then invite the Member to speak or provide information to the Committee of Management meeting (or have their Advocate do so). The members will then be given an opportunity to ask questions of the Membership Subcommittee or the Member. The Member will then be asked by the Chairperson to leave the room for the final discussion and for the secret ballot vote on the motion.
In accordance with the Rules, a motion to terminate membership must be carried by 75% of the members present.
The Membership Coordinator will advise the person in writing of the Co-operative’s decision at within 7 days and of their right to appeal an unfavourable decision.
If the motion to terminate membership is carried:
1. the person’s name will be removed from the Register of Members 2. the Tenancy Coordinator will, with procedural advice from the Consumer and Business Services, Advice and Conciliation Branch, serve the Non Member Tenant with a Residential Tenancies Act Form 3 with 60 days notice 3. the Rent Coordinator will make adjustments to the rent payable according to the change in status from Member Tenant to Non Member Tenant.
If the former Member lodges an Appeal, the Membership Coordinator will immediately seek advice from the Appeals Coordinator.
The Co-operative is not obliged to provide anything other than tenancy history information to other housing organisations, agencies or private landlords who seek comment about the former Member. cv) Criminal Convictions Non Member Tenants and Members who have been convicted of a child pornography, violence or any sexual offence or a major indictable offence will be considered to have breached the Code of Conduct and to pose unacceptable risk to the Tenants and Members of the Co-operative and will have their membership terminated (or refused) and their tenancy terminated.
79 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014 Amendments to the template
(Delete this page from the final version put to your Members for adoption.)
May 2013
Tenancy Management Changed Tenancies Branch to Consumer and Business Services, Advice and Conciliation Branch
Tenancy Management - Alterations and Additions Added “…that is to ensure the provision of infrastructure or a service of a prescribed kind.” (late change to the Residential Tenancies Act)
Tenancy Management - Right of entry New section (in accordance with the changes made to the Residential Tenancies Act April 2013) replaces the old section
July 2013
Governance - Meeting Procedure Added “Members and Non Member Tenants must avoid being affected by alcohol or drugs including medically prescribed or over the counter drugs in the sense that their concentration, alertness and judgements about behaviour or items under discussion during the meeting may be impaired.”
Changed colour of policy headings from orange to grey (to provide greater visual contrast between the orange and the red used for sections which need customising).
October 2013
Removed the reference to the charging of a Pet Bond (the changes proposed in the Residential Tenancies Bill did not pass the Parliament).
February 2014
Governance – Budget – made minor additions Asset Management – Approvals of Maintenance Work - made minor additions Management Systems - Added new finance related policies: 80 Finance Reports Auditor’s Report Bank authorisations Procurement Payments Reimbursements Petty Cash Transaction Cards Surplus Funds Fraud Risk Management
Deleted Asset Management – Maintenance Approvals (because this is now covered by the new Procurement Policy).
April 2014 Governance – added Code of Governance, Delegated Authorities, Whistleblowers and Risk Management
June 2014 Management – Service Providers - added the NRSCH statement
81 0ab06f6e65fbfad704057494c9147735.docx Updated April 2014