Safeguarding the Vulnerable in Your Charity: Are You Doing Enough?

Introduction

Safeguarding vulnerable people is a primary duty of care for every charity and a crucial part of its governance framework. This responsibility involves safeguarding the welfare and human rights of all individuals connected to the charity’s work, particularly any beneficiary who may be at risk of harm, abuse, or exploitation.

To meet their obligations under the Australian Charities and Not-for-profits Commission (ACNC), charities must navigate specific legal requirements, including the ACNC Governance Standards and, for those operating overseas, External Conduct Standard 4. This guide provides a practical framework for creating a robust safeguarding policy, helping your charity not only comply with these standards but also effectively safeguard vulnerable people and build a culture of protection.

What is Safeguarding & Who Are Vulnerable People

Defining Safeguarding for Your Charity

Safeguarding involves protecting the welfare and human rights of every person connected with your charity and its work. It is a crucial component of your charity’s governance and a primary duty of care that you owe to all individuals involved.

The focus of safeguarding is particularly on those who may be at risk of abuse, neglect, or exploitation. A strong safeguarding framework is essential for any charity to ensure it meets both its ethical and legal responsibilities for the protection of vulnerable individuals.

Identifying Vulnerable People in Your Context

While all individuals must be protected from harm, there are additional legislative and ethical considerations for safeguarding vulnerable people. A vulnerable person is generally defined as a child under the age of 18 or any individual who may be unable to care for themselves or protect themselves against harm or exploitation.

This vulnerability can arise from various circumstances, and it is important for a charity to recognise these factors. Vulnerable people can include:

Category of Vulnerable People	Reason for Potential Vulnerability
Children and seniors	More susceptible to harm due to their age.
Individuals with impaired intellectual or physical functioning	Ability to protect themselves may be limited.
People from low socio-economic backgrounds	Might face additional disadvantages.
Aboriginal or Torres Strait Islander peoples	May face specific cultural or social vulnerabilities.
Individuals who are not native speakers	May have low levels of literacy or language barriers.
People subjected to modern slavery	Includes forced labour, debt bondage, and human trafficking.

It is important to understand that vulnerability can be either permanent or temporary in nature. For example:

• Permanent vulnerability might include a long-term disability
• Temporary vulnerability could affect someone who has been displaced due to a natural disaster

Furthermore, the need to safeguard vulnerable individuals extends beyond the direct beneficiaries of your charity’s services. It also includes your staff, volunteers, and even individuals connected to third-party partners or suppliers. Recognising the different forms of vulnerability is the first step in being able to effectively protect vulnerable people.

Understanding Your Charity’s Australian Charities and Not-for-profits Commission Legal Obligations

Australian Charities and Not-for-profits Commission Governance Standards & the Duty of Care

While the ACNC Governance Standards do not use the specific term ‘safeguarding,’ they establish a clear duty for charities to protect vulnerable people. This responsibility is embedded within several key standards that govern how a charity must operate.

The standards require that a charity’s Responsible People act with care and diligence and in the best interests of the charity. Fulfilling this duty inherently involves taking necessary steps to safeguard vulnerable people from harm.

Two standards are particularly relevant to safeguarding obligations:

Standard	Core Requirement Related to Safeguarding
Governance Standard 3	Mandates that all charities must comply with Australian laws.
Governance Standard 5	Outlines the duties of a charity’s Responsible People, including the requirement to act with care and diligence.

Together, these standards create a foundational legal obligation for every charity to ensure the protection of vulnerable individuals connected to its work.

External Conduct Standard 4 for Overseas Operations

For charities that operate or send funds overseas, there are explicit legal requirements for the protection of vulnerable people. These are detailed in External Conduct Standard 4, which applies to:

• Activities your charity provides directly
• Activities you engage others to provide on your behalf

External Conduct Standard 4 requires a charity to take reasonable steps to ensure the safety of vulnerable individuals overseas. This standard applies where individuals are:

• Receiving services or benefits from programs provided by the charity or its partners
• Engaged by the charity or a third party to provide services or benefits

The ACNC does not prescribe exactly what constitutes “reasonable steps.” Instead, each charity must determine the appropriate actions based on its specific circumstances. These circumstances include:

• Size and resources
• Location
• Complexity of operations

Special attention should be given to high-risk activities, such as overseas volunteering and child sponsorship programs.

Key Elements of a Compliant Safeguarding Policy

Stating Your Commitment & Defining Key Terms

A policy that outlines your charity’s approach to safeguarding vulnerable people is a critical governance document. This document should begin by clearly stating your charity’s commitment to protecting the welfare and human rights of every person connected to your work.

It is essential to ground this commitment in your legal obligations, referencing relevant standards such as the ACNC Governance Standards and, if applicable, External Conduct Standard 4.

To ensure clarity for everyone involved, from staff to volunteers, the policy must define key terms. This helps create a shared understanding of fundamental concepts. Important terms to define include:

• Safeguarding: Explaining that this involves protecting people from harm, abuse, and exploitation as part of the charity’s primary duty of care.
• Vulnerable person: Providing a clear definition that covers children, seniors, and individuals who may be unable to protect themselves due to illness, disability, or other disadvantages.

Outlining Risks, Procedures & Responsibilities

The policy must detail the specific risks your charity has identified through a thorough risk assessment. Following this, it should outline the processes and internal controls established to manage and mitigate these risks effectively.

A crucial element is the clear definition of roles and responsibilities, ensuring everyone understands their part in the protection of vulnerable beneficiaries.

Your policy should also specify the following operational details to ensure it is a practical and effective tool for your charity:

Policy Component	Description / Requirement
Responsibility	Identify the senior person or people within the organisation ultimately responsible for managing safeguarding.
Third-Party Obligations	Extend safeguarding obligations to all partners and contractors, formalising this commitment through written agreements.
Supporting Resources	Include or reference other important documents, such as an incident response plan or vetting procedures.
Board Endorsement	The policy must be formally endorsed by the charity’s board to demonstrate leadership commitment and ensure implementation.

A Practical Framework for Managing Safeguarding Risks

Step 1: Identify & Assess Your Charity’s Risks

The first step in managing safeguarding risks is to conduct a thorough risk assessment. This process helps your charity identify potential harms, understand their likelihood and consequences, and determine the necessary policies and procedures to manage them. A risk assessment should be a methodical process tailored to your charity’s specific size and circumstances.

When conducting a risk assessment, your charity should:

• Think broadly about all individuals your charity affects and the potential forms of abuse or exploitation they could face
• Consider the risks present in all activities, including those carried out by partners, subcontractors, or within your supply chain
• Evaluate the potential consequences of an incident, including the impact on victims, your charity’s reputation, finances, and staff morale
• Consult widely with staff, volunteers, and beneficiaries through meetings, workshops, or surveys to gather comprehensive information

The ACNC’s Governance Toolkit and the National Office of Child Safety’s self-assessment tool are valuable resources that can guide your charity through this process.

Step 2: Prevent Harm with Internal Controls & Procedures

Once risks are identified, your charity must establish internal controls to prevent harm and mitigate risks. These controls are the policies, procedures, and systems that reduce the likelihood and consequences of an incident. It is crucial that these controls are formalised and address the specific risks your charity faces.

Examples of effective internal controls include:

• Due diligence: This involves conducting thorough research and background checks on staff, volunteers, and partners to minimise the risk of harm
• Segregation of duties and supervision: Implementing procedures to ensure that high-risk tasks are shared by more than one person can reduce opportunities for abuse
• Managing third parties: This requires ensuring that partners and contractors are capable of and committed to the protection of vulnerable people, which should be formalised through written agreements or contracts

A code of conduct for staff and volunteers can also serve as a powerful internal control, as it clearly outlines the expected standards of behaviour.

Step 3: Engage & Train Your Staff & Volunteers

Creating a positive safeguarding culture is essential for the protection of vulnerable people. This involves effectively engaging everyone connected with your charity by communicating expectations, raising awareness, and building a shared commitment to safety.

Communication can occur through formal channels like policies and training, as well as informal methods such as email updates and staff meetings. To foster a culture that values safeguarding, your charity’s leadership must embody the desired values and encourage others to do the same.

It is important to give staff and volunteers a voice, listening to their feedback and empowering them to take ownership of safeguarding responsibilities. Regular training ensures that everyone has the skills to identify risks and knows how to respond appropriately.

Step 4: Detect & Respond to Incidents Effectively

Your charity must have clear and effective systems for detecting and responding to any safeguarding concerns. This requires establishing confidential and accessible channels for people to provide feedback, raise grievances, or report suspected incidents of harm. It is vital to have measures in place to protect individuals who report concerns, often referred to as whistleblowers.

When an issue is raised, your charity must act promptly. An Incident Response Plan is a critical tool that guides your charity’s actions. This plan should:

• Assign clear roles and responsibilities for managing the response
• Outline the required steps for an internal investigation
• Provide guidance on when to report matters to external parties, such as the police or the ACNC
• Include a process for learning from the incident to improve future practices

The ACNC provides a template Incident Response Plan that can be adapted to your charity’s needs.

Step 5: Assure & Review Your Safeguarding Governance

Effective safeguarding governance requires continuous oversight and improvement. Your charity’s board is responsible for ensuring that all safeguarding policies, procedures, and systems are reviewed regularly. These reviews should occur at least annually and always after an incident to incorporate any lessons learned.

During a review, your charity should assess whether:

• Its policies are up-to-date with current legislation
• The policies reflect the risks associated with its work
• Staff and volunteers are following procedures correctly
• The systems in place are effective

Adopting an attitude of “commitment, compliance, and avoiding complacency” helps ensure that safeguarding remains a top priority and that your governance practices do not become outdated.

Conclusion

Safeguarding vulnerable people is a primary duty of care for every charity, requiring adherence to ACNC Governance Standards and the implementation of a robust policy. An effective safeguarding framework involves a continuous cycle of identifying risks, implementing preventative controls, training staff, responding to incidents, and regularly reviewing your governance to ensure the protection of vulnerable beneficiaries.

Following these obligations can be complex, but ensuring your charity is compliant is crucial. For specialised not-for-profit legal guidance on creating and implementing a compliant safeguarding policy, contact the experts at LawBridge today to ensure your charity is doing everything it can to protect its vulnerable people.

Frequently Asked Questions