Human Services Quality Framework Standard 1 (Governance and Management) GUIDE TO ELECTION OF GOVERNING BODY POLICY TEMPLATE ABOUT THIS POLICY AREA This policy guides how the organisation manages its compliance with relevant legislation, standards and guidelines and any other regulatory requirements. A written regulatory compliance policy will assist in meeting the requirements of Standard 1 (Governance and Management), Indicator 1. Standard 1 — Governance and Management Sound governance and management systems that maximise outcomes for stakeholders Indicator 1. The organisation has accountable and transparent governance arrangements that ensure compliance with relevant legislation, regulations and contractual arrangements. Policy checklist The following checklist will help you check that an existing policy covers this area adequately. The policy should: say who is responsible for monitoring regulatory requirements the organisation ( or specific services within the organisation) must comply with, and any changes to these requirements identify sources of information you typically use to monitor requirements and changes identify which legislation, standards and guidelines your organisation/services must comply with explain who decides what changes or actions are required within the organisation to maintain compliance detail processes for making and reviewing changes or actions contain clear procedures and actions indicate the timing of any actions show when it was approved show when it was last reviewed. COMPLETING YOUR REGULATORY COMPLIANCE POLICY Using the policy template The template provides some example statements. You can adapt these statements and include them in your policy or write your own statements to better suit the operations and services of your organisation. The policy templates include red text prompts to insert information that is specific to your organisation. There are also instruction sections, in blue italics, such as: Refer to the election of governing body policy template guide for questions and/or 1 Human Services Quality Framework Standard 1 (Governance and Management) examples to consider when customising this section. When you have completed the policy template, delete all the coloured text. For further information on using the policy guides, refer to the information in Using the policy templates and guides. Guidelines for each section of your policy 1. Purpose When identifying the purpose of the policy, consider how it might apply to the services you provide. Some services are more highly regulated than others. Are there implications for continued funding, service user confidence and opportunities to expand or seek new funding? Are there consequences for non-compliance? Do you need to make specific statements to ensure you are inclusive of particular groups, such as Aboriginal and Torres Strait Islander peoples, Australian South Sea Islanders, people from culturally and linguistically diverse backgrounds and people with a disability? 2. Scope In determining the scope of this policy, consider whether there different regulatory requirements within the organisation. 3. Policy statement If you are adopting the policy statement in the template, consider whether there are any additional commitments your organisation wants to make. In identifying the actions your organisation will take to implement this policy, consider including the following: Identifying relevant requirements and maintaining policies and procedures detailing our practices in relation to these requirements ( eg: Work Health and Safety) Monitoring changes to legislation, standards, funding conditions and current practice through membership of peak industry bodies, networking, training, and internet research, and use of consultants/advisors with expertise in the various areas affecting our operations. Identifying and making any necessary changes to our existing policies, procedures, paperwork, etc. to maintain compliance. Ensuring those affected are kept informed. This may involve information to clients, informing staff and may include staff training. Maintaining an Organisational Checklist or Calendar which details routine regulatory and compliance tasks as a guide to ensure that these tasks are completed when due. Monitoring and reviewing changes implemented to ensure that they are, indeed, compliant, and that there are no unintended consequences. Changes and improvements resulting from regulatory requirements are incorporated in the Continuous Improvement processes. 4. Procedures The procedures describe how your organisation achieves the aims and goals you have outlined in your purpose, scope and policy statement. 4.1 Identifying relevant requirements and monitoring changes 2 Human Services Quality Framework Standard 1 (Governance and Management) Who will be responsible for keeping up to date with regulatory requirements – legislation, standards and guidelines? This will possibly include more than one position, such as Service Coordinators with regard to funding requirements and standards, HR manager for employee responsibilities and awards. What sources of information do you access to keep up to date? This may include: • Membership of specialist or general peak bodies who provide regular advice about changes, employer bodies, etc. • Websites or newsfeeds which provide this information. • Communication with funding or regulatory bodies ( initiated by them or you) List legislation and other regulatory requirements your organisation or services must comply with. If you have multiple services with differing requirements, it may be more appropriate to put this into a table format, with general requirements for all, then specific requirements by service. This list would contain: • • • • • General legislation covering a range of services ( eg: taxation, record-keeping, incorporation) Specific standards depending on the source of funding Specific legislation relating to your service type ( eg: Domestic and Family Violence) Specific program guidelines ( eg: Community Care) Special purpose licensing (eg: Food preparation/serving) 4.2 Responding to changes in requirements Identify who has responsibility for determining what changes or actions are required to maintain compliance. This may include more than one position for different areas of compliance. Are there circumstances where your organisation may seek external advice about this? Consider the kinds of actions or changes which may be required and describe the processes for making changes and gaining approval. What changes or actions would require committee consideration or approval? Where changes to policies and procedures are indicated, the process would follow that in the Information Management policy, and you can simple make reference to that. Other actions may include staff information and training, or changes to routine training or induction materials. Explain how you will inform stakeholders about changes to requirements and operations. Stakeholders may include staff, volunteers and board members, other agencies you work with and clients. It may be helpful to list common materials which may also need to be changed to ensure consistency: forms and templates linked to policies, information brochures, agreements or forms used for clients or staff, promotional materials. Note if your organisation maintains an Organisational or Corporate Calendar, Checklist or similar system which triggers at least routine regulatory tasks which need to be completed, and identifies the person responsible. 4.3 Monitor and Review Changes Explain how you review the changes you have made to ensure that they have achieved compliance. Who is involved? How long after making changes are they reviewed? List any other external checks which are routinely made for your organisation or services, which monitor and report on compliance aspects. This may include audits or service reviews by funding bodies, and Human Services Quality Framework audits. 3 Human Services Quality Framework Standard 1 (Governance and Management) 5. Other related policies and documents List the other policies related to the regulatory compliance policy. The policy should be linked to: • • performance monitoring and reporting policy information management policy List other related organisational documents. This is likely to include current service agreements, licensing or compliance documents, internal and external audits, Continuous Improvement Plan/Register and Corporate Calendar or similar. 6. Review processes Consider how often the policy should be reviewed and the process for doing this: • • • • • • frequency of review: Most policies benefit from an annual review. The experience of implementing the policy is used to decide which changes are necessary. Consider reviewing your regulatory compliance policy as part of an annual review of your organisation’s governance-related policies or, if your organisation is small, perhaps over a three-year period. Critical incidents may prompt you to review the policy ahead of schedule. responsibility for the review: In most organisations, the board or management committee would be responsible for reviewing this policy in consultation with organisation members. process for the review: Decide which particular staff, volunteers, external people and organisations will provide input to the policy review, and whether clients will be involved. decision-making process: Who will review draft changes to the policy and approve changes? What will be the timeframe for the review process? documentation and communication: What records of the policy review process are needed? How will changes to the policy be communicated to staff implementing the policy? In a small organisation, this may be as simple as noting the changes at a staff meeting. In a larger organisation, an email memo may be needed. key questions for the review: Is the policy being implemented? Are procedures being followed? Is the policy clear? What has changed that may prompt a change to the policy? Have particular stakeholders had difficulty with any aspect of the policy? Can their concerns be resolved? How does the policy compare with that of similar organisations? 4