WAO Policy Register

Document: POLICY SUMMARY

Date: 11 May 2023

Scope: Summary of policies, guidelines, charter

Confidential to: West Australian Opera

WEST AUSTRALIAN OPERA POLICY LOG

1. RESERVES POLICY

Approved by: Board

Reviewed by Finance and Audit Committee

Original Date and author: June 2002, General Manager

Scope: Reserves Policy

Last Reviewed August 2020

Responsibility Executive Director

2. FINANCE POLICY

Approved by: Finance and Audit Committee

Original Date and author: June 2010, General Manager

Scope: Finance Policy

Last reviewed: July 2020

Responsibility: Accountant

3. HEALTH POLICY

Approved by: Board

Reviewed by: Executive Director

Original Date and author: January 2009, General Manager, Education Manager

Scope: Health Policy

Last reviewed August 2020

Responsibility: Education Manager

4. SOCIAL MEDIA POLICY

Approved by: Executive Director

Original Date and author: June 2011, Executive Director

Scope: Social Media

Last reviewed July 2020

Responsibility: Marketing Manager

5. PRIVACY POLICY

Approved by: Executive Director

Original Date and author: June 2011, Executive Director

Scope: Privacy

Last reviewed July 2020

Responsibility: Marketing Manager

WEST AUSTRALIAN OPERA POLICY LOG

6. COMMUNITY ENGAGEMENT GUIDELINES

Approved by: Executive Director

Original Date and author: May 2013, Education Manager

Scope: Community Engagement

Last reviewed: August 2020

Responsibility: Education Manager

7. RECONCILIATION PLAN

Approved by: Executive Director

Original Date and author: June 2015, Education Manager

Scope: Reconciliation Plan

Last reviewed: August 2020

Responsibility: Education Manager

8. WORKING WITH CHILDREN

Approved by: Executive Director

Original Date and author: 31 May 2016, Education Manager

Scope: Working with Children Policy

Last review: August 2020

Responsibility: Education Manager

9. INVESTMENT POLICY

Approved by: Finance and Audit Committee

Original Date and author: November 2017, Financial Accountant

Scope: Investment Policy

Last review: August 2020

Responsibility: Accountant, Executive Director

10.

RISK ASSESSMENT POLICY

Approved by: Finance and Audit Committee

Original Date and author: June 2018 Mandy Damant (external)

Scope: Risk Framework and Assessment Policy

Last review: July 2020

Responsibility: Executive Director

WEST AUSTRALIAN OPERA POLICY LOG

11.

CORPORATE GOVERNANCE CHARTER

Reviewed by: Deputy Chair and Executive Director

Original Date and author: 2009, General Manager and Chairman

Scope: Corporate Governance Charter

Last reviewed August 2020

Responsibility: Executive Director

12. BACKSTAGE GUIDELINES

Reviewed by: General Manager

Original Date and author: June 2010, General Manager

Scope: Backstage

Last review: July 2020

Responsibility: Production Manager

13. ARTISTIC POLICY

Reviewed by: Board

Original Date and author: August 2020, Music Director

Scope: Artistic Policy

Last review: August 2020

Responsibility: Music Director

14. WHISTLEBLOWER

Reviewed by: Board

Original Date and author: March 2020, Executive Director

Scope: Whistleblower Guidelines

Last review: March 2020

Responsibility: Executive Director

15. RESPECTFUL WORKPLACE

Reviewed by: Board

Original Date and author: March 2020, Executive Director

Scope: Respectful Workplace Policy

Last review: March 2020

Responsibility: Executive Director

WEST AUSTRALIAN OPERA POLICY LOG

16. CODE OF CONDUCT DRAFT GUIDELINES

Reviewed by: Board

Original Date and author: March 2020, Executive Director

Scope: Code of Conduct

Last review: January 2020

Responsibility: Executive Director

17. SUCCESSION

Reviewed by: Board

Original Date and author: August 2020, Executive Director, Deputy Chair

Scope: Board and Management Succession Plan

Last review: August 2020

Responsibility: Executive Director

18. COVID19 SAFETY GUIDELINES

Reviewed by: Executive Director

Original Date and author: June 2020, Catherine Power

Scope: COVIDS19 Safety Guidelines

Last review: July 2020

Responsibility: WAO COVID Worksafe committee

19. COVID19 WORKING FROM HOME CHECKLIST GUIDELINES

Reviewed by: Executive Director

Original Date and author: March 2020, Executive Director

Scope: COVIDS19 Safety Guidelines

Last review: July 2020

Responsibility: WAO COVID Worksafe committee

20. COVID19 RETURN TO WORK GUIDELINES

Reviewed by: Executive Director

Original Date and author: June 2020, Catherine Power

Scope: COVIDS19 Return to Work guidelines

Last review: July 2020

Responsibility: WAO COVID Worksafe committee

WEST AUSTRALIAN OPERA POLICY LOG

21. COVID19 GUIDELINES FOR ARTISTS

Reviewed by: Executive Director

Original Date and author: June 2020, Catherine Power

Scope: COVIDS19 Guidelines for Artists

Last review: July 2020

Responsibility: WAO COVID Worksafe committee

22. COVID19 GUIDELINES UPDATED

Reviewed by: Executive Director

Original Date and author: June 2020, Catherine Power

Scope: COVIDS19 Guidelines

Last review: July 2022

Responsibility: WAO COVID Worksafe committee

23. MODERN SLAVERY

Reviewed by: Executive Director

Original Date and author: June 2021

Scope: Modern Slavery

Last review: June 2021

Responsibility: Management

24.

TOIL

Reviewed by: Executive Director

Original Date and author: June 2005

Scope: Time off in Lieu (TOIL) guidelines

Last review: March 2023

Responsibility: Management

25.

CYBER

Reviewed by: DRAFT

Original Date and author: 9 May 2023, Executive Director

Scope: Cyber Security guidelines

Last review: DRAFT

Responsibility: Management

WEST AUSTRALIAN OPERA RESERVES POLICY

Approved by: Finance and Audit Committee

Original date and author: June 2002, General Manager

Scope: Reserves Policy

Reviewed:

December 2010

December 2011

December 2012

December 2013

December 2014

December 2015

December 2016

February 2018

June 2019

August 2020

August 2022

Last updated: 24 August 2022

Responsibility Executive Director

RESERVES POLICY

The Reserves Policy outlines the company’s policy in relation to balance sheet reserves.

The policy was updated 24 August 2022 taking into account the investment portfolio established in 2021 and managed by JBWere.

RESTRICTED AND UNRESTRICTED RESERVES

The policy deals with restricted reserve funds and unrestricted reserve funds including the following:

1. Bendat Family Foundation (restricted)

2. Bel Canto Fund (restricted)

3. Production Loss Reserve

4. Capacity Reserve

5. Reserve Incentive Scheme (RIS)

6. COVID19 Recovery Reserve

RESTRICTED RESERVES

The principal amount of funds within restricted reserves may not be used other than in the case of:

1. Board of Directors approval for the amendment of this policy; and

2. Compliance with the authorisation requirements associated with the reserve, including state and federal government authorisation, as applicable.

The interest earned is to be applied in the manner specified by the organisation / institution / government body that directed the creation of the reserve.

UNRESTRICTED RESERVES

The principal amount of funds within unrestricted reserves may be accessed in specified circumstances, as described in this policy

RESERVES POLICY

1. RESTRICTED RESERVES

1.1 BENDAT FAMILY FOUNDATION

Date of Establishment

Investment

2006

Term Deposits held 2006-2022.

On 16 June 2022 confirmation was received that The Board of Bendat Foundation Pty Ltd as Trustee for the Bendat Family Foundation agrees with WA Opera’s proposal to invest the Foundation’s Fund in WA Opera within the JB Were portfolio. Ted Sharp, Director, Bendat family Foundation Pty Ltd

preserved.

fund Bendat Scholarships for Young Artists

The Bendat Family Foundation gave an initial donation of $100k in 2006 with further gifts received as outlined in the table above (refer to Deeds of Gift) and the capital currently stands at $500k.

WA Opera acknowledged and agreed with the Donor that upon receipt of the Gift from the Donor, such donations would be dealt with in the following manner:

(a) WA Opera to establish a discrete bank account dedicated to the Bendat Scholarship Fund for the deposit of the Gift;

(b) The Scholarship Account must be maintained at all times with a recognised Australian Bank and be an interest-bearing account with such bank; and

(c) Any interest earned on the Scholarship Account shall at all times be applied to the grant of any Bendat Scholarship and no other purpose.

Investment

Access

1.2 BEL CANTO FUND

The funds are invested with JBWere a/a July 2022

The Bendat Family Foundation fund is a capital fund with the annual interest component contributing to annual Bendat Scholarships. Also refer to Bendat Family Foundation Deeds of Gift.

Date of Establishment 2008

Investment

Term Deposit 2008-2022. Invested with JBWere a/a July 2022

Restrictions Principal amount to be preserved.

Interest Applied To fund the company’s ambitions on an ongoing basis

Background

In 2008, an anonymous donor gave an initial donation of $50k to establish a fund be known as ‘the Bel Canto Fund’ to assist WAO with its efforts to realise its continuing ambitions as a major operatic performing arts company in Australia. A further donation of $50k was received in 2008 and subsequent donations have increased this fund to $150k. The initial letter of establishment stated that the donations were to be banked in a discrete interest-bearing account of the fund with the agreed intention that interest but not the principal will be applied by WAO to fund its ambitions on an ongoing basis. Further, the letter stated that ‘I or members of my family may provide further donations in future years. At this stage it is intended that the donation is made on a strictly anonymous basis’.

Investment The funds are invested with JBWere a/a July 2022

Access

The Bel Canto Fund is a capital fund with the annual interest component contributing to annual operating costs.

RESERVES POLICY

UNRESTRICTED RESERVES

2.1 PRODUCTION LOSS RESERVE

Date

Term Deposit or other as deemed appropriate by the board

No restrictions. Funds may be accessed upon approval by the Board of Directors. Interest

Restrictions

Investment

This unrestricted reserve was established by the Board of Directors of WAO to provide against costs incurred should a production or a number of performances of a production be cancelled due to the unavoidable unavailability of artists or other essential personnel.

The funds are invested in accordance with the terms of the Investment Policy.

Access The production loss reserve is an unrestricted reserve which may be accessed as authorised by the Board of Directors.

Review The Finance & Audit Committee will review the level of this reserve on an annual basis.

2.2 CAPACITY RESERVE

Term Deposit or other as deemed appropriate by the Board

No restrictions. Funds may be accessed upon approval by the Board of Directors

Background

Investment

This reserve was established to provide against additional development costs incurred in the presentation of additional production seasons in future years.

The funds are invested in accordance with the terms of the Investment Policy. Access The capacity reserve is an unrestricted reserve which may be accessed as authorised by the Board of Directors.

Review The Finance & Audit Committee will review the level of this reserve on an annual basis.

RESERVES POLICY

2.3 RESERVE INCENTIVE SCHEME (RIS)

Date of Establishment 2002

Current Investment Term Deposit 2002-2021; now held with JBWere Restrictions

Principal amount to be preserved to assist in maintaining a desired level of reserves of 20% of the company’s annual operating costs.

Escrow

Background

$300,000

Escrow ended 12 April 2019

The Final Report of the Major Performing Arts Inquiry (2001) noted that the level of reserves maintained by major performing arts companies at that time was inadequate and recommended that an incentive program, coupled with a clear reserves policy agreed by governments, would allow this to be addressed. The Cultural Ministers Council accepted these recommendations, agreeing to a reserves policy that allows companies to build reserves to 20% of their annual costs without adversely affecting their annual base grant and to the establishment of a Reserves Incentive Scheme. Extract of original terms 1

Investment

The funds are invested in accordance with the terms of the Investment Policy.

Access RIS reserves were held in escrow until advised by the Australia Council on 12 April 2019 that:

The escrow period detailed in your Reserves incentive Scheme has ended and you have reached above the reserve ratio of 20% as outline in the agreement. You will no longer be required to report separately on the funds held and you can use the funds in accordance with your reserves policy.

Review The Finance & Audit Committee will review the level of this reserve on an annual basis.

1 The Reserves Incentive Scheme is designed to encourage and assist the companies to strengthen their balance sheets by building reserves to a level that is sufficient to underpin their financial health and provide a base from which they can take appropriate artistic and access risk. It will assist the companies to change their long-term financial dynamics so they become more self-reliant and can turn to their own resources when they encounter difficulties.

In addition, Governments agreed that 20% of annual costs should be the target level of reserves that companies should work towards. Therefore, where a company has already achieved this target, ie it has net assets of 20% or more of its annual costs, it will not be eligible to access Reserves Incentive Scheme funds. Governments have determined the maximum amount of funds available to each eligible company under the Scheme.

Guidelines for the Reserves Incentive Scheme and a mechanism for determining a company’s ability to access the Scheme have been agreed by Commonwealth and State Governments and are attached (Attachments A and B). Governments agreed that, in any year, companies’ claims for Reserves Incentive Scheme funding will be jointly assessed by the relevant funding agencies and their decision regarding the level of Governments’ contributions will be final. In assessing a company’s claim for Reserves Incentive Scheme funding, the relevant funding agencies will consult with the company and will require access to such audited information as is reasonably necessary to determine the level of Governments’ contributions.

The tripartite agreement (2002, Schedule B, Page 20, Section D) noted that The desired level of reserves is 20% of costs. A clearly delineated strategy to achieve the Company’s nominated level of reserves is required, including investment policy and a policy on accessing the reserves. If the Company chooses to accumulate its reserves in a Foundation (or similar legal structure) then details of the structure and relationship to the Company are to be submitted to the Fund and the Agency.

The Reserves Policy was originally drafted in 2002 in response to the requirements of the tripartite agreement between the company and state and federal governments, for governments’ Reserve Incentive Scheme.

RESERVES POLICY

2.4 COVID19 RECOVERY RESERVE

Date of Establishment

Investment

Restrictions

1 January 2021

Term Deposit or other as deemed appropriate by the Board

Funds may be accessed upon approval by the Board of Directors.

Interest Applied Annual operating costs of WAO

Principal To be determined by the Board following discussion of YE31 December 2020 result

Background

COVID19 impacted the ability of the company to present work in 2020; with the cancellation of shows and associated cancellation of expenses the YE 2020 will return surplus funds. These funds to be held in a COVID19 reserve to be drawn upon at the discretion of the Board. The use of this reserve is expected to contribute to the Two-Year Recovery Plan 2021-2022.

Investment

Funds invested in accordance with the terms of the Investment Policy.

Access This reserve is an unrestricted reserve which may be accessed as authorised by the Board of Directors.

Review The Finance & Audit Committee will review the level of this reserve on an annual basis.

WEST AUSTRALIAN OPERA FINANCE POLICY

Original Date and author: June 2010, General Manager

Scope: Finance and Audit

Reviewed: 31 March 2013

31 March 2014

31 March 2015

31 March 2016

29 November 2017

Last reviewed: 30 August 2020

Responsibility: Executive Director , Accountant

WEST AUSTRALIAN OPERA FINANCE POLICY

This Finance Policy is to be read in conjunction with the Corporate Governance Policy including Section 2 and 3 (included here in the footnotes as Section 2.11 Page 10 ‘Finance Committee’ 1 and Section 3.1 Page 11 ‘Key Board Functions’ 2.)

The Board has delegated responsibility for the operation and administration of the company to the Executive Director

The Finance and Audit Committee of the board ‘monitors the financial position of the company, to finesse budgets, and to provide financial information from the company to the board via this subcommittee’.

1. SIGNATORIES

Authorised signatories to current accounts are the Executive Director and Accountant (with back up authorised signatory Financial Accountant) ‘any two signatories’ authorised to sign cheques

2. ONLINE BANKING

The majority of transactions are carried out through the National Australia Bank ‘nab connect’ online banking system which is set to ‘high level’ security Authorised online token holders are the Executive Director and Accountant) each have independent passwords and tokens and a ‘one-use password’ is required for every transaction.

3. APPROVALS

The board delegates authority to the Executive Director. The Executive Director and Accountant to jointly approve all transactions. The daily online banking limit is capped at $50,000; the limit can be temporarily increased to enable transactions such as:

1. the movement of large amounts between accounts

1 2.11 Finance Committee

2.11.1 Risk Management and Financial Controls

• Review adequacy of the budgetary process

• Review the budget and performance in detail

• Monitor corporate risk and risk management

• Monitor effectiveness of financial controls

• Consider and review the scope of work, reports and activities of the external auditor

2.11.2 Policies, Systems and Reporting

• Review insurance matters and adequacy of insurance cover

• Evaluate the adequacy and effectiveness of risk management, operating and accounting policies, control systems and reports to ensure compliance with relevant legislation, accounting standards and prudential standards.

• Review annual financial reports and statements

2 Section 3 – Key Board Functions

3.1 Delegation of Authority

The Board has delegated responsibility for the operation and administration of the company to the Executive Director. The Board is responsible for ensuring that objectives and activities are aligned with the expectations and risks identified by Management and the Board. The Board has a number of mechanisms in place to ensure this is achieved and include the following:

• Board approval of strategic plan

• Active involvement in developing and approving initiatives and strategies designed to ensure the continued growth and success of the company

• Approval of operational plans and budgets and

• monitoring progress against approved budgets;

WEST AUSTRALIAN OPERA FINANCE POLICY

2. fortnightly payroll and superannuation payments

3. taxation payments

4. end of production payrolls

4. CREDIT CARDS

Credit card statements and supporting documentation are jointly reviewed and approved by the Executive Director and Accountant.

Credit cards are for authorised use by the primary card holder and may include authorisation of bookings made for artist travel and accommodation as well as for production and supplier requirements.

The total of credit card limits held by the company is $14,000 allocated as follows:

5. PETTY CASH

Petty cash is held by production and wardrobe during rehearsal and performances.

Expenditure is reviewed and approved by the Executive Director and Accountant against regular reconciliations which are supported by receipts.

The total petty cash held by the company is $1,000 as follows:

6. TERM DEPOSITS

Refer to the Investment Policy for policy around term deposits.

The company holds insurance cover for a number of risks. The company’s insurance broker meets in Q4 each year to review insurance requirements. Insurances held include, but are not limited to:

1 Business Insurance

2 Marine Transit

3 Business Travel

4 Workers Compensation

A schedule of insurance policies is presented to the Finance & Audit Committee in Q4 each year prior to renewal.

7. INSURANCE

WEST AUSTRALIAN OPERA HEALTH POLICY

Reviewed by: Executive Director

Original Date: January 2009

Scope: Health Policy

Last reviewed: August 2020

Responsibility: Education Manager

This Health Policy has been drafted in response to Healthway guidelines. The company receives support from Healthway and works to support and promote the Act-Belong-Commit health message The company has a long-standing non-smoking policy and operates an ongoing smoke-free environment. The promotion of a healthy life style for employees, artists, audiences and programme participants is encouraged.

1. Tobacco

Non- smoking policy includes:

1.1 promoting outdoor venues as Smoke-free environments

1.2 Promoting all indoor functions as Smoke-free environments

1.3 Ensuring that Tobacco products will not be sold by the company or on any premises under its control.

1.4 Promoting a non-smoking environment to all staff and performers engaged by the company

2. Catering

WAO recognises the role that good nutrition has in promoting health and optimal performance and will ensure that:

2.1 Where food is available at events healthy choices will be available

2.2 Water is available for staff and performers

3. Alcohol and other drugs

To minimise harm from alcohol and other drugs, WAO will ensure:

3.1 Responsible service of alcohol

3.2 Provision of non-alcoholic and low alcohol alternatives at all functions hosted by the company

3.3 Limiting service of alcohol at functions (eg one hour of drinks service at post performance functions)

3.4 Not serving alcohol to an intoxicated person

3.5 Limited sponsorship of alcohol (only one alcohol sponsor)

3.6 Staff are advised not to drink while representing the company

4. Sun protection

WAO will endeavour to minimise exposure to ultraviolet radiation at outdoor events through:

4.1 Provision of sunscreen to staff working at outdoor events and functions

4.2 Encouraging staff working at outdoor events to wear hats and long sleeved t-shirts

4.3 Conducting outdoor activities outside of peak sun hours (10am-3pm), where possible

5. Mental Health

5.1 WAO recognises that the creation of a positive environment that encourages and supports involvement will have a positive effect on the mental health and wellbeing of its members and the community. Company members will be expected and encouraged to treat all individuals and groups with respect and courtesy.

5.2 WAO will support a positive mental health working environment through:

• The opportunity for employees to disclose confidentially that they experience a mental illness.

• WAO will endeavour to seek appropriate support where requested.

• Disclosure will not jeopardise employment

• WAO will endeavour to offer flexibility in the workplace to accommodate need

WEST AUSTRALIAN OPERA SOCIAL MEDIA GUIDELINES

Reviewed by: Executive Director

Original Date: 2015

Scope: Social Media Policy

Last reviewed: June 2022

Responsibility: Marketing Manager

WEST AUSTRALIAN OPERA SOCIAL MEDIA GUIDELINES

These guidelines have been drafted to set expectations around social media and online activity and to assist in understanding expectation and etiquette around company representation and branding. The company seeks to establish a safe and productive work environment that values and encourages respect, trust and confidentiality and we seek your assistance in upholding these values Please contact the company with any queries.

1. Electronic devices are not permitted backstage or during rehearsals and performance. This measure ensures both privacy and concentration for artists as they work.

You are permitted to capture your rehearsal journey with images prior to, after your call or whilst on a break. You are personally are responsible for obtaining explicit consent of artists whose images are to be shared.

2. Images and video shared by artists may be reposted by West Australian Opera. Please use appropriate tags @WestAustralianOpera

3. As a representative of the company, or where you are associated with or identified with the company, it is your responsibility to promote the best interests of the company and to maintain confidentiality at all times. You are encouraged to act with honesty and integrity.

4. When using social media to comment about the company please be authentic and please disclose your affiliation with the company.

5. If in doubt, please err on the side of caution and do not post to social media or other forums. You are personally responsible for your words and actions. Ensure accuracy and exercise sound judgment, common sense and courtesy

6. Please do not use demeaning or inflammatory language that could be interpreted as slurs or negative comments about yourself, your colleagues or your company.

7. Remember that online statements, referencing the company, can be held to the same legal standards as other traditional media communications

8. Remember that the internet is permanent. Once information is published online, it is essentially part of a permanent record, and remains online even if removed or deleted;

9. Respect copyrights and intellectual property. Always give people credit for their work, and make sure you have the right to publish or use material, photographs and images.

10. All company representation must adhere to the company’s marketing plan and brand values. Queries can be addressed to WAO Marketing Manager at marketing@waopera.asn.au

WEST AUSTRALIAN OPERA SOCIAL MEDIA GUIDELINES

11. Unless specifically authorised to make statements on behalf of West Australian Opera, please ensure your audience is aware that views and opinions expressed are yours alone and do not represent the views and opinions of the company.

12. Do not reference other West Australian Opera employees, contractors, clients, partners and suppliers without their authorisation.

13. You may not use West Australian Opera logos or trademarks unless authorised to do so

14. When referring to the company, please use:

West Australian Opera

This is the full name and should always be used where possible.

WAO

The abbreviation, WAO, is permitted for use on social media.

The brand is not referred to as WA Opera.

WEST AUSTRALIAN OPERA PRIVACY POLICY

Reviewed by: Executive Director

Original Date: 2015

Scope: Privacy Policy

Last reviewed: July 2020

Responsibility: Executive Director Marketing Manager

POLICY

West Australian Opera recognises the importance of protecting your privacy and your right to keep your personal information private. In the course of our functions and activities we use the information we collect about you to process donations, to send you information and to provide a more personalised service.

What information we collect

The kind of information we generally collect and hold about a person is their name, email address, postal address and other contact details. Information relevant to your relationship with us may also be collected, such as transaction details, indicated seating and event type preferences and details of donations and other support provided to the organisation.

Collection of Personal Information

West Australian Opera will collect information directly, or via third party ticket sellers or service provider acting on West Australian Opera’s behalf, from the individual when they purchase tickets, subscribe, join our mailing lists or make a donation.

When You Become a Donor

We ask you to provide your full name and contact details including address, day and evening telephone numbers and email address. If you are paying your donation by credit card, you are required to provide your credit card name, number, expiry date & CSV. The online donation process commences at WAO’s website and is completed through a secured server.

When You Sign Up for our Mailing List

When you sign up for the WAO e-newsletter we ask you to provide your name and email address. You can unsubscribe from our e-newsletter or be taken off our general mailing database at any time by contacting West Australian Opera and requesting your details be removed.

When You Book an Education Program

We ask you to provide your name and position, along with the name of your school and details relating to the group/s and times of year for which you wish to book. We use this information to process your booking and contact you to check, alter or confirm details of your participation in the education program you have chosen.

Purchasing a Ticket to West Australian Opera

West Australian Opera’s tickets are sold through Perth Theatre Trust. Please see Perth Theatre Trust privacy policy at https://www.ptt.wa.gov.au/privacy/ for more information.

Usage of data

West Australian Opera may use information that we collect to provide our patrons with information that they may find useful. This includes, but is not limited to:

• Marketing Information

• Special Offers

• Season Brochures

WEST AUSTRALIAN OPERA PRIVACY POLICY

West Australian Opera will only use personal information in the promotion of events that we consider likely to be of interest to our patrons and that they have opted in to receive.

Storage

Information collected is stored electronically and secured on a server accessible only by password. West Australian Opera takes all reasonable steps to ensure the security of personal data we hold from risks such as loss or unauthorised access, destruction, use, modification or disclosure of data.

Disclosure

West Australian Opera understands the importance of keeping your information private, and only discloses your personal information to third parties in certain circumstances.

• Service providers that assist with certain functions, performances, events and activities, in which case we impose appropriate privacy obligations on the service provider (e.g. we may use mailing houses to send information and materials to you)

• Government and regulatory authorities and other organisations, as required or authorised by law

• A service provider for the purpose of sending you information from our sponsors or other arts companies

• Market research company for the purpose of understanding our market

• For purpose of Health and Safety, the contact information you provide may be used for contact tracing purposes if necessary, is stored securely and will be deleted 28 days after State of Emergency Directions expire (as necessary).

Accessing and Correcting Information

Please contact West Australian Opera for any enquiries regarding access to your personal information, the updating of your information, complaints and information on usage.

Should you have any questions on this policy, or the way we handle your information, please contact administration@waopera.asn.au

WEST AUSTRALIAN OPERA COMMUNITY ENGAGEMENT POLICY

Approved by: Executive Director

Original Date and authors: 14 May 2013 Education Manager, General Manager

Scope: Working with Children Policy

Last review: 2 September 2020

Responsibility: Education Manager

WAO’s goal of Community Engagement is to bring people together and make them feel alive through igniting emotions and imaginations with the power of sung stories

The company aims to engage the community through:

1. Listening: undergoing consultation with local communities inclusive of local government, schools and key community members and feed that into artistic planning to create relevant programs

2. Sharing: sharing knowledge of the artform. (including but not limited to education program, workshops, public talks, eGuides, videos, pre-performance talks, synopsis sheets)

3. Encouraging: WAO encourages first time attendance (10% of audience) through broader marketing channels

4. Reaching: Engaging with regional audiences across the State on an annual basis inclusive of performances, workshops and digital platforms

5. Accessibility: working with peak body organisations to deliver accessible performances and workshops

Outcomes of WAO’s community engagement include:

1. Increased participation across all ages and appreciation of music, singing and the opera art form, that delivers the widest possible access

2. Contributing to the quality of people’s lives and the wellbeing of local communities through participation in workshops, performances schools etc

3. Deeper level of engagement and increased loyalty by current audiences (subscribers and single ticket purchasers) through developing a customer-centered mindset where their motivations, expectations and needs are met

4. Sustaining the art form into the future and ensuring its relevance on the cultural landscape

5. Evaluating our community engagement programs to ensure relevance across the many communities we engage with

WEST AUSTRALIAN OPERA RECONCILIATION ACTION PLAN

Reviewed by: Executive Director

Original Date and author: June 2015, Education Manager

Scope: Reconciliation Plan

Last reviewed: Under review

Responsibility: Education Manager

First drafted 24 June 2015

WEST AUSTRALIAN OPERA RECONCILIATION ACTION PLAN

West Australian Opera acknowledges that it is housed on Wadjuk Boodjar Country and pays respect to elders past and present for nurturing and protecting this land.

West Australian Opera recognises, appreciates and respects the rich contribution of music and storytelling made by Aboriginal and Torres Strait Islander people and the continued sharing of powerful and unique culture and traditions.

West Australian Opera respects existing relationships with Aboriginal and Torres Strait Islanders and seeks to develop new and meaningful relationships with traditional land owners, elders and leaders who represent and support Aboriginal and Torres Strait Islander communities.

Further information:

http://www.artsedge.dca.wa.gov.au/resources/Pages/Welcome-toCountry.aspx

First drafted 24 June 2015

WEST AUSTRALIAN OPERA RECONCILIATION ACTION PLAN

RELATIONSHIPS

Successful relationships are integral to the development of building understanding and trust. This is key to the vision of presenting high quality opera and being a source of pride for all West Australians. We recognise the great storytellers and musicians within Aboriginal and Torres Strait Islander communities and look forward to working together as we head toward a common goal of furthering opportunities

Action Responsibility Timeline Target

Develop a working RAP committee to compose, and actively monitor the company’s RAP

Maintain and develop new relationships with Aboriginal and Torres Strait Islanders

Executive Director 2015/16 Identify and engage committee members

Commit to annual meetings

All staff Ongoing All staff to attend and or participate in at least one event within a 12 month period (eg Reconciliation Week, Harmony Day, Sorry Day)

Deliver existing company education and community programs to schools/areas that include Aboriginal and Torres Strait Islanders

Education and Community Coordinator

Ongoing Identify communities and deliver at least one free program

RESPECT

It is important to West Australian Opera staff, artists and audience that we recognise and acknowledge the cultural and historical impact our Aboriginal and Torres Strait Islander have had and will continue to have on all West Australians.

Deliver Cultural awareness training for all employees, artists and extend to our subscribers to increase and appreciate the understanding of indigenous history and cultural contribution

Identify and Implement protocols for Welcome to Country and acknowledgement of Country at West Australian Opera events and activities

Identify Indigenous activities and events such as Reconciliation Week and provide opportunities for staff to attend.

Education and Community Ongoing Identify and provide an annual cultural awareness workshop

Executive Director Ongoing Engage an elder to conduct Welcome to Country at West Australian Opera directed community events

Operations Manager Ongoing Include and highlight indigenous activities in the company’s internal calendar of activities and provide opportunities to attend at least one event

First drafted 24 June 2015

WEST AUSTRALIAN OPERA RECONCILIATION ACTION PLAN

OPPORTUNITIES

West Australian Opera recognises and acknowledges the contribution of all members of the community and their influence on the growth and development of the artform through cultural and historical knowledge whilst envisioning a vibrant future. Where possible we will seek to provide opportunities to include Aboriginal and Torres Strait Islander communities and individuals

Action Responsibility Timeline Target

Identify and Implement opportunities for cultural exchange, mentorship and or training

Provide Opportunities to promote RAP activities to external parties such as audience members and sponsors.

Artistic Director/Executive Director

Ongoing Identify/provide an opportunity for an Aboriginal or Torres Strait Islander to work/mentor/train as artist or administrator

Identify opportunities for artists to exchange/train in Indigenous arts

Operations Manager/Education and Community

Tracking progress and reporting Action

Report achievements, challenges and learnings to Reconciliation Australia for inclusion in the Annual Impact Measurement Report.

Report Findings in Australia Council Acquittals

Internal Review of RAP

Executive Director

Ongoing Identify promotional opportunities/inclusions such as social media, annual reports and media releases.

Executive Director

Executive Director

Ongoing Complete and submit the RAP Impact Measurement Questionnaire to Reconciliation Australia annually.

Ongoing Complete and submit as part of annual acquittal

Ongoing West Australian Opera RAP committee to come together annually to assess the years RAP activities and the ongoing development of the plan.

First drafted 24 June 2015

WEST AUSTRALIAN OPERA WORKING WITH CHILDREN POLICY

Approved by: PENDING

Scope: Working with Children Policy

Original date 31 May 2016

Reviewed and updated: 6 July 2021

Updated by: Executive Director, Education Manager

Links https://workingwithchildren.wa.gov.au

Attachments

1. LPA Code of Practice Child Employment

2. LPA Guide – Child Safety

3. LPA National Principles

Further attachment (distributed with all contracts)

4. WAO Code of Conduct for Working with Children and Young People

West Australian Opera (WAO) is committed to maintaining a safe environment for children (those under the age of 15 years) and young people (those aged 15 years and over but not yet turned 18 years). The purpose of this policy is to provide guidelines for those working with children and young people so that activities are conducted in accordance with West Australian Government Working with Children guidelines.

1. Working with Children Card (WWCC)

It is mandatory that all those working directly with children hold a current West Australian Working with Children card (WWCC).

In accordance with government guidelines people in child-related work require a Working with Children Check (WWCC) only if the usual duties of the work involve, or are likely to involve, contact with a child in connection with one of the categories of child-related work and no relevant exemptions apply. If a person engages in child-related work as per this definition, then they must obtain a WWCC.

If they do not work directly with children, then they are deemed ineligible to apply for a WWCC in WA. This means that those casually employed singers, for example, will be deemed ineligible for a WWC (this differs from a national police clearance where everyone can apply).

These include but are not limited to education and outreach staff, dressers and wardrobe staff, directors, stage management and music staff.

a) This includes all those working in rehearsals, theatres, performance venues, offices, and offsite ie schools, community centres.

b) Individuals are responsible for maintaining current WWCC and must have the WWCC available on request or for identification purposes.

c) It is the responsibility of each individual to apply for and maintain a current WWCC card.

d) The WWCC number and expiry date must be provided to the company at the time of contract and the company will keep this on file.

e) All other WAO contracted staff that are not working directly with children and or young people but working alongside them ie chorus in rehearsals of performances must read and sign WAO’s

2. Individuals without a WWCC (‘negative notice)

As advised by the WA state government https://workingwithchildren.wa.gov.au/applicants-cardholders/the-checking-process/negative-notice

If you know that an employee, volunteer or student holds a Negative Notice you should be aware that:

a) It is an offence for you to engage the person in paid unpaid or voluntary child-related work in Western Australia and the Christmas and Cocos (Keeling) Islands.

b) The Negative Notice continues to have effect unless cancelled under the WWC Act. A person can apply to have the decision reviewed by the State Administrative Tribunal within 28 days of them receiving the Notice. In certain circumstances they can also apply to the WWC Screening Unit to cancel their Negative Notice.

What to do if an employee, volunteer or student is issued with an Interim Negative Notice or Negative Notice:

a) You MUST remove the individual from child-related work immediately.

b) You will be contacted by a WWC Compliance Officer to ensure this has occurred.

c) An Interim Negative Notice or Negative Notice does not mean the person cannot be employed by you in work other than child-related work.

d) Keep records about the Notice confidential and record the action(s) taken by your organisation. You may wish to seek legal advice.

3. Performances, workshops, and youth related activities

All performances, workshops and other activities must take place in public, open or accessible spaces, for example a theatre, school hall or company studio, rather than private studio or home.

Children and young people must not be left unaccompanied, nor should a child / children or young person / people be left alone with a single adult.

4. Code of Conduct for Working with Children and Young People

The Code of Conduct will be included with all WAO contracts and must be read and acknowledged. The Code is attached to this Policy for ease of reference.

5. Chaperones

A responsible, experienced chaperone will be engaged to supervise children and young people working with the company.

a) The chaperone must hold a current WWCC

b) The chaperone will supervise children while working with the company (including rehearsals, performances and workshops).

c) The chaperone will comply with Working with Children guidelines (as stated in the West Australian state government working with children operational directive)

d) The chaperone will act in accordance with the Performers’ Certified Agreement (PCA).

e) The ratio of children to Child Chaperone is one chaperone for 13 children (those under 15) in accordance with the PCA

f) The ratio of young people to Chaperone (those aged 15-18) is not identified within the PCA or West Australian Government’s Working with Children policies and will be assessed for each activity (depending how many young people participate) and, if in doubt, will follow Item 5e

WEST AUSTRALIAN OPERA WORKING WITH CHILDREN POLICY

ATTACHMENT 1. LPA CODE OF PRACTICE

LPA Code of Practice

Child Employment in Live Entertainment

LPA Code of Practice

Child Employment in Live Entertainment

Introduction

Employers should comply with the provisions of the Code of Practice for Child Employment in Live Entertainment (“Code of Practice”) when no other legally binding Code of Practice is in place in the State where the child will be employed. Where such legally binding Code of Practice is in place (i.e. in Victoria, New South Wales and Queensland) the Employer is bound by that Code (and any exemptions approved) and not the Code of Practice as outlined below to the extent to which that code, in a particular respect, is superior to the Code of Practice outlined below.

The laws in operation around Australia at the date of publication are:

State Regulatory instrument

NSW

Children and Young Persons (Care and Protection) Act 1998, Children and Young Persons (Care and Protection – Child Employment) Regulation

2015 – including Schedule

1 – Code of Practice

Child Employment Act

NSW Office of the Children’s Guardian

 02 8219 3600

 www.kidsguardian.nsw.gov.au

e: kids@kidsguardian.nsw.gov.au

VIC

2003, Mandatory Code of Practice for the Employment of Children in Entertainment (2014)

Department of Economic Development, Jobs, Transport and Resources (Child Employment)

 1800 287 287

 www. business.vic.gov.au

e: childemployment@ecodev.vic.gov.au

 07 3225 2299

 www.business.qld.gov.au

Child Employment Act

QLD

2006, Child Employment Regulation 2006 (as amended effective 1 January 2007)

Queensland Treasury

Applications for Special Circumstances certificate may be posted to:

Deputy Director General, Office of Industrial Relations

GPO Box 69

Brisbane QLD 4001

WA Children and Community Services Act 2004

Date: August 2016

Not applicable. The Act broadly exempts the entertainment industry. Follow this Code of Practice.

SA None

Not applicable. The Act broadly exempts the entertainment industry. Follow this Code of Practice.

TAS None

Not applicable. The Act broadly exempts the entertainment industry. Follow this Code of Practice.

NT None

Not applicable. The Act broadly exempts the entertainment industry. Follow this Code of Practice.

ACT None

Not applicable. The Act broadly exempts the entertainment industry. Follow this Code of Practice.

Code of Practice

1. General requirement to comply with Code of Practice

1) Except as provided for in (3), an employer must not at any time employ a child (under 15 years of age) except in accordance with this Code of Practice, or in accordance with the laws in force in the State in which the child is to be employed.

2) Where required under State law, an employer must obtain a permit before causing a child to be employed.

3) In States where no child employment laws apply, an employer may employ a child in a manner inconsistent with this Code of Practice if prior agreement is reached with the Media, Entertainment & Arts Alliance (MEAA).

2. Record keeping

1) An employer must ensure that a record is kept for each child employed.

2) The record must include the following particulars:

Personal information

(to be obtained from a parent or guardian before the child commences employment)

a) the name, address and home telephone number of the child;

b) the names, addresses and home, business and mobile telephone numbers (as applicable) of the child's parents or guardians;

c) the name, address and telephone number of any person who has lawful authority to consent to the medical treatment of the child;

d) an authority signed by a person who has lawful authority to consent to the medical treatment of the child consenting to the employer seeking, or where appropriate administering, such emergency medical treatment as is reasonably necessary;

e) the name, address and both personal and business telephone numbers of some other person nominated by the child’s parents or guardians as being a person responsible for the child in the event of the parents or guardians being unavailable;

f) the name, address and telephone number of any person who is to be notified of any accident, injury, trauma or illness involving the child;

g) the child’s date of birth

h) details of allergies or other relevant medical conditions and needs of the child;

i) details of any dietary restrictions of the child;

j) names, addresses and telephone numbers of the persons who are authorised to collect the child from the employer;

Employment information

k) the nature of the work that the child is employed to carry out;

l) the dates and times of each occasion on which the child is employed;

m) the hours the child worked each day and each week;

n) the date the child started and finished their period of employment;

o) particulars of the place of work/location at which the child is employed on each occasion;

p) the name, address and both home and business telephone numbers (if any) of the child's supervisor on each such occasion.

3) The record must be:

a) kept for a minimum period of 6 years, and

b) kept securely, and

c) made available for inspection by the relevant government authority (where applicable).

3. Provision of information about proposed employment

1) Before a child commences employment, an employer must ensure that:

a) the parent or guardian of the child has sufficient information about the intended role and duties that the child will perform, including the nature of the role or situation that a child is cast in, and the intended employment hours and workplaces;

b) the parent or guardian has consented to the proposed employment.

2) If a parent or guardian of a child employed requests a copy of this Code of Practice, the employer must ensure that it is provided to the parent or guardian.

4. Incident register

1) An incident register must be maintained to record details in relation to each child employed by the employer of any of the following incidents that occur in the course of the child’s employment:

a) an accident involving the child,

b) an injury to the child,

c) an incident that is the subject of a complaint made by the child or a parent or guardian of the child in relation to the employment,

d) an event or circumstances involving a breach of this Code of Practice.

Note. Examples of complaints that should be recorded in an incident register include complaints relating to the contract of employment, such as not being paid for services, and more serious complaints, such as allegations of physical abuse or sexual misconduct occurring in the course of the child’s employment.

2) A record of the incident must also contain the following information:

a) the name of the child involved in the incident,

b) the time, date and place the incident occurred,

c) details of any action taken in response to the incident.

3) A record of an incident must be made, and kept securely for a period of 6 years from the date on which the incident occurred.

5. Insurance

An employer must ensure that each child is insured under the Workers Compensation regime in the State in which the child is to be employed.

6. Hours of work

1) An employer must not employ a child otherwise than in accordance with;

a) the times set out in Table A with respect to film and television, radio, shopping centre performances, still photography and modelling or other exhibitions; and

b) the times set out in Table B with respect to theatrical performances.

2) An employer must not require a child to work later than 9.00 pm on any day if the child has not been exempted from attending school in the morning on the following day.

3) An employer must not employ a child for more than 4 hours on any day on which a child is required to attend school for at least 3 hours.

4) The combined time required to fulfill educational requirements and employment in any seven consecutive days, must not exceed 50 hours.

7. Shifts and rest breaks

1) An employer must ensure that no child is required to start work less than 12 hours after the child has previously finished work, whether for the same or for any other employer.

2) An employer must ensure that each child is given:

a) within any 4-hour period an appropriate number of rest breaks, of an appropriate duration, taking into account the age and needs of the child and the nature of the work the child is engaged in, and

b) a 1-hour rest break every 4 hours.

3) An employer must not employ a child for more than one shift on any one day.

4) An employer must not employ a child for more than 5 consecutive days.

8. Calculation of time of employment

1) A child's total period of employment during any period of 24 hours is to be calculated as if the following periods formed part of the time for which the child is employed:

a) any time in excess of 45 minutes spent by the child in travelling from home to the place of work;

b) if the employer is responsible for bringing the child to work, any time between the child's arrival at the place of work and the child’s actual commencement of work;

c) time spent in preparatory activities;

d) the whole of the time (excluding any rest break required by clause 7.2.(b)) that the child is required to be at work;

e) any time in excess of 45 minutes spent by the child in travelling home from the final place of work;

f) if the employer is responsible for taking the child home from work, any time between the child's finishing work and the start of the child’s journey home from work.

9. Schooling requirements

A child of compulsory school-age must not be employed during hours of normal school attendance unless permission is sought to exempt the child from school during school hours in accordance with the regulatory requirements of the State (where applicable).

10. Travel home

1) An employer must ensure that each child aged 12 years or under is collected or taken home after the child finishes work by a parent or guardian of the child, or a person authorised by the parent or guardian to collect or take home the child.

2) An employer must ensure that a child aged 13 years or older is collected or taken home after the child finishes work by a parent or guardian of the child, or a person authorised by the parent or guardian to collect or take home the child unless either of the following applies:

a) the distance between work and home is less than 10 kilometres and travel home will be completed in the ordinary course within daylight hours or before 6pm, whichever is earlier; or

b) the employer has been provided with written consent from the child’s parent or guardian permitting the child to travel home alone, and travel home will be completed in the ordinary course before 8:30pm.

11. Food and drink

1) An employer must ensure that each child is provided with appropriate and sufficient nutritious food, having regard to the age, taste, culture and dietary restrictions of the child.

2) The food should be varied and should be served to children at reasonable hours.

3) An employer must ensure that water, fruit juice or other such drinks are readily available at all times to each child.

12. Protection from the elements

An employer must ensure that each child is adequately clothed and otherwise protected from extremes of climate.

13. Punishment prohibited

An employer must ensure that, while at work, no child is subjected to any form of corporal punishment, social isolation, immobilisation or any behaviour likely to humiliate or frighten the child.

14. Medical issues

1) An employer must not allow a child to work if the child is known by the employer to be ill, to be unfit for work, or to be carrying or to have been exposed to an infectious disease that poses a risk to the health of others in the workplace.

2) In the event of a child becoming ill or being injured in the course of the child’s employment, or appearing to the employer to become ill, or the child reporting to be feeling ill in the course of employment, the child's employer must ensure that at least one of the child's parents or guardians is immediately notified of that fact, or, if no parent or guardian is contactable, another person nominated by the parent or guardian.

15. Parental contact

An employer must at all times ensure that each child is able to make contact with his or her parents or with some other person responsible for the child and must facilitate the making of any such contact whenever the child so requests or whenever it is otherwise appropriate to do so in the interests of the child.

16. Recreation facilities

An employer must ensure that appropriate recreational materials and rest facilities are available for each child during breaks in work, having regard to the age and developmental needs of the child.

17. Dressing room and toilet facilities

1) An employer must ensure that facilities exists so that any child is able to dress and undress in private.

2) An employer must ensure that clean and easily accessible toilet, hand washing and hand drying facilities are provided at each place of work.

18. Inappropriate roles or situations

1) An employer must ensure that no child is cast in a role or situation that is inappropriate to the child, having regard to the child’s age, maturity, emotional or psychological development and sensitivity.

2) An employer must not allow a child:

a) to be exposed to scenes which are likely to cause distress or embarrassment to the child; or

b) to become distressed in order to obtain a more realistic depiction of a particular emotion or reaction.

3) An employer must not employ a child in any situation in which the child is naked, and must ensure that the child is not present when any other person is naked.

19. Supervision

1) An employer must ensure that each child is provided with adequate and direct supervision, having regard to the age, sex and degree of maturity of the child, and having regard to the number of children being employed at any one time.

2) In particular-

a) if the child is more than 12 weeks old and less than 6 years old, the child is to be supervised by;

i. a parent or guardian of the child or a person nominated by the employer and authorised by the parent or guardian; or

ii. a person with an early childhood qualification; or

iii. a registered nurse, a registered midwife or a registered maternal and child health nurse; and

b) if the child is more than 6 years old, the child is to be supervised by a parent or guardian of the child, or a person nominated by the employer and authorised by the parent or guardian, or by an adult with training or experience in the care of children of the age of the child to be supervised, and

c) the child must be in view of the person supervising the child at all times

3) An employer must ensure that a supervisor does not have any other responsibilities while supervising children.

20. Babies

1) This clause applies to babies who are less than 12 weeks old.

2) An employer must not employ a baby for more than one hour on any one day unless –

a) a registered nurse, registered midwife or registered maternal and child health nurse is present at all times; and

b) a parent or guardian of the baby is present at all times; and

c) the registered nurse or registered midwife advises the employer that the baby is fit for employment; and

d) the registered nurse or registered midwife advises the employer that the environment in which the baby is to be employed is unlikely to cause the baby to become distressed; and

e) the employer follows the advice of the registered nurse or registered midwife in all matters that relate to the welfare of the baby.

3) An employer may employ a baby for one hour or less on any one day provided that –

a) one of the baby’s parents or guardians is present at all times; and

b) the employer is satisfied on advice from the parent or guardian that –

i. the baby was delivered full term and in good health; and

ii. the baby’s birth weight was at least 3 kilograms; and

iii. the baby has not had any post-natal problems; and

iv. the baby is feeding successfully; and

v. the baby’s weight gain from birth has been satisfactory.

4) An employer who employs a baby must not allow the baby to be exposed to harmful lighting.

5) An employer must not allow makeup to be applied to a baby unless the makeup is non-irritating and uncontaminated.

6) An employer must not allow any person who is known by the employer to have a respiratory or skin infection to come into contact with the baby.

TABLE A - ENTERTAINMENT and EXHIBITION

Includes: Film, TV, Video, Commercials, Still Photography, Radio, Modelling and Shopping Centre Performances

TABLE B – THEATRICAL PERFORMANCES

WEST AUSTRALIAN OPERA WORKING WITH CHILDREN POLICY

ATTACHMENT 2. LPA GUIDE – CHILD SAFETY

Child Safety in the Live Performance Industry

Disclaimer: This guide provides general information only and is not intended to be legal advice. Organisations should confirm the legal requirements that apply to them and seek legal advice about their specific situation as required

Child Safety in the Live Performance Industry

How to use this Guide

What is the purpose of this Guide?

The Guide to Child Safety in the Live Performance Industry (“Guide”) provides best practice guidance for:

• implementing child safe standards

• developing child safe policies and procedures

• creating a child safe organisational culture and environment

You can base your own child safe policies and procedures on the examples provided in this Guide including:

• Child Safe Policy and Commitment to Child Safety

• Code of Conduct (Employees and Supervision of Children)

• Policy on Exposure to Adult Themes

• Policy on Auditions and Casting

• Policy on Using Images of Children

• Complaints and Reporting Procedure

Who does this Guide apply to?

This guide applies to all live performance organisations that engage or interact with children as part of their organisation’s business activities. This includes:

• casting children in a production (child performers)

• attendance of and interacting with child audience members

• providing instruction to children as part of a class/program/workshop

• using photos of children for media and promotion

• using children for professional promotional material (photography, voice-overs, film commercials)

• internships or work experience

• any other form of direct interaction with children as part of the organisation’s business activities

Is it mandatory for LPA Members to abide by this Guide?

As a condition of LPA membership all Members must abide by LPA Codes and Guidelines, and as such Members that engage or interact with children must develop and implement child safe policies and procedures appropriate to their organisation.

LPA Members differ in size, purpose, art form, business activities and level of engagement with children. This Guide is presented in general terms, with flexible provisions to ensure applicability across a diverse range of organisations LPA Members should tailor their child safe policies and procedures to suit their individual circumstances

Definitions

Child/Children

Includes children and young people up to the age of 18 (unless otherwise specified in this Guide or by law).

Child Performer/Child Employee

Includes children and young people up to the age of 18 (unless otherwise specified in this Guide or by law) that perform work for an organisation (both paid and unpaid).

Employee

• Any adult (over the age of 18) engaged by an organisation that may work with children at any time including:

• employees (permanent and casual)

o leadership and management

o administration

o education instructors and youth workshop facilitators

o production and venue personnel (actors, stage management, chaperones, technical crew, etc.)

• volunteers

• contractors and sub-contractors

• work experience students/interns/secondments

• any other individual in the organisation that may deal with children.

Employer/Organisation

Organisation in the live performance industry that employs or engages children as part of their business activities.

An organisation may employ or engage children in a number of ways (including but not limited to):

• casting them in a production (child employees)

• attendance of and interacting with child audience members

• providing instruction to children as part of a class/program/workshop

• using photos of children for media and promotion

• using children for professional promotional material (photography, voice-overs, film commercials)

• providing internships or work experience

• any other form of direct interaction with children performed as part of the organisation’s business activities.

Industry

Refers to organisations in the live performance industry. This includes any live entertainment involving a performance art form including (but not limited to) dance, opera, music, circus, musical theatre and theatre. Organisations may be (but not limited to) performing arts companies, festivals, concert promoters or venues.

Parent/Carer

Includes any parent, legal guardian, carer or family member responsible for a child.

Supervisor

Qualified employee appointed to supervise or chaperone children (e.g. child performers, education program participants, work experience students). For the purposes of this Guide the definition of supervisor includes chaperones unless otherwise indicated.

1. Being a Child Safe Organisation

What are Child Safe Standards?

Organisations that directly interact with children as part of their business activities have a responsibility to minimise the risk of children experiencing harm and care for their well-being.

In response to instances of institutional child abuse, both Federal and State Governments have committed significant resources to identifying measures that reduce the risk of children experiencing harm in their involvement with organisations.

Child safe standards outline the minimum measures organisations should implement to be a child safe organisation. Child safe standards have been developed both at the national and state-based level, generally reflecting the same themes and measures with minor differences. These standards are reflected in this Guide.

Victoria, New South Wales and South Australia require organisations in our industry to implement child safe provisions.*

VIC: All organisations that provide services for children in Victoria, including organisations that employ children, must abide by and implement Victoria’s child safe standards.

NSW: All organisations that employ children in New South Wales must develop a Code of Conduct in a form approved by the appropriate authority (NSW Children’s Guardian), setting out best practice guidelines for the care and protection of children employed.

Example: Victorian Child Safe Standards

SA: Organisations that provide entertainment services for children (e.g. theatre companies) must provide child safe environments. This includes having a child safe policy, meeting relevant history obligations and lodging a compliance statement with the relevant department.

To create and maintain a child safe organisation, an organisation to which the standards apply must have:

• Standard 1: Strategies to embed an organisational culture of child safety, including through effective leadership arrangements

• Standard 2: A Child Safe Policy or Statement of Commitment to Child Safety

• Standard 3: A Code of Conduct that establishes clear expectations for appropriate behaviour with children

• Standard 4: Screening, supervision, training and other human resource practices that reduce the risk of child abuse by new and existing personnel

• Standard 5: Processes for responding to and reporting suspected child abuse

• Standard 6: Strategies to identify and reduce or remove risks of child abuse

• Standard 7: Strategies to promote the participation and empowerment of children

Application of each standard must reflect these key principles:

• Promoting the cultural safety of Aboriginal children

• Promoting the cultural safety of children from culturally and/or linguistically diverse backgrounds

• Promoting the safety of children with a disability

2. Developing a Child Safe Policy

What should an organisation address in a child safe policy?

A child safe policy demonstrates an organisation’s commitment to provide for the safety and wellbeing of children engaged with the organisation. It also encourages organisations to be proactive in the early identification of potential risks of harm to children.

This Guide provides an example policy (Child Safe Policy and Commitment to Child Safety, p.7) addressing various issues that an organisation may need to consider and cover in a child safe policy.

The nature of issues covered in a child safe policy will depend upon the size, circumstances, and potential risks of each individual organisation. For example, larger organisations that regularly employ children for extended periods or run education programs may need detailed and comprehensive policies. In comparison, a smaller organisation that on occasion might present a show with children in the audience may need only a short policy.

It is important that the provided example template be amended and expanded upon to accurately reflect the individual circumstances of your organisation.

Tips for Developing and Implementing Child Safe Policies

✓ Tailor policies to suit your organisation’s individual circumstances, taking into account mitigating factors (including but not limited to):

• size of organisation (e.g. large national employer or small independent company)

• level of engagement with children (e.g. regularly employ child performers, regularly run education programs, occasionally hire out venue for school performances, occasionally have child audience members that may be unsupervised)

• type of engagement with children (e.g. performers, employees, work experience, education program participants, audience members)

• exposure to risks of harm in the organisation (e.g. what risks are present at the venue? what adults may have access to children? how are child performers treated? are children being transported between locations?)

• state legislative requirements (e.g. child employment, WH&S)

✓ Seek input from relevant staff, parents (including carers or legal guardians) and children to inform what should be addressed in your child safe policies and procedures

✓ Ensure policies and procedures are compliant with relevant regulatory requirements in your state or territory, for example (where applicable):

• Working with Children Check (WWC)

• Child employment regulations

• Mandatory reporting of abuse requirements

• Work Health & Safety (WH&S)

✓ Appoint a member/s of staff to be your Child Safety Officer (e.g. company manager or HR manager), responsible for being the first point of contact to provide advice and support to children, parents, carers, legal guardians and employees on issues regarding the care of children.

✓ Leaders in the organisation should lead and drive implementation of child safe policies and procedures.

✓ Make your child safe policies and procedures publically available; upload them to your website and provide copies to staff, volunteers, contractors, children, parents, carers, legal guardians and any other interested parties.

✓ Induct employees to your Child Safe Policy, Code of Conduct, and any other child safe policies and procedures relevant to their role.

✓ Periodically review child safe policies and procedures

Example: Child Safe Policy and Commitment to Child Safety

[Organisation name]

Child Safe Policy

Scope

This policy applies to any adult person (over the age of 18) engaged by [organisation name] that may work or interact with children at any time including:

• employees (permanent and casual):

o leadership and management roles

o administration

o education instructors and youth workshop facilitators

o production and venue personnel (actors, stage management, chaperones, technical crew, ushers, etc.)

• volunteers

• contractors and sub-contractors

• work experience students/interns/secondments

• any other individual in the organisation that may deal with children

(Note: In this Policy, the term “employee” is used to cover all persons occupying any position listed above.)

A child includes children and young people up to the age of 18 (unless otherwise specified).

Commitment to Child Safety

All children working with or engaged by [organisation name] have a right to feel and be safe, respected, valued and protected from harm. Children should be made aware of and feel confident in their rights and responsibilities.

[Organisation name] is strongly committed to the safety and well-being of all children that interact with our organisation as employees, audience members, education program participants or otherwise by creating and maintaining a child safe environment. The welfare of children entrusted under our care is our first priority and we have zero tolerance for child abuse.

[Organisation name] will take all necessary steps to prevent and protect children from abuse and neglect including:

• Physical abuse: purposefully injuring or threatening to injure a child

• Emotional abuse: an attack on a child’s self-esteem e.g. through bullying, threatening, ridiculing, intimidating or isolating the child

• Sexual abuse: any sexual act or sexual threat imposed upon a child

• Neglect: harming a child by failing to provide basic physical or emotional necessities.

Supporting Children’s Participation and Satisfaction

[Organisation name] supports, enables and promotes the active participation of children by:

• encouraging expression of and respecting the views of children and parents (including carers or legal guardians)

• encouraging and empowering children and parents to raise any concerns or complaints

• listening to and acting upon any concerns raised by children and parents, carers or legal guardians

• seeking the input of children when making decisions about matters that concern them

• ensuring children understand their rights and the appropriate behaviour expected of both adults and children

• teaching children what they can do and who they can turn to if they feel unsafe

• ensuring employees dealing with children are skilful in facilitating their participation

• valuing diversity and not tolerating any discriminatory practices.

[Organisation name] aims to create an environment where children gain satisfaction from their interaction with our organisation as employees, participants in a class/program/workshop, or other activity by:

• supporting children to feel respected and in control of their behaviour/work

• ensuring children enjoy the overall experience of being engaged with a production or other organisational activity

• encouraging children to assist each other in fulfilling their employment obligations and developing a positive sense of pride in their work (e.g. discussing character development and stagecraft in groups and leading warmup activities)

• offering opportunities for children to derive personal satisfaction and a sense of achievement throughout their experience and the relationships they make

• encouraging children to develop self-discipline in balancing their commitment to their performance, their education and their social and family activities.

Valuing Diversity

[Organisation name] values diversity and we do not tolerate any discriminatory practices.

Our organisation is committed to protecting children engaged with our organisation from physical, sexual, emotional and psychological abuse, as well as neglect and contempt, ridicule, hatred, or negativity towards a child because of their race, culture, religion, gender (including transgender status), sexual orientation or disability

In our activities with children we will:

• promote the cultural safety of Aboriginal children

• promote the cultural safety of children from culturally and/or linguistically diverse backgrounds

• promote the safety of children with a disability

• promote the safety of LGBTI children and young people

Recruitment Practices

[Organisation name] will take all reasonable steps to ensure we engage the most suitable and appropriate people to work with children.

This involves maintaining a rigorous and consistent recruitment, screening and selection process.

It is [Organisation name]’s policy to:

• interview and conduct thorough referee checks on all employees (with their most recent supervisors)

• develop clear duty statements and job descriptions for roles that involve work with children that state clearly our commitment to providing safe environments for children

• attain and keep a record of Working with Children or criminal history/police checks for anyone with direct and unsupervised contact with children, such as employees designated to supervise or chaperone children

• ensure supervisors and chaperones recruited are suitably experienced and qualified to care for the safety and well-being of children in accordance with their age and needs

Support for Employees

[Organisation name] seeks to support employees by:

• inducting new employees to our Child Safe Policy, Code of Conduct and other relevant policies and procedures

• encouraging relevant employees to attend periodical information sessions as they become available, to remain up-to-date with knowledge of child protection, nature and signs of child abuse, cultural competency, regulation updates and other matters that affect children

• appointing a Child Safety Officer to be the first point of contact to provide advice and support to employees on the safety and well-being of children engaged with the organisation

• ensuring employees feel encouraged and empowered to report any complaints, concerns or perceived risks to child safety to the Child Safety Officer or other relevant management position

• ensuring designated supervisors and chaperones of children that are new to the role work with experienced supervisors sufficiently before working on productions or programs requiring single supervisors.

Code of Conduct

[Organisation name] has developed a Code of Conduct to provide guidance to our employees on expected behaviours when in direct contact with or working around children.

All employees must abide by the Code of Conduct.

We ask relevant employees to sign a written statement confirming they have read, understood and will comply with the Code of Conduct. We retain a copy of all signed statements.

Communication

[Organisation name] is committed to encouraging employees, children and parents (including carers or legal guardians) to raise any concerns or provide their views on the well-being of children involved with our organisation

[Organisation name] keeps employees, parents (including carers or legal guardians) and children informed of our organisation’s child safe policies and procedures by:

• ensuring that employees have read, understood, and are aware of their obligation under the Child Safe Policy, Code of Conduct, and any other relevant policies and procedures

• making relevant documents easily accessible by displaying child safe materials in areas of common traffic, uploading relevant documents to our website, distributing documents to all relevant individuals, and having copies available upon request

• providing children and parents (including carers and legal guardians) with relevant Plain English child safe materials.

Parents (including carers or legal guardians) of children employed by [organisation name] as performers are provided with at least one contact from [organisation name] that is available to speak with them or to facilitate speaking with their children at any time during periods of work.

We provide parents (including carers or legal guardians) and child employees with information on:

• the child’s expected role, activities, responsibilities and actions during their period of employment

• the child’s progress throughout the production and timely notice of schedules

• the rights of parents and children regarding supervision and workplace conditions, as determined by relevant state regulation

• our Child Safe Policy, Code of Conduct, and any other relevant policies and procedures

Children are encouraged to communicate and ask questions regarding their employment.

Complaints and Reporting Procedure

We believe employees, parents (including carers or legal guardians), and children should feel enabled, empowered and supported to safely raise any concerns or complaints about any perceived risks to a child’s safety or signs of abuse.

[Organisation name] has developed a procedure to respond to any complaint of abuse or conduct not in keeping with this Policy and Code of Conduct, including means to take disciplinary action or rectify issues when necessary.

Risk Management

[Organisation name] takes a preventative and proactive approach to minimising the risk of harm to children. As part of our organisation’s WH&S risk management process we periodically conduct reviews to identify potential risks to the safety and well-being of children.

Implementation and Review Process

[Position of staff member appointed as Child Safety Officer/s] have been appointed as Child Safety Officer/s, responsible for being the first point of contact to provide advice and support to children, parents (including carers or legal guardians) and employees regarding the safety and well-being of children engaged with the organisation. This includes being the first point of contact for dealing with any complaint of abuse or conduct not in keeping with this Policy and Code of Conduct

Our Child Safe Policy will be reviewed every [number] years and we will undertake to incorporate feedback from children, parents (including carers and legal guardians), employees and any other relevant personnel.

3. Developing Codes of Conduct and Policies on Standards of Behaviour

What behaviours should an organisation address in a Code of Conduct?

A Code of Conduct clearly and specifically states the standards of expected behaviour for all employees when in direct contact with or working around children. A Code of Conduct should cover behaviours that are appropriate and inappropriate.

This Guide provides two Code of Conduct example templates:

• Code of Conduct – Employees (p.12)

• Code of Conduct – Supervision of Children (p.15)

It also provides example templates for policies on standards of behaviour for:

• Exposure to Adult Themes (p.16)

• Auditions and Casting (p.17)

• Using Images of Children (p.18)

The example templates provided should be amended and expanded upon according to your organisation’s individual circumstances, taking into account mitigating factors (including but not limited to):

• size of organisation

• level of engagement with children (e.g. rarely or regularly engage children)

• type of engagement with children (e.g. performers, employees, work experience, education program participants, audience members)

• exposure to risks of harm in the organisation (e.g. transport of children)

• state legislative requirements (e.g. child employment, WH&S)

Note: The example Code of Conduct includes some standards of behaviour related specifically to child employment.

Who should the Code of Conduct apply to?

This Guide provides example Codes of Conduct for adult employees.

Organisations can expect parents (including carers and legal guardians) or other relevant personnel to abide by a Code of Conduct Depending on the circumstances of your organisation, it might also be useful to develop a language appropriate Code of Conduct for children that provides guidance on appropriate behaviour between children.

Example: Code of Conduct – Employees

[Organisation name]

Code of Conduct – Employees

[Organisation Name] provides an open, safe and friendly environment for all children This Code of Conduct outlines appropriate standards of behaviour by adults toward children.

The Code of Conduct aims to protect children and reduce any possibility that abuse or harm could occur. It provides guidance to employees on how best to support children and prevent or better manage difficult situations.

Scope

All employees are required to comply with the Code of Conduct. This includes any adult person (over the age of 18) engaged by an organisation that may work directly with or around children at any time including:

• employees (permanent and casual): leadership and management roles, administration, education instructors and youth workshop facilitators, production and venue personnel (actors, stage management, chaperones, technical crew, ushers, etc.)

• volunteers

• contractors and sub-contractors

• work experience students/interns/secondments

• any other individual in the organisation that may deal with children

(Note: In this Code, the term “employee” is used to cover all persons occupying any position listed above.)

A child includes children and young people up to the age of 18 (unless otherwise specified).

[Organisation Name]’s employees are responsible for promoting the safety and wellbeing of children by complying with the following:

✓ adhere to our child safe policies and procedures

✓ take all reasonable steps to protect children from the risk of abuse and neglect including:

o Physical abuse: purposefully injuring or threatening to injure a child

o Emotional abuse: an attack on a child’s self-esteem e.g. through bullying, threatening, ridiculing, intimidating or isolating the child

o Sexual abuse: any sexual act or sexual threat imposed upon a child

o Neglect: harming a child by failing to provide basic physical or emotional necessities.

✓ treat all children with dignity, equality and respect

✓ listen to and value the ideas and opinions of children

✓ act as a positive role model in your conduct with children

✓ develop positive relationships with children and parents (including carers and legal guardians) based on mutual trust and open communication

✓ be professional in your actions through your use of language, presentation and manner

✓ respect the privacy of children and parents (including carers and legal guardians), and only disclose information to people who have a need to know

✓ be aware of risks with communication and behaviour between employees and children (including online and mobile)

✓ be aware of risks with communication and behaviour between children (including online and mobile)

✓ aim to ensure children understand they are valued members of the production, program, audience or other experience

✓ acknowledge the uniqueness and potential of all children, in recognition that enjoying their childhood without undue pressure is important

✓ if by chance any children are found unsupervised, direct and accompany children to their supervisor or relevant management immediately

✓ report any breaches of these standards of behaviour to the Child Safety Officer or relevant management promptly

[Organisation Name] employees MUST NOT:

 discriminate against any child because of age, gender (including transgender status), cultural background, religion, vulnerability, disability or sexuality

 engage in behaviour that is intended to shame, humiliate, oppress, belittle or degrade children

 engage in any activity with a child that is likely to physically or emotionally harm them

 take photos or video of children without the explicit permission of the child (if 15 years of age or older) and their parent, carer or legal guardian, and relevant management

 share personal information or photos of children on social media without the informed consent of the child (if 15 years of age or older) and parent, carer or legal guardian, and relevant management

 work with children while under the influence of alcohol or illicit drugs

 ignore or disregard any concerns, suspicions, or disclosures of child abuse

 show overly familiar physical affection towards children or any unnecessary physical contact with children

 marginalise or exclude specific children

 show favouritism towards specific children such as the offering of gifts, special thanks, special treatment or inappropriate attention

 subject children to any form of physical punishment, social isolation, immobilisation or any other conduct likely to humiliate or frighten children

 enter children’s dressing rooms (unless they are a designated supervisor, or approved to do so by a supervisor or relevant management)

 allow children to enter an adult’s dressing room or crew areas, unless accompanied by their supervisor and approval has been granted by those in the dressing room

 close doors in rooms where children are present, unless children need privacy to dress

 allow children to (un)dress with others around (dressing should take place in private)

 do things of a personal nature for children that they are able to do for themselves, such as assisting with going to the toilet or dressing

 gossip in the presence of children

 distress a child for the purpose of eliciting a dramatic reaction

 develop any ‘special’ relationships with children outside of the professional relationship or arrange contact with children outside of work obligations

 have unauthorised contact with children online or by phone

All complaints or reports of conduct not keeping with this Code will be pursued in accordance with the organisation’s Complaints and Reporting Procedure, including means to take disciplinary action if necessary.

I have read this Code of Conduct and agree to abide by it at all times.

Name Signature

Date

Name of Manager/Witness

Signature

Date

Example: Code of Conduct – Supervision of Children

[Organisation name]

Code of Conduct – Supervision of Children

[Organisation Name] provides an open, safe and friendly environment for all children This Code of Conduct outlines expected standards of behaviour regarding the supervision of children by designated supervisors (including chaperones) and any other relevant staff in directly caring for children employed or engaged by the organisation (e.g. child performers, program participants, work experience students).

A child includes children and young people up to the age of 18 (unless otherwise specified).

Supervisors and/or chaperones are required to comply with this Code of Conduct in addition to the Code of Conduct applicable to all employees.

• Supervision must comply with all relevant state regulations on the provision of adequate employment and workplace conditions for children.

• Supervisors should be with children (under 15 years) at all times whilst they are in the care of our organisation. Children should not be left without direct supervision by a designated supervisor at any time.

• No employees, other than designated supervisors, should be alone with children (under 15 years) at any time, and at no time should non-designated employees be placed in a circumstance where they are required to chaperone or supervise children. If by chance any children are found unsupervised, employees should direct and accompany children to their supervisor or relevant management immediately.

• A supervisor’s only responsibility should be the safety and well-being of the children they have been assigned to supervise (e.g. a member of stage management that is appropriately credited and temporarily supervising children should not be undertaking any other duties while supervising).

• Supervisors are expected to build a mutually respectful, professional relationship with all children in their care.

• The emotions and well-being of children should be checked periodically by supervisors to ensure their comfort and competence for the tasks assigned. If any of the children become distressed, withdrawn or overwhelmed for whatever reason the child should be given the opportunity to watch proceedings or compose themselves in private. Any concerns regarding the welfare of children are to be conveyed to management without delay.

• Supervisors should appropriately guide children towards positive and responsible behaviour. Children should be made clearly aware of the guidelines and rules established on appropriate behaviour in order for them to act accordingly, and supervisors should monitor adherence and appropriately reinforce limit setting.

• Supervisors should report inappropriate behaviour by any child to relevant management if the child does not respond to appropriate requests to improve behaviour.

Example: Policy on Exposure to Adult Themes

[Organisation name]

Policy on Exposure to Adult Themes

Child performers (under 15 years) will not be placed in a situation that exposes them to inappropriate behaviour or language for their age level. This includes:

• nudity (male and female genitals, buttocks and female breasts)

• obscenities, ‘adult’ talk (e.g. overtly sexual), smoking of any substance or drinking of alcohol (except as required in the performance following a conversation with the child about the use of adult language, substances or alcohol for dramatic purpose)

• harassment, humiliating or demeaning behaviour

• aggressive, threatening or uncontrolled behaviour

• inappropriate influence in regard to opinions, beliefs, behaviour or conduct

It is important that the production child performers partake in, and the performance required of them, is not overtly dangerous, distressful, or inappropriate in any way, with regard to the child’s age, culture, religion, maturity, emotional or psychological development and sensitivity.

If, due to the dramatic context of the production, children are required to participate in scenes containing potentially distressing, controversial or negatively influential material or themes, [organisation name] will discuss this with the child’s parent/s, carer/s or legal guardian/s at the beginning of the rehearsal process and seek their consent.

All relevant details will be clearly explained to children and parents, carers or legal guardians, and all efforts will be made to minimise a child’s exposure to potentially upsetting material. [Organisation name] may also discuss strategies for minimising a child’s exposure to upsetting themes with the relevant regulatory authority for child employment.

Example: Policy on Auditions and Casting

[Organisation name]

Policy on Auditions and Casting

[Organisation name] aims to ensure the casting and audition process for child performers (under 15 years) is a safe and positive experience by:

• informing parents (including carers or legal guardians) in the audition notice of relevant production details and how any concerning issues will be managed including:

o details regarding choreography, content, and involvement of potentially frightening or confusing elements (e.g. animals, pyrotechnics)

o details of how the potential negative effects of identified issues will be mitigated

o a statement that parents, carers or legal guardians are encouraged to discuss issues with children and express any concerns they may have with the relevant point of contact (e.g. supervisor, relevant management, Child Safety Officer)

• allowing children to meet supervisors and employees in a friendly and unthreatening environment

• having auditions conducted by appropriately experienced and screened employees

• allowing children and parents, carers or legal guardians adequate time to discuss and raise any concerns they may have

• avoiding the casting of children we believe might be being pushed past their limits by parents, carers, legal guardians or agents

• notifying children of success or otherwise as soon as possible, and providing constructive feedback where possible

• providing a positive audition experience for children that will build their confidence.

Example: Policy on Using Images of Children

[Organisation name] Policy on Using Images of Children

This Policy outlines [organisation name] protocols for taking and publishing (in print or online) photos of children and young people up to 18 years of age

We aim to protect the safety and privacy of child performers by:

• obtaining informed consent from a parent (including carers or legal guardians) and child (if 15 years of age or older) for the use of images of child performers

o Consent will be sought prior to taking or publishing images. Signed consent forms will be sought from parents/carers/legal guardians and we will provide details on how and where the images will be published, and if images will contain identifying or personal information about the child (e.g. school uniform, name, hobbies) Images containing identifying or personal information will be avoided where possible.

• informing parents, carers or legal guardians if the organisation wants to film or take photos of children for analysis purposes or to improve performances

• ensuring that if photos or filming of child performers is going to take place at a venue different from the usual workplace venue, that a parent, carer or legal guardian has agreed to be present or their consent has been provided for the supervisor to be present instead

• making sure professional photographers are aware that any images taken will remain the property of [organisation name] and cannot be used or sold for other purposes. Any digital files must also be destroyed or handed over to [organisation name]

• making sure photographers are not left unsupervised with children or have individual access to children

• avoiding the use of images of children in minimal clothing (e.g. revealing costumes)

• providing details to parents, carers and legal guardians on who to contact if they have concerns or complaints around the use of inappropriate images or inappropriate behaviour in taking or publishing images.

We aim to protect the safety and privacy of child audience members or education program participants by:

• using the Terms and Conditions of purchase and placement of a notice in a prominent position at the venue to make ticket holders aware that professional photographers may be engaged for official and marketing use

• making parents, carers or legal guardians of education program participants aware that professional photographers may be engaged for official and marketing use

• only publishing images that do not contain identifying information about children (e.g. school uniform, name) unless consent from parents/carers/legal guardians has been obtained

• making sure professional photographers are aware that any images taken will remain the property of [organisation name] and cannot be used or sold for other purposes. Any digital files must also be destroyed or handed over to [organisation name]

• making sure photographers are not left unsupervised with children or have individual access to children

• providing details to parents, carers and legal guardians about who to contact if they have concerns or complaints regarding the use of inappropriate images or inappropriate behaviour in taking or publishing images.

4. Developing a Complaints and Reporting Procedure

What is the purpose of a Complaints and Reporting Procedure?

Organisations should encourage anyone to raise concerns or complaints about perceived risks to a child’s well-being; and respond accordingly. This might range from rectifying a perceived risk (e.g. improving communication with parents); to reporting an observed incidence of child abuse to the police.

A Complaints and Reporting Procedure outlines the organisational procedure for dealing with complaints from employees, children and parents (including carers or legal guardians) about:

• inadequate working conditions for children (as per relevant state child employment legislation or LPA Code of Practice for Child Employment in Live Entertainment)

• conduct not in keeping with your organisation’s child safe policies and procedures

• suspicion of child abuse or neglect.

This Guide provides an example template Complaints and Reporting Procedure (p.20)

The template provided should be amended and expanded upon as applicable to your organisation’s individual circumstances, taking into account mitigating factors (including but not limited to):

• size of organisation

• level of engagement with children (e.g. rarely or regularly engage children)

• type of engagement with children (e.g. performers, employees, work experience, education program participants, audience members)

• exposure to risks of harm in the organisation (e.g. transport of children)

• state legislative requirements (e.g. child employment, WH&S).

Example: Complaints and Reporting Procedure

[Organisation name]

Complaints and Reporting Procedure

Scope

This Complaints Procedure applies to any person (child or adult) involved with the organisation including:

• any adult (over the age of 18) engaged by an organisation that may work with children at any time such as:

o employees (permanent and casual): leadership and management roles, administration, education instructors and youth workshop facilitators, production and venue personnel (actors, stage management, chaperones, technical crew, ushers, etc.)

o volunteers

o contractors and sub-contractors

o work experience students/interns/secondments

o any other individual in the organisation that may deal with children (Note: In this Complaints Procedure, the term “employee” is used to cover all persons occupying any position listed above.)

• children (under the age of 18 years unless otherwise specified)

• parents (including carers or legal guardians).

1. Making a Complaint

Who can make a complaint?

Any person including employees, parents, carers, legal guardians and children should promptly raise their concerns or lodge a complaint about:

• inadequate working conditions for children (as per relevant state child employment legislation or LPA Code of Practice for Child Employment in Live Entertainment)

• conduct not in keeping with the organisation’s child safe policies and procedures

• suspicion of child abuse or neglect.

If employees suspect or witness an incident of unacceptable behaviour towards a child, they are obliged to report the incident to the appropriate contact as a matter of urgency. In addition to reporting the incident the employee should ensure that the child is safe from any immediate risks.

Any person that believes a child is at immediate risk of abuse should call 000.

[Organisation name] will provide children and parents with clear information on who to contact (and how) if they have any concerns or complaints.

What type of concerns should be raised?

Any of the following should be reported to the appropriate contact promptly:

• alleged, suspected or observed incidents of abuse or neglect (as a matter of urgency)

• conduct not in keeping with our child safe policies and procedures

• perceived risks in the organisation’s environment (e.g. inadequate working conditions).

Abuse and neglect includes:

• Physical abuse: purposefully injuring or threatening to injure a child

• Emotional abuse: an attack on a child’s self-esteem e.g. through bullying, threatening, ridiculing, intimidating or isolating the child

• Sexual abuse: any sexual act or sexual threat imposed upon a child

• Neglect: harming a child by failing to provide basic physical or emotional necessities.

Employees will be provided with information on how to recognise signs of potential abuse.

Who should complaints be made to?

Complaints or concerns should be lodged with [name/position of member of staff appointed Child Safety Officer] or other relevant management position using any method (verbally, email, call, etc.) that the employee, parent (including carers or legal guardians) or child feels comfortable with

If an act of criminal activity has been alleged, such as physical or sexual abuse, the police will be informed urgently and the child will be kept safe from any immediate risks.

2. Investigating Complaints

How will complaints from children be handled by the first point of contact or Child Safety Officer?

[Organisation name] will inform children of who to talk to if they need to raise an issue. [Organisation name] employees that receive a complaint from a child will:

• let the child talk about their concerns in their own time and words, as well as give the child the necessary attention, time and space to raise their issues

• be a supportive and reassuring listener

• tell the child that raising their concerns was the right thing to do and let them know in plain language the process by which their concerns will be addressed and acted upon

• record the nature of the complaint in the child’s own words

• contact the child’s parents (including carers or legal guardians) if appropriate.

How will all complaints be handled by the organisation?

[Organisation name] is committed to being responsive to concerns raised by employees, children and parents (including carers or legal guardians), and seek to resolve issues with the welfare of children as our first priority.

The appointed Child Safety Officer or relevant management will investigate the nature of the complaint raised in a timely fashion, allowing the person against whom the complaint has been made the opportunity to respond. If a complaint has been made in regards to the actions of another child, their parents (including carers or legal guardians) will be informed.

If appropriate and in the best interests of the child, the Child Safety Officer or relevant management will seek to resolve the complaint and rectify any issues raised to the satisfaction of all parties in the first instance.

Any complaints or concerns about perceived risks in the organisation’s environment (e.g. inadequate working conditions, exposure to adult themes) will be addressed by [organisation name] and rectified promptly.

If [organisation name] becomes aware of, or has been alerted to, a risk of child abuse by someone involved with the organisation, we will act to reduce or remove the risk and protect the child as our first priority. We will promptly contact police when a child or adult alleges any criminal activity has occurred, such as physical or sexual abuse of a child

The child and (if appropriate) parent/s, carer/s or legal guardian/s will be informed of the steps the organisation is taking to address the complaint.

[Organisation name] may also provide support for the child by referring and assisting children and/or parents, carers or legal guardian to access other appropriate services.

3. Outcome

What happens if unacceptable conduct towards a child has occurred?

In the event a complaint is proven to be accurate, the Child Safety Officer or relevant management will inform [name relevant leadership position (e.g. producer, director, venue manager, etc.] of the allegation and the outcomes of the investigation. The Child Safety Officer or relevant management may also recommend an appropriate course of action.

4. Resolution

How will the complaint be resolved?

The [name relevant leadership position (e.g. producer, director, venue manager, etc.] shall determine if:

• a person should be disciplined in accordance with the misconduct committed and within the organisation’s means; or

• the matter should be referred to an appropriate authority for further investigation and action pursuant to the law.

For procedural fairness, any person involved in a complaint about unacceptable conduct towards a child is encouraged to seek support from their union or any other relevant person.

All complaints about unacceptable conduct shall be documented, including:

• record of action taken

• any internal investigation conducted

• any reports made to statutory or external bodies.

In accordance with security and privacy requirements, these records will remain confidential unless otherwise requested to be released by law.

With due consideration of confidentiality and fairness in regards to any person whom a complaint is made against, the risk of harm to children is our primary concern.

Sources

The information provided in this Guide is based on the resources developed by the NSW Children’s Guardian, SA Department for Education and Child Development, Victorian Commission for Children and Young People, Australian Institute of Family Studies, Australian Sports Commission and policies provided by LPA Members.

Useful Links and Resources

LPA Policies

LPA Code of Practice for Child Employment in Live Entertainment

http://members.liveperformance.com.au/codes guidelines

LPA Guide to Child Employment Regulations

http://liveperformance.com.au/child_employment_guide

Government

Royal Commission into Institutional Responses to Child Sexual Abuse

http://www.childabuseroyalcommission.gov.au/

NSW Office of the Children’s Guardian

http://www.kidsguardian.nsw.gov.au/working-with-children

SA Department for Education and Child Development

https://www.decd.sa.gov.au/child-protection/child-safe-environments

Victoria Commission for Children and Young People

http://www.ccyp.vic.gov.au/child-safe-standards/index.htm

Templates and Further Information

Child Wise

http://www.childwise.net/

Child Wise: State Legislation and Mandatory Reporting

http://www.childwise.net/page/40/state-legislation-reporting

ChildSafe

http://www.childsafe.org.au/

Images of Children and Young People Online

https://aifs.gov.au/cfca/publications/images-children-and-young-people-online

NSW Ombudsman Child Protection List

https://www.ombo.nsw.gov.au/__data/assets/pdf_file/0006/3678/Child-Protection-PolicyChecklist-CP08.pdf

VIC CCYP Checklist: Child Safety Review and Action Plan

http://ccyp.vic.gov.au/child-safe-standards/resources-support/index.htm

VIC CCYP Child Safety Reporting Process

http://ccyp.vic.gov.au/child-safe-standards/standards/standard05.htm

VIC DHS Template Incident Report

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,guidelines-and-legislation/child-safe-standards-resources

Acknowledgements

We would like to acknowledge those LPA Members that provided feedback and shared their child safe policies with LPA to inform the development of this Guide.

We also thank the NSW Children’s Guardian and Victorian Commission for Children and Young People for their guidance.

WEST AUSTRALIAN OPERA WORKING WITH CHILDREN POLICY

ATTACHMENT 3. LPA NATIONAL PRINCIPLES

National Principles for Child Safe Organisations

Child safety and wellbeing is embedded in organisational leadership, governance and culture.

Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.

Families and communities are informed and involved in promoting child safety and wellbeing.

Equity is upheld and diverse needs respected in policy and practice.

People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.

Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training .

Processes to respond to complaints and concerns are child focused.

Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.

Implementation of the national child safe principles is regularly reviewed and improved .

For more information, please visit

https://pmc.gov.au/child-safety

https://childsafe.humanrights.gov.au/

Policies and procedures document how the organisation is safe for children and young people.

WEST AUSTRALIAN OPERA

WORKING WITH CHILDREN POLICY

ATTACHMENT 4. CODE OF CONDUCT

CODE OF CONDUCT FOR WORKING WITH CHILDREN AND YOUNG PEOPLE

1. The purpose of this code of conduct is to establish clear expectations for all those working with West Australian Opera (WA)) regarding appropriate behaviour when working with children and young people.

2. Children are identified as those under the age of 15 years and young people those aged 15 years and over but not yet turned 18 years.

3. The Performers’ Certified Agreement (PCA) applies for children and young people directed in a production.

4. All those working directly with children will be required to provide a Working With Children Check

All those working with WAO are responsible for promoting the safety and well-being of children and young people by:

 Treating everyone respectfully.

 Providing positive role modelling for children and young people.

 Ensuring children and young people have a positive experience with WAO

 Being inclusive and working to create an environment that is welcoming, safe and encourages participation.

 Respecting differences (eg cultural, religious, gender, language, political differences) in a sensitive way

 Listening to children and young people and responding appropriately.

You must not:

 Engage in inappropriate discussions (eg those of a mature or adult nature) in the presence of children and/or young people.

 Develop any relationships with children or young people outside of the professional relationship

 Arrange contact with children outside of the workplace.

 Give out your personal contact details, mobile number, email address, social media usernames, online profile details

 Receive personal contact details, social media usernames, online profile details from a child or young person

 Take photos or video of children and young people without the express written permission of their parent or guardian and WAO management.

 Enter a child or young person’s dressing room (unless you are the chaperone, designated supervisor or approved staff eg wardrobe or stage management)

 Engage in physical affection or physical contact towards any child or young person.

You must report any concerns to WAO management immediately.

I have read and understood the Code of Conduct; I understand that any breech of the code may result in disciplinary action, up to and including, termination of employment.

WEST AUSTRALIAN OPERA INVESTMENT POLICY

Approved by: Board

Original date and author: 29 November 2017, Sue Hobson

Scope: Investment Policy

For review: November 2020

Responsibility: Executive Director

INVESTMENT POLICY

The Investment Policy outlines the company’s policy in relation to the selection and management of investments, including:

1. Term deposits and cash holdings

2. Shares received by way of donation

The Finance and Audit Committee is responsible for managing the company’s investments within the policy approved by the Board.

The Committee seeks to manage financial risk by taking a conservative approach to the management of its investments.

1. TERM DEPOSITS AND CASH HOLDINGS

1.1 BACKGROUND

The company’s Investment Policy in relation to term deposits and cash holdings is structured to achieve two fundamental principles:

1. Term deposits are managed with a view to ensuring sufficient liquidity to meet cash flow requirements;

2. Term deposits should yield the highest return to the Company that can be achieved by:

o Utilising only reputable financial institutions or their affiliated online banking divisions

o Maximising returns via the selection of appropriate terms aligned to the nature of the reserve funds being invested.

The reinvestment of term deposits is to be reviewed prior to maturity, in order to assess the best subsequent investment for the company. Term deposits due for maturity and management’s proposed reinvestments are to be presented to the Finance and Audit committee for approval

1.2 INVESTMENTS

1.2.1 Term deposits for Restricted Reserves

Investment time frame: medium to long term.

Subject to Finance and Audit Committee approval prior to initial and subsequent investments, the term deposits selected for restricted reserve funds should consider all available terms including the longest terms offered by financial institutions, in order to maximize the yield.

1.2.2 Term deposits for Unrestricted Reserves

Investment time frame: short, medium or long term.

Subject to Finance and Audit Committee approval prior to initial and subsequent investments, the term deposits selected for unrestricted reserve funds should consider all available terms, considering:

- The company’s cash flow forecast and requirements

- Financial penalties for early termination of deposits.

1.2.3 Working Capital/Surplus cash

Investment time frame: short term.

Term deposits are to be considered when cash balanc es are in excess of working capital requirements.

1.3 MANAGEMENT

The Finance & Audit Committee delegates authority to the Accountant to obtain term deposit quotes for approval by the Finance and Audit Committee prior to (re)investment.

Such approval may be obtained by way of circular resolution.

2. SHARES RECEIVED BY WAY OF DONATION

2.1 BACKGROUND

During the 2011 financial year the company obtained an investment in the listed shares of Fortescue Metals Group (FMG), by way of donation.

2.2 INVESTMENT

The donor has stated a strong preference for the shares to be held by the company as a long term investment.

The valuation of the shareholding is reviewed by the Board on a regular basis (standing agenda item).

2.3 MANAGEMENT & ACCESS

Any decision regarding the disposal of the whole or a portion of the shareholding requires Board approval.

2.4 DIVIDENDS

Dividends received by the company are to be applied against the company’s annual operating costs.

THE WEST AUSTRALIAN OPERA CO INC INVESTMENT POLICY STATEMENT

Effective Date: Thursday, May 11, 2023

1. INTRODUCTION, PHILOSOPHY AND SCOPE

1.1. Organisational Purpose

Established in 1967, The West Australian Opera Co Inc (WA Opera) has been Western Australia’s only fulltime, professional opera company for over 50 years.

The company has a strong education and community program, including Wesfarmers Arts Singing Classes, library events, school excursions and incursions, makeup workshops and behind-the-scenes opportunities.

Investment decisions for the available capital of WA Opera are to be made in a manner that will support the strategic priorities of the company and enable it to achieve its outreach both today and into the future, to enrich the cultural landscape of WA.

1.2. Scope

This Investment Policy Statement (IPS) is to apply to WA Opera’s investable assets as determined by the Board

1.3. Investment Philosophy

The investment philosophy guides the way that the capital of WA Opera is invested. It combines key principles to deliver consistent returns in line with the purpose of the investments The foundations of this philosophy are:

• to invest for the long term and look beyond short-term trends;

• to engage active management of investments to add value;

• to diversify the investments to generate better risk adjusted returns; and

• to invest sustainably and responsibly in line with best practice and WA Opera values.

1.4. Purpose of Investment Policy Statement

This IPS specifies the parameters for managing the financial assets of WA Opera. It also describes the process by which the investments are governed, including the responsibilities of the Board and its delegated authorities

An overarching objective of this policy is to enable WA Opera to prudently manage its financial assets in a manner that supports its strategic priorities. The IPS is intended to be flexible and responsive to both current and future practices, whilst governing the management of the investments for the applicable time frame.

The Board accepts that a portfolio of investments that is diversified across different asset classes, and which is prudently managed by expert advisers, will increase the probability of achieving its investment objectives.

In order to meet these objectives, the Board has established three distinct pools of capital:

1. Short Term Pool: for working capital, short term liquidity requirements and specific purposes;

2. Restricted Asset Pool – assets that cannot be sold or liquidated unless specific authority is provided. The income returns from these funds can be used to support the operational needs of the organisation; and

3. Long Term Pool – investments set aside for specific purposes with a long-term investment horizon (rolling 5 years)

The financial assets of WA Opera will be invested in each of these pools depending on their purpose and the strategic priorities of the organisation

2. INVESTMENT OBJECTIVES & ASSET ALLOCATION

2.1. Asset Allocation Considerations

The following factors are to be considered when determining the asset allocation for the investment pools:

• the income tax exempt status of WA Opera;

• the time horizon for each pool of capital;

• the investment objectives of each pool of capital;

• the benefits of holding investments which provide access to franked income;

• the capital preservation requirements for each pool of capital;

• the need for diversification to appropriately manage risk across individual issuers, sectors or instruments;

• the need for sufficient liquidity to meet any distribution requirements; and

• the potential impact of inflation, requiring an exposure to growth assets in order to maintain and/or grow the real capital value of the portfolio over the long term.

The following section outlines the investment objectives and asset allocation parameters of each of the pools. The Strategic Asset Allocation (SAA) benchmarks represent the long-term asset allocation we believe will deliver the investment return objective over the applicable timeframe at an acceptable level of risk. It is understood that with market fluctuations, withdrawals, and contributions, it is unlikely that at any point in time the actual asset allocation will equal the benchmark exactly.

The Board recognises that there may be current under-investment in illiquid asset classes (real estate, real assets) and the corresponding need to set rebalancing ranges around this effective policy allocation until such time as long-term policy weights in these classes are achieved. The allowable ranges for each asset class and in total have been chosen to be consistent with budgets and ranges for total and active risk.

If the Board forms the view that the portfolio must be liquidated or invested in a manner outside of the ranges, they will inform the Investment Adviser in writing with details of the investment approach they are seeking to implement and the term of this position.

2.2. Short Term Pool

The objective of the Short Term Pool is to provide the working capital to fund ongoing administration and management costs of WA Opera. As such, capital certainty and liquidity are paramount.

These investments are to be held in cash and short-term deposits only and are outside of the scope of this policy.

2.3. Restricted Asset Pool

The Restricted Asset Pool will hold a diverse range of assets – including Term Deposits and Equities. The income from these assets will be used to support the operational expenses of WA Opera. The assets are restricted in nature and unable to be liquidated and as a result, this pool does not have a specific return target or management approach and is out of scope of this policy.

2.4. Long Term Pool

The objective of the Long Term Pool is to produce capital growth and income over the long term

The investment return objective for this pool is to achieve total returns (income and capital growth) of Consumer Price Index (CPI) All Groups + 2.5% over a rolling 5 year period after fees. In terms of risk, on adoption of this policy it was forecast that this portfolio would have a volatility of 5.5%, with a 68% probability that the range of returns will be between -1.7% and 9.2% (and 95% probability it will be between -7.0% and 14.4%)

The asset allocation benchmark and ranges for the Long-Term Pool are:

2.5. Active Management

The economic modelling (Appendix 1) that supports the above asset allocation is based on a ‘passive’ or ‘nonactive’ approach to investment in the underlying asset classes As stated in the Investment Philosophy, we believe that quality active management by a proven Investment Adviser can add value. As such the Board will engage the services of a professional Investment Adviser to manage the portfolio, with the intention that active management and investment selection will provide superior risk-adjusted returns over the relevant investment timeframe

2.6. Allowable Investments & Restrictions

Allowable investments under each asset class are articulated in Appendix 2.

3. INVESTMENT GUIDELINES, REPORTING & BENCHMARKS

3.1. Responsible Investment Guidelines

In keeping with our philosophy, the Board has determined that our investments must be invested sustainably and responsibly in line with best practice and our values. Specifically, the Board requires the investments of WA Opera be managed in line with the following guidelines:

• Environmental, Social and Governance (ESG) factors must be integrated into the investment process.

ESG integration is the systematic inclusion of environmental, social and governance factors into the investment decision-making process by Investment Advisers The integration of ESG factors is used to enhance traditional financial analysis by identifying potential risks and opportunities beyond technical valuations. The Board believe that along with economic and market-related factors, ESG factors are important as they can have a long-term impact on how the portfolio performs. The Board also notes that ESG factors should not be used as a proxy for exclusions on the basis of ethics, values and beliefs.

• The portfolio be proactively managed in alignment with our stated values, ethics and beliefs.

By this, the Board means that we ‘positively include’ or ‘negative exclude’ exposure to specific holdings, investments or industries based on its alignment or misalignment with our stated values, ethics and beliefs. The Board accepts that the exclusion of specific holdings, investments or industries has the potential to limit the investment universe available and may negatively affect the risk adjusted return generated by the portfolio.

With that in mind, the Board has determined that to ensure that the portfolio reflects the ethics, values and beliefs of WA Opera, there will be no direct investments in companies that derive material revenues (more than 10%) from the sale or production of tobacco.

When evaluating Managed Investments, the Investment Adviser will take a best endeavours approach to ensure that there is no individual exposure to companies that derive more than 10% of revenues from the production or sale of tobacco products.

• Exposure to Impact Investment opportunities will be considered on a case-by case basis.

All investments have some level of impact. The emerging field of ‘Impact investment’ seeks to invest with the intention to generate positive, measurable social and environmental impact alongside financial return. The Board have determined that it will consider investing in impact investments on a case by case basis in accordance with the other parameters within this IPS.

3.2. Diversification and Holding Guidelines

To ensure adequate diversification and maintain the overall quality of the investments held in the portfolio the following restrictions apply:

• no direct investments (i.e. excluding Managed Investments) in fixed income instruments where the issuer rating is below investment grade (currently BBB-/S&P);

• no direct gearing of the portfolio;

• no single investment shall exceed 10% of the portfolio at any time other than cash or bank term deposits.

• no more than 10% of total portfolio in any one issuer in a single asset class; and

• no more than 20% of total portfolio in any one Managed Investment.

3.3. Liquidity Guidelines

The need for liquidity, in alignment with the organisational strategy, has been considered in determining the capital available for investment, and the time frame for investment. Depending on the prevailing environment and/or unforeseen change in circumstances, there may be a need to realise and access capital without significant delay (within 15-20 working days under normal market conditions) - to that end there is a preference for liquid holdings across the portfolio.

However, the Board recognises that to achieve optimal risk and return objectives over the medium to long term, there is value in exposure to investments that have lower liquidity – for example private credit, private equity, real estate and infrastructure – in a well-diversified portfolio.

Exposure to these assets and strategies can improve portfolio characteristics by adding stability of long term income, improving diversification, reducing risk and enhancing returns. In order to generate the required investment return objectives, the Board are comfortable with exposure to semi-liquid and illiquid assets of up to 10% of the total value of the Long Term Pool.

3.4. Reporting and Administration

The Investment Adviser will provide quarterly reports that include:

• a review of the asset allocation strategy and its appropriateness in light of the changing investment environment, which may lead to rebalancing or tactical tilts;

• performance of each pool against the investment return objectives;

• performance for each asset class relative to benchmark indexes;

• quarterly, yearly and since-invested performance returns within each asset class and individual investments relative to benchmark indexes; and

• any investment recommendations.

3.5. Individual Asset Class Benchmarks

The following benchmarks are to be utilised for performance measurement of the underlying individual investment asset classes:

4. RISK STATEMENT

In seeking to maximise returns the Board is mindful of the inherent risks. Such risks are considered acceptable because they offer a reasonable expectation of compensation in the form of returns above the risk-free rate (excess returns) over the time horizon of the investment pools. Risks accepted in order to pursue the investment objective fall into the following categories:

4.1 Liquidity and Volatility risk

Liquidity risk is generally considered to be a measure of how quickly a security can be converted to cash, without negatively impacting its value. At any point in time, securities may be difficult to purchase or sell, preventing the Investment Adviser from closing out a position or rebalancing. As a result, withdrawal requests may be prevented until resolved. Volatility risk refers to the potential for the value of your portfolio varying over time. This may lead to fluctuations in the value of your portfolio over a period between when a withdrawal request is received to when it can be executed. The key factors that influence liquidity in an investment relate to its nature and characteristics, such as:

• the type of investment, e.g. equity, bond, property;

• the structure of the investment, e.g. direct holding, units in a trust;

• the marketability of the asset;

• whether the asset trades on listed or private markets; and

• the size of the holding relative to normal trading volumes.

The Board recognises that the liquidity of an investment is not a discrete factor and can change significantly over time depending on market cycles and economic activity The Board further recognises that short term risks may arise from a shortfall in the income required to meet expected cashflows from the investments. To offset this, the Board should:

• maintain sufficient liquidity as per this policy; and

• conduct scenario planning to accurately forecast expected cash flows and costs.

4.3 Credit Risk

Counterparty risk (credit) is the risk of loss due to a counterparty not honouring a commitment, these may include custodians, brokers and settlement houses (financial institutions). Credit risk (or counterparty risk) is the risk of default by the counterparty on its contractual obligations. In regard to indirect credit investments (eg: Managed Investments), appointed Investment Advisers are required to ensure the following are within the guidelines outlined in the fund’s investment mandate:

• the average credit quality within the fund manager’s portfolio;

• the exposure to different tiers of credit (including unrated debt); and

• the maximum permitted exposure to any one issuer

Appointed Investment Advisers are also required to ensure that direct credit investments are made in accordance with the guidelines stipulated in section 3.2 Diversification and Holding Guidelines.

4.4 Market Risk

Market risk refers to changes in the prices to investments in your fund that may result in loss of principal or large fluctuations in the valuation of the portfolio within short periods of time. In addition, non-Australian securities might attract further market risk in relation to, foreign government policy & social stability, country differences such as exchange and transactional procedures, accounting, auditing and financial reporting.

The Fund holds exposure to a wide range of assets which the Board expects will produce returns divergent from and superior to the risk-free rate over the long term, but in respect of which the value may fall

Principal exposures include:

• broad equity market risk, both globally and in Australia;

• broad debt market risk, including interest rate duration, credit spread duration, credit quality migration and default risks;

• currency exposure, including risks of movement in the value of both the Australian dollar and the foreign currencies held;

• non-uniform performance within broad asset markets (e.g. divergence in returns by sector, geographic region, growth vs. value styles, and large vs. small stocks); and

• return uncertainties within the property and more generally, private markets.

4.5 Implementation Risk

Implementation risk is a risk that the performance of the portfolio will differ from that of the corresponding Investment Managers performance. This occurs due to factors such as differences in the buy and sell prices of investments, fees, movements of cash and securities into and out of the portfolio, including any income elections, differences in weights of holdings due to special instructions, ASX rules around non-marketable trade parcel size, and any trading restrictions imposed by the Investment Adviser, or any unlisted or illiquid securities.

4.6 Manager Risk

Investment Manager risk is the risk that appointed managers may exceed or fall short of performance objectives or produce returns that compare favourably against other Investment Managers. Reasons for this could be the manager’s loss of key staff. In particular, appointed fund managers may exceed or fall short of the objectives set for them. Market returns and manager performance should be largely independent (i.e. performance of a manager relative to the broader market should not be impacted by the perf ormance of that market itself). Fund manager risk is generally addressed by:

• careful selection and monitoring of fund managers to ensure there is sufficient confidence that each manager warrants the allocation of active risk to them; and

• monitoring the composition of the portfolios of active managers to ensure that there are no unintended biases away from the intended investment strategy.

4.7 Operational Risk

General operational risk may involve an economic loss or reputation risk. It includes fraud, theft, unauthorised use of financial instruments and other breaches of delegated authority. It also includes loss due to poor transaction documentation, inadequate information systems or human error. To minimise this the Board will:

• keep proper accounts and records of the transactions and affairs;

• maintain a sufficient internal control framework that minimises potential loss arising from unrecorded or unauthorised transactions;

• place priority on the retention and recruitment of high- quality staff; and

• ensure the availability and reliability of hardware and software systems.

4.8 Currency Risk

Currency risk is the risk that fluctuations in exchange rates between the Australian dollar and foreign currencies may cause the value of non-Australian securities to fluctuate significantly. If your portfolio includes exposure to non-Australian securities, they may not be hedged back to Australian dollars and therefore your portfolio may be exposed to currency risk. Investments in non-Australian securities may be hedged to mitigate the impact of these currency movements. A decision to invest in non-Australian securities may be a part of the approved investment strategy of the Board, and should be taken in tandem with a decision on currency hedging. In certain circumstances, an organisation may also consider other factors which might influence currency risks (eg cost of operations or income sources).

4.9 Concentration Risk

Concentration risk – asset class and investment manager diversification are generally employed to reduce the overall risk of the portfolio and the likelihood of generating negative returns. In accordance with a prudent approach, asset class and fund manager diversification should be employed to reduce the overall risk of the portfolio and the likelihood of generating negative returns. Asset class diversification is achieved by investing in a number of different asset classes with different risk/return characteristics. Fund manager diversification is

achieved by utilising a number of different fund managers within each asset class with different investment styles.

5. APPOINTMENTS & DELEGATIONS

The Board of WA Opera has a fiduciary responsibility to ensure that the investment of capital is properly managed. Specifically, the Board is required to:

• create, maintain and review the Investment Policy and approve any changes,

• approve asset allocation bands and investment guidelines;

• appoint Members to the Finance & Audit Committee;

• approve the appointment or termination of an external Investment Adviser; and

• set, review and amend when appropriate any spending or draw down policy, i.e. determine how much of the income or realised gains within the portfolios will be used for specific expenditures.

5.1 Delegations

The Board has delegated certain authority to the Finance & Audit Committee to oversee the portfolio and to make portfolio-related decisions. The Finance & Audit Committee functions include but are not limited to:

• allocating capital across asset classes in a prudent manner and in accordance with the Board’s investment objectives;

• discussing and approving tactical allocations within the Board’s approved asset allocation bands;

• nominating, appointing, overseeing and terminating Investment Advisers as approved by the Board;

• monitoring and reporting on the performance of the investment portfolio and the performance and compliance of fund managers;

• making recommendations to the Board for approval of any changes to this Policy;

• complying with all relevant investment policies and guidelines; and

• minuting all Committee meetings, with a clear detail of resolutions.

5.2 Appointment of External Investment Advisers

The Board may appoint an external Investment Adviser to, amongst other things, invest and manage the investments on its behalf. In such an event, the Investment Adviser will be contracted to manage the investments according to this Policy.

Particular emphasis will be placed on objectively selecting an Investment Adviser whose business models and approach are highly aligned with the interests of WA Opera and who are willing to assist the Board and Finance & Audit Committee to build on internal competencies in the relevant specialist areas. Value will also be placed on the capacity for the selected Adviser to provide assistance and advice to WA Opera in enhancing its mission

The Investment Adviser must:

• hold an appropriate Australian Financial Services License (AFSL);

• have professional indemnity insurance cover and provide evidence of it upon request;

• comply with investment requirements imposed by State laws or Territory laws;

• invest and manage the portfolio on behalf of the Board, including sourcing and making suitable investments in accordance with the Policy;

• exercise due diligence and vigilance in carrying out their functions, powers and duties under this Policy;

• keep the portfolio under review, including making full or partial realisation of individual investments and to confer at regular intervals with the Finance & Audit Committee regarding the management of the investments; and

• advise the Finance & Audit Committee of any breaches of the Investment Policy or mandate and disclose any material matters that in the opinion of the investment Adviser should be disclosed.

5.3 Implementation

The Investment Adviser will email the Members of the Finance & Audit Committee with full details of the proposed transaction and any necessary disclosures and the speed by which a decision would be required. The Committee Members should respond to the Investment Adviser within 24 hours giving details of any concerns or questions and giving approval or opposition to the transaction. A quorum for the Committee is a minimum of three Members.

5.4 Investment Adviser Performance

The performance of the Investment Adviser is to be reviewed on an annual basis. In assessing the Investment Adviser’s performance, consideration will be given to the following:

• investment style;

• responsiveness;

• communication;

• proactive approach to investment opportunities;

• value adding customer service;

• flexible, accurate and timely reporting; and

• investment performance.

The Board recognises that short-term fluctuations may cause variations in performance; as a result, the Board intends to evaluate the Investment Adviser’s performance from a medium to long-term perspective.

5.5 Investment Adviser Review

Investment Advisers shall be formally reviewed by the Board every three years. A material change in the circumstances of the Investment Adviser (e.g. significant change in key personnel, change in ownership structure) may trigger an earlier formal review.

In addition, significant underperformance of the Investment Adviser against the criteria stated in section 5.4 may result in Investment Adviser termination prior to the scheduled review.

5.6 Breaches of Investment Policy

Where the Investment Adviser is in material breach of the terms of the Investment Policy, the Finance & Audit Committee may conduct a review of the causes of the breach. Depending on the finding of this review the Finance & Audit Committee may, acting reasonably, terminate the engagement of the Investment Adviser outside of the formal review cycle.

The Investment Adviser will provide reporting on a quarterly basis where it will review and identify and disclose any breaches of this policy and the materiality of the breach to the Finance & Audit Committee. A material subsisting breach outside of the agreed allowable ranges which has not been rectified within 10 business days must be reported to the Finance & Audit Committee

5.7 Policy Review

Due to the nature of the financial markets and the potential for change in the underlying investments over time, an annual review of this policy, including allowable investments and restrictions, will be conducted by the Finance & Audit Committee with the Investment Adviser. A review of this policy may also be triggered by a change in WA Opera’s financial requirements and circumstances. This review process will address issues such as any significant change in the organisations financial position, proposals to alter the investment risk management strategy, alterations to delegated authority and any additional management information reporting requirements.

6. RELEVANT LAWS & VERSION CONTROL

6.1 Relevant State and Territory Laws

The Board of WA Opera must comply with investment requirements imposed by Commonwealth, State or Territory laws.

The West Australian Opera Co Inc is an Incorporated Association which is governed under the Associations Incorporations Act 2015 (WA) WA Opera is also a registered Charity with the Australian Charities and NotFor-Profit’s Commission (ACNC)

The ACNC requires charities to meet governance standards. Under Governance Standard 4 Charities must make sure its responsible persons are suitable, and under Governance Standard 5 they must ensure their responsible persons are aware of their duties and comply with them.

Under Governance Standard 5 responsible persons must:

• act with reasonable care and diligence;

• act honestly and fairly in the best interests of the charity and for its charitable purposes;

• not misuse their position or information they gain as a responsible person;

• disclose actual or potential conflicts of interest;

• ensure that the financial affairs of the charity are managed responsibly; and

• not allow the charity to operate while it is insolvent.

6.2 Conflicts of Interest

Board and Finance & Audit Committee Members are required to disclose any conflict of interest and remove themselves from the decision-making process related to the conflict.

6.3 Policy Adoption

This Investment Policy Statement was adopted by;

Andrew Pascoe Chairperson of WA

Opera

Date: 2 November 2021

6.4 Change History

Version Approval date Approved by Change

1.1 Thursday, 11 May 2023 Investment Policy Adopted

APPENDIX 1: FINANCIAL MODELLING

The Asset Allocation proposed was based on financial modelling assumptions and forecasts presented below.

Forecast Risk & Return

APPENDIX 2: ALLOWABLE INVESTMENTS & RESTRICTIONS

Only investments in the following assets are permitted:

Cash:

• Cash deposits

• Cash Management Trusts/investments backed by Australian licensed and regulated banks and deposit taking institutions (ADI)

• Term deposits

• Managed Investments that are predominantly invested in these assets

Government Bonds:

• Direct Government & Semi-Government bonds

• Managed Investments that are predominantly invested in these assets

Credit:

• Corporate securities and direct securities within this class

• Direct Hybrid Capital issues

• Private Debt

• Absolute Return

• Managed Investments that are predominantly invested in these assets

• Social and Environmental Bonds – Social Impact Bonds, Green Bonds, Gender and/or Social Development Goal Bonds

Real Assets:

• Directly held property

• Listed Real Estate Investment Trusts

• Property Trusts

• Infrastructure

• Renewables and Natural Resources

• Managed Investments that are predominantly invested in these assets

Equities:

• Direct Equities

• Listed Investment Companies

• Private Equity / Venture Capital

• Equity Long Short

• Managed Investments that are predominantly invested in these assets

Uncorrelated Strategies: any investment that demonstrates clear uncorrelated characteristics such as:

• Market Neutral strategies

• Global Macro strategies

• FX

• Commodities

• Renewables and Natural Resources

• Managed Investments that are predominantly invested in these assets

APPENDIX 3: DEFINITIONS

In this document:

• ‘WA Opera’ means The West Australian Opera Co Inc, ABN 45 432 889 655;

• Environmental, Social and Governance (ESG) means evaluating various ESG criteria during the investment process to the extent that those criteria may be material to risk, thematic opportunities and investment performance;

• ‘Ethical investment’ means the adoption of ‘screens’ based on moral, ethical or religious beliefs, which may lead to the exclusion or inclusion of entire sectors, companies or geographical regions;

• ‘Financial Year’ means a one year period from 1 July to ending 30 June the following calendar year;

• ‘Fund Manager’ means the entity or persons that are charged with executing the agreed strategy and managing the trades of a Managed Investment;

• ‘Illiquid Investment’ means an investment with liquidity windows that are offered annually, or less frequently than annually, and therefore cannot be converted to cash within, or reasonably close to, 12 months without a significant adverse impact on its realisable value;

• ‘Impact Investments’ are investments that are made with the specific intention of generating measureable social and environmental impacts alongside financial returns;

• ‘Investment Adviser’ means professional and qualified firms or individuals who are engaged by the WA Opera to provide investment advice and services under contractual terms;

• ‘Finance & Audit Committee’ means the Committee appointed by the Board to oversee the Investment Mandate;

• ‘Investment Mandate’ means the portfolio investment objectives, guidelines and strategy as provided for in this Investment Policy Statement;

• ‘Investment Policy Statement’ (IPS) means this document as amended from time to time;

• ‘Liquid Investment’ means an investment with liquidity windows that are offered monthly, or more frequently, and can therefore be converted to cash within 90 days;

• ‘Managed Investment’ means a pool of investments that are professionally managed by a Fund Manager. This includes the following:

Managed Funds;

Managed Accounts;

Listed Investment Companies and Listed Investment Trusts; and Exchange Traded Products

• ‘Portfolio’ means the investable assets of WA Opera;

• Responsible Investment’ (RI) is a generic term referring to investments that integrate financial goals with positive societal values. RI is an approach to investment that can include ESG integration, advocacy, impact investing, and ethical screening;

• ‘Semi-Liquid Investment’ means an investment with liquidity windows that are offered more frequently than annually and less frequently than monthly

WEST AUSTRALIAN OPERA RISK POLICY

Approved by: APPROVED BY BOARD 4 DECEMBER 2019

Original Date and author: March 2018, Carolyn Chard with Mandy Damant, Risk and Assurance consultant

Scope: Risk Framework

Reviewed: September 2018

December 2019

Responsibility: Executive Director

Further papers (attached) Risk Framework

With thanks to Mandy Damant for consultancy and advice in preparing these risk documents Page 1 of 2

WEST AUSTRALIAN OPERA RISK POLICY

1.0 POLICY STATEMENT

West Australian Opera (WAO) has a Risk Management approach consistent with the International Standard ISO 31000:2018 Risk management - Guidelines (ISO 31000:2018), which is integral to corporate governance, strategic and business operations. With this approach, WAO ensures that risk based decision making is based on a consistent application of the risk methodology.

Risk Appetite

WAO accepts that there is an element of risk in every activity it undertakes aims to actively manage risks in pursuit of its objectives. Risks are identified and assessed in accordance with the risk assessment criteria and depending on the level of risk, a risk treatment plan is developed

1.1 PURPOSE

Organisations of any kind face internal and external factors that create a level of uncertainty which will influence the achievement of their objectives. The effect this uncertainty has on the objectives of a business is defined as “risk”. The objectives of this policy are:

• That risk management forms an integral part of all decision making to ensure risk management is adopted throughout WAO as a prudent management practice,

• To ensure that all employees, contractors and partners are made aware of the need to manage risk, and to promote a culture of participation in the process, and

• To set the standard for the risk management process and subsequently the management of risk

1.2 SCOPE

This policy applies to all WAO staff, contractors and partners. All parties have a significant role in ensuring effective risk management in their area of business activity.

1.3 JUSTIFICATION

The application of this policy aims to deliver:

• An approach for the management of all risks across WAO,

• Consistent terminology, methodology and process for the management of risk,

• The integration of risk management into decision making processes, and

• Assurance to the Board, Audit & Finance Committee and Executive, that risks are identified and managed.

1.4 PRINCIPLES

This policy along with the WAO’s Risk Management Framework has been developed, reviewed and implemented in accordance with ISO 31000:2018 The principles of the WAO’s approach is to manage the risks involved in all aspects of its activities to a tolerable level by achieving a balance between acceptable levels of risk and reward through the effective and efficient use of resources. The key principles are:

• Corporate risks are reviewed at least annually, and

• These risks will be assessed using the approved risk assessment criteria.

1.5 APPLICATION

The risk management process is coordinated and monitored by the Executive Director, WAO.

1.6 KEY REFERENCES

• Risk Framework

• Risk Assessment Criteria

With thanks to Mandy Damant for consultancy and advice in preparing these risk documents Page 2 of 2

WEST AUSTRALIAN OPERA RISK FRAMEWORK

1.0 RISK FRAMEWORK

The WAO Risk Framework outlines the principles and key structural elements for managing risk. The Framework elements are comprised of:

i. Risk Policy (principles) – refer Risk Policy,

ii. Risk Appetite (analysis) – refer Section 2 below, and

iii. Risk Assessment Criteria (measure of risk) – refer Section 3 below

The management of these elements ensure a consistent application of risk management practices throughout WAO to enable risk-based decision making capability.

2.0 RISK APPETITE

WAO accepts that there is an element of risk in every activity it undertakes aims to actively manage its risks in the pursuit of its objectives. The level of risk is expressed in terms of a combination of Consequence and Likelihood (Extreme, High, Moderate and Low) using WAO’s Risk Assessment Criteria. Extreme risks are deemed ‘unacceptable’ and risks rated as High, ‘undesirable’. There will be a clear risk mitigation plan for risks rated as High or Extreme to be reduced to a Moderate/Low risk level, where resources allow. Extreme and High risks that do not have a mitigation plan to achieve a tolerable level of risk will be reported to the Board.

The WAO Risk Assessment Criteria includes the Consequences which are a fundamental element of defining the risk appetite for WAO.

The resulting analysis of a risk leads to a clear Risk Acceptance & Treatment Decision based on the level of risk.

2.1 Consequences

Consequence Consideration for identifying and grading Consequence severity levels

Financial WAO is exposed to a range of factors that impact financial viability and revenues

People and Public Safety of people and the public is a high priority for WAO.

WAO is committed to meeting the requirements of laws, industry and organisational policies and standards, principles of good governance and accepted community and ethical standards

Contractual obligations with key partners, eg:

• Regulatory and legislative requirements, support from Government,

Compliance

• Sponsors, failure of KPIs,

• Other items:

Policy breaches and Code of Conduct Integrity and ethical dealings

Audience development

• Strong relationships with colleagues and the sector

Perceived impact on brand & image of WAO, eg:

• Owner expectations

Reputation

• Stakeholders (Government, Regulators, Industry)

• Patrons expectations

• Public perception

Impact on audience development

Artistic Vibrancy

To present the standard repertoire and develop the art form while increasing artistic vibrancy Commission, present and produce new work

Artists not willing to work with the organisation

WEST AUSTRALIAN OPERA RISK FRAMEWORK

2.2 Risk Acceptance and Treatment decision

Level

Extreme Unacceptable

High Undesirable

Decision on risk treatment to be made by Executive Director and Board Development of a risk strategy and supporting actions is required.

Immediate reporting to Board & monitoring of risk

Decision on risk treatment to be made by Executive Director with notification to Board

Development of a risk strategy and supporting actions is to be considered in light of risk appetite and cost (if not treated, justification is required and recorded)

Regular reporting & monitoring of risk (in context) by next Board meeting

Moderate Monitor Decision on risk treatment to be made by applicable manager

Ongoing monitoring of existing controls and management by routine activities required Reporting requirements within business activities and forums

Low Accept

Decision on acceptance of risk to be made by applicable manager Management by routine process & reliance on existing controls

No reporting requirements

3.0 RISK ASSESSMENT CRITERIA

3.1 PURPOSE

This document outlines the Risk Assessment Criteria for Western Australian Opera (WAO). The intent of this document is to provide a consistent measurement of risk which can be used by all areas of the business and which allows for meaningful comparisons.

3.2 SCOPE

These guidelines set out the standard criteria which are applicable to all risk assessment business activities carried out within WA Opera. Any variation on this criteria needs to be specified and confirmed as being a variation of the risk assessment and should be approved by the Executive Director for Risk.

3.3 DEFINITIONS

Risk Effect of uncertainty (either positive or negative) on WAO’s objectives or desired/expected outcome.

Control A measure that is modifying risk. An existing process, policy, device, practice or other action that acts to modify a risk or enhance an opportunity.

Consequence The outcome of an event expressed qualitatively or quantitatively, being a loss, injury, disadvantage or gain. There may be a range of possible outcomes associated with an event. The impacts may be Financial, People & Public, Compliance and Reputation. The severity of the Consequence is the most plausible/ expected/credible (as opposed to a worst-case) outcome should the risk manifest into an event. Consequences are measured after a consideration of the Controls in place resulting in a Residual Risk rating

Likelihood The chance that the Risk event and subsequent Consequences will occur. Used as a qualitative description of probability or frequency. These events could be known to occur across like industries or within WAO.

Risk Level The level of risk is the magnitude of a risk or combination of risks, expressed in terms of the combination of Consequences and Likelihood.

Residual Risk The level of risk after consideration of the controls in place.

Risk Appetite Amount and type of risk that WAO is willing to pursue or retain.

Risk Acceptance

Risk Treatment

An informed decision to take a particular risk. Risk acceptance can occur without Risk Treatment or during the process of Risk Treatment.

A process to modify a risk. It involves selecting and implementing one or more treatment options.

Risk Owner A person who is authorised to and accountable for a risk outcome.

WEST AUSTRALIAN OPERA RISK FRAMEWORK

3.4 CONSEQUENCE RATING

Consequences are rated after consideration of the Controls identified and the effectiveness rating of those Controls

Key question: Given the current level of controls, what is the consequence of the risk event to WAO?

Health

safety of

and staff as a result of WAO activities

Regulatory/legislative requirements, support from Government, Sponsors, failure of KPIs, Policy breaches, Code of Conduct

Public perception, Stakeholder engagement, Patrons experience, resulting in external party interference

Significant widespread degradation of performances;

Commission, present and produce work – standard of performance

Greater than $500,000

Single fatality; Injury/illness resulting in significant permanent disability or life shortening illness.

Royal Commission/ Parliamentary inquiry; Government censure; Lose licence to operate

Event (e.g. terror) resulting in total loss of patronage for events; Impacts on trust and credibility with multiple High Priority Stakeholders; Extensive negative media coverage; Growing sustained community and patronage dissatisfaction;

Duration of WAO’s response > 1 month

Minimal to no work commissioned/presented (cease producing operas) or

Production/s leads to a total loss of standing in the community

Greater than $50,000 less than $500,000

Serious injury/illness, requiring specialist medical treatment or hospitalisation, resulting in loss of functional ability (Restricted Duties Injury) or time off work (Lost Time Injury)

Less than S50,000 Injury/illness requiring no treatment or first aid treatment only (Minor Injury)

Formal directives received to rectify items; Breach of contract condition; Breach of policy

Low to no government/ministerial involvement;

Minor contractual breach

Parliamentary question / Ministerial directive;

Impacts on trust and credibility with Moderate Priority Stakeholder; Media coverage, coordinated communication of community concerns and complaints

Brief loss of attendance from patrons, or inconvenience for patrons

Possible impact on trust and credibility; Low public awareness, no media coverage; Inconsequential complaints from the community

Work commissioned/presented or produced has a temporary impact; Some loss of standing in the community

Work commissioned/presented or produced has negligible negative impact on WAO standing in the community

WEST AUSTRALIAN OPERA RISK FRAMEWORK

3.5 LIKELIHOOD RATING

Key question: Given the current level of control, what is the likelihood of the described risk event occurring?

A Almost Certain

The event is expected or known to occur on multiple occasions within a year.

B Likely Known to re-occur approximately annually or in alternate years.

C Unlikely

The event could occur at some time.

3.6 CONTROL EFFECTIVENESS RATING

Will occur more than once a year

Will occur every 1 to 2 years

Will occur beyond 2 years

Key question: What are the things we do to modify, manage or maintain the risk? And how well are they designed and operating?

Rank Descriptor Description

O Operating as Intended

A Attention Required

I Inadequate

3.7 RISK MATRIX

The control is designed to positively impact on the described risk, and/or The control operates as intended (available and reliable within tolerable ranges), and/or

Improvements to the control are not required in the short term

The control design or operation may not always positively impact on the described risk, and/or

Errors in control application can result in isolated cases of inconsistencies, and/or

Improvements should be made in the short term if feasible

The control is not designed and/or operating to impact on the described risk, and/or

Errors in control application may/will occur, and/or Improvements are required immediately

Level of risk considering the described severity of Consequences and Likelihood ratings

3.8

Key question: Considering Level of Risk and Control effectiveness rating, what further risk treatment needs to be applied to manage the risk to levels that are considered to be acceptable and within the risk appetite of the business?

Refer to Section 2.2

Document history

Document established and distributed for commentary June 2018

Updated based on feedback from WAO staff August 2018

Updated based on Audit Committee feedback November 2018

RISK ACCEPTANCE & TREATMENT DECISION

WEST AUSTRALIAN OPERA

DOCUMENT CORPORATE GOVERNANCE CHARTER

DATED 2010

UPDATED 30 JULY 2020

FOR REFERENCE WAO CONSTITUTION (SEPARATE DOCUMENT)

REVIEWED BY Deputy Chair, Executive Director 30 July 2020

ATTACHMENT FYI Essential Governance Practices for Arts Organisations

SECTION 1 – THE ROLE OF THE BOARD

1.1 THE ROLE OF THE BOARD

The Board has overall responsibility for the performance and good corporate conduct of the Company. The Board is responsible for, and has the authority to determine, the policy, practices, management and operation of West Australian Opera and shall do all such things as may be necessary to be done from time to time in order to carry out the objectives of the Company.

Without limiting this general role, the principal functions and responsibilities of the Board include:

1. Overseeing the management of the Company and the management of risks

2. setting the short, medium- and long-term goals of the Company

3. providing strategic direction to the Company

4. determining the policies governing the operations of the Company

5. appointing and setting the terms and conditions of the appointment of the Executive Director and the Artistic Director (or Music Director)

6. Reviewing and providing feedback to the Executive Director and Artistic Director (or Music Director) on their performance

7. Establishing and determining the powers and functions of all committees of the Board

8. Approving the annual budget and long-term budget plans

9. Approving significant contracts and agreements entered on behalf of the Company

10. Monitoring the performance of the Company, reviewing audit reports, and providing direction on any corrective action needed

11. Ensuring proper accounting records are maintained by the Company

12. Ensuring legislative and regulatory compliance

13. Reporting to members on the performance of the Company

14. Reviewing annual progress and performance in meeting the objectives of the Company including, reporting on the outcome of such reviews

The Board will carry out its activities through the Executive Director and delegates to him/her specific powers and responsibilities.

1.2 BOARD STRUCTURE

In line with good governance principles, the Board of West Australian Opera believes that it is essential for its structure to reflect the need for independence, transparency, flexibility and to protect/represent the interests of all stakeholders The structure and powers of the board are set out in the Constitution

1.3 THE ROLE AND DUTIES OF INDIVIDUALS

The Board of West Australian Opera is responsible for the overall success of the Company, including:

1. Financial operations and solvency

2. All matters as prescribed by law and

3. The strategic direction of the Company.

The common law principle of the duties of directors is to act honestly, to exercise reasonable care and skill, to be diligent and to be aware of and understand the fiduciary duties of a director. These are:

1.3.1 Duty to Act in Good Faith

The duty to act in good faith (bona fide) is an overall common law duty. A director owes the Company the fiduciary duty to act in good faith. This requires the director to act for the benefit of the Company Directors must retain their independence and not act in accordance with the wishes of a third party. The common law duty is reinforced by section 181 of the Corporations Law which provides that a director must exercise their powers in good faith in the best interests of the corporation and for a proper purpose. The courts have interpreted this duty to act ‘honestly’ in common law terms to mean acting in good faith and in the best interests of the Company A director must not by intention or lack of clarification to another person or party giv e a view or opinion that is interpreted as representing the opinion of the Board or the Opera Company unless such a view has been discussed and agreed by the Board.

1.3.2 Duty to Avoid Conflict of Interest

A director must avoid situations where there is a real possibility of conflict between their personal interests and the interests of the Company. Where a conflict does arise, full disclosure must be made to the board of directors. A director must be aware of both actual and potential conflicts of interest. This duty is designed to prevent directors from making a profit out of acting as a director and further, prevents directors from putting themselves in a position where it appears, they may be acting in their own interests. As a rule, a director breaches this duty even though they may not have made a profit, the Company may not have suffered a loss, or the terms of the contract were fair. Under the Corporations Law the directors of the Company must give notice of any material personal interest they have in any matter relating to the Company

1.3.3 Confidential Information

No member of the Board shall disclose or communicate any information that is acquired by virtue of his or her office as a Board Member unless:

• required to do so by law; or

• specifically, authorised to do so by the Board of Directors; or

• the information is already available to the public

1.4 THE ROLE OF THE CHAIRMAN

The Chairman is elected by the Board. The Chairman is the spokesman for the Company at the AGM and in the reporting of performance and represents the Board to government, industry and in other public forums.

The Chairman will:

1. chair Board meetings and ensure meetings run smoothly, efficiently, and effectively with maximum debate and minimum conflict

2. establish the agenda for Board meetings in consultation with the Executive Director

Key responsibilities of the Chairman are to:

1. Ensure that the Board participates in setting the strategic direction.

2. Ensure that the Board sets appropriate policies, accountabilities, and limitations to guide management in business operations.

3. Ensure the Board has access to timely information to undertake effective decision making and actions.

4. Oversee the administrative and reporting processes that support the Board in its meetings and other activities.

5. Direct Board discussion to effectively use time to address the critical issues facing the organisation.

6. Represent the Board’s views in key government arenas and public forums.

7. Oversee the effectiveness of the Board, Executive Director and Artistic Director (or Music Director) performance assessment processes and play a leading role in providing feedback and negotiating for the Artistic Director (or Music Director) and Executive Director’s professional development.

8. Maintain an ongoing and healthy relationship with the Executive Director

9. Oversee the Board and Management succession planning policy.

1.5 THE ROLE OF THE SECRETARY

The Executive Director acts as Secretary to the Board and will:

1. ensure that the Agenda and Board papers are forwarded to directors at least five days before the Board meeting

2. write and maintain the minutes of Board meetings

3. subject to provisions for shorter notice of a Board meeting, the secretary shall notify the directors in writing at least 14 days in advance of a meeting of the Board

1.6 THE ROLE OF THE EXECUTIVE DIRECTOR

1.6.1 Strategic

1. Directs and is responsible for all operations of the Company within the strategic plan, approved budget, established policy and in accordance with the authority delegated by the Board of Directors.

2. Ensures and is responsible for the overall achievement of the strategic plan

3. develops and presents plans, strategies, objectives, budgets, and reports to the Board.

4. Ensure the development and presentation of appropriate policies for Board approval

5. Directs and monitors the response to opportunities and risks

6. Establishes and maintains a sound working relationship with industry, sponsors, funders, members, suppliers, consultative bodies, interest groups and other parties.

1.6.2 Management

1. Carries out the day-to-day management of the Company

2. Manages company staff including permanent, casual, and seasonal employees

3. Minimises risk by ensuring appropriate policies, system and controls are in place and are regularly reviewed.

4. Ensures the Association complies with all internal policies, relevant legislation, the Constitution, prudential standards, and accounting standards.

5. Ensures all reporting requirements are met as required by the board and funders, and that all reports are an accurate reflection of the company’s business

1.6.3 Program Delivery

1. Reviews organisational performance evaluates the effective and efficient delivery of programs, products, and services, and identifies and recommends improvements.

2. Maintains cost effective operations and improves administrative efficiency and quality of service.

1.6.4 Board Relations

1. Keeps the Chairman and Board informed, at an appropriate level, of all the activities of the Association.

2. Consults with the Chairman on the development of the Board meeting agenda, committee work, and the preparation of minutes of Board Meetings.

3. Consults with the Chairman on matters requiring resolution of approval of the Board.

4. Ensures Board decisions are properly implemented.

5. Brings to the Boards attention any matter of material significance and risk.

SECTION 2 – IMPROVING BOARD PROCESS

2.1 MEETING FREQUENCY, TIME, PLACE AND ATTENDEES

The board meets six times each year. The board meetings Attendees include all Board members, the Executive Director and any other party scheduled to give a report or presentation to the Board.

2.2 QUORUM

The quorum for a Board meeting is three directors. The quorum must always be present during the meeting (refer Constitution).

2.2 DRAFT AGENDA

The Executive Director in consultation with the chairman prepares the agenda for each Board and committee meeting. The Board meeting agenda will generally follow the format outlined and each meeting should allow time for informal discussion between directors.

Agenda Items

Present/Apologies

Minutes of the Previous Meeting

including noting and approving the minutes

Outstanding matters arising from the minutes

Items requiring Board Resolution

Financial Report

Report by the Chairman

Report by the Executive Director

Report by the Artistic Director (or Music Director) Committee Reports

General Business

Next Meeting of the Board

2.4 BOARD PAPERS

The Executive Director is responsible for the preparation and circulation of Board papers. Board papers should be circulated to directors to arrive a minimum of five days before the Board meeting.

2.5 MATTERS ARISING FROM THE MINUTES

Any item from previous minutes about which the board requires further information or a progress report and which will not be raised in the main body of the meeting. Items will either be dealt with as raised, or it will be noted where in the agenda the item is planned to be discussed. Each item raised and the response will be recorded in the minutes of the meeting.

2.6 MAJOR CORRESPONDENCE

Major correspondence comprises any correspondence addressed to the Board and any significant correspondence received by the Chairman, the Executive Director, or other Company correspondence about which directors should be aware and will be included in the Board papers, unless such correspondence is received within the time period between the circulation of Board papers and the Board meeting, in which case it can be tabled at the meeting.

2.7 EXECUTIVE DIRECTOR’S REPORT

The Executive Director’s report is a key component of the Board meeting. It is through this report that directors are kept appraised of West Australian Opera’s operations and activities. It serves as documentary evidence of the extent to which directors asked to be kept informed and were kept informed of West Australian Opera’s activities. The Executive Director’s report is provided in a written format and expanded verbally by the Executive Director at the meeting. The written report is included with the Board papers and circulated before the meeting.

2.8 BOARD COMMITTEES AND WORKING PARTIES

Where the Board has established board committees and/or working parties, the Chair of each committee will report to the Board on progress. Where a decision is required, a recommended resolution will be included with the papers.

2.9 BOARD MINUTES AND BOARD PAPERS

1. Minutes will contain a brief review of the discussion plus the resolution adopted by directors.

2. All decisions will be recorded by means of a formal resolution.

3. The chairman will read the resolution before the Board and ask for all in favour and those against. The exact wording will be recorded and whether the resolution was carried or defeated but will not contain the number of votes.

4. Directors who dissent can ask to have their decision noted in the minutes.

5. Minutes will be prepared in draft by the company secretary and be provided to the Chairman for changes and approval as soon as possible after each meeting.

6. The Minutes, once approved, cannot be amended.

7. The secretary will maintain a complete set of Board papers at West Australian Opera’s office.

2.10 COMMITTEES

The Board established the following committees:

1. Finance and Audit

2. Marketing and Development

3. Artistic

4. Nominations

5. Risk (COVID19) and any other committees or working parties which the Board agrees to establish as required from time to time

2.11 FINANCE AND AUDIT COMMITTEE

2.11.1 Risk Management and Financial Controls

• Review adequacy of the budgetary process

• Review the budget and performance in detail

• Monitor corporate risk and risk management

• Monitor effectiveness of financial controls

• Consider and review the scope of work, reports, and activities of the external auditor

2.11.2 Policies, Systems and Reporting

• Review insurance matters and adequacy of insurance cover

• Evaluate the adequacy and effectiveness of risk management, operating and accounting policies, control systems and reports to ensure compliance with relevant legislation, accounting standards and prudential standards.

• Review annual financial reports and statements

SECTION 3 – BOARD FUNCTIONS

3.1 DELEGATION OF AUTHORITY

The Board has delegated responsibility for the operation and administration of the company to the Executive Director The Board is responsible for ensuring that objectives and activities are aligned with the expectations and risks identified by Management and the Board. The Board has several mechanisms in place to ensure this is achieved and include the following:

1. Board approval of strategic plan

2. Active involvement in developing and approving initiatives and strategies designed to ensure the continued growth and success of the company

3. Approval of operational plans and budgets and

4. monitoring progress against approved budgets.

3.2 RISK MANAGEMENT

The Board is responsible for ensuring that significant business risks are identified. Risk Management polic ies are approved by the Board for identified sources of business and operational risk.

3.2 STRATEGY FORMULATION

The Board is responsible for setting and approving the strategic direction of West Australian Opera The strategic plan is regularly reviewed.

3.4 MANAGEMENT ADVICE

It is recognised that a key component of board function is providing a sounding Board for the Executive Director The Board of West Australian Opera should provide frank and honest advice to the Executive Director Similarly, all advice should be constructive in nature and provided in a positive manner.

3.5 EXECUTIVE DIRECTOR’S EVALUATION

The evaluation is undertaken annually by the Board, with the process coordinated by the Chairman The Chairman will prepare a brief report for the Board

SECTION 4 – CONTINUING IMPROVEMENT

4.1 BOARD PROTECTION

4.1.1 Access to Information

The Company will hold a set of board papers for Directors for a period of at least seven years. Directors are entitled to access these papers, for the period they were a Director, on request, even if they have ceased to be Directors.

4.1.2 Directors Insurance

The Company will maintain Directors insurance and this insurance will be reviewed annually

4.2 BOARD EVALUATION

Each year the Board will conduct an evaluation of its performance.

4.3 DIRECTOR INDUCTION

New Directors receive an induction package including a letter of director appointment access to strategic plan, annual program and budget, previous minutes, and any other background information and contact information for key people in the company.

4.4 CODE OF CONDUCT FOR DIRECTORS (AICD GUIDELINES)

The following information is provided for guidance only and is sourced from Articles of Association of the Australian Institute of Company Directors

1. A director must act honestly, in good faith and in the best interests of the Company as a whole.

2. A director has a duty to use due care and diligence in fulfilling the functions of office and exercising the powers attached to that office.

3. A director must use the powers of office for a proper purpose, in the best interests of the Company as a whole.

4. A director must recognise that the primary responsibility is to the Company’s shareholders but should, where appropriate, have regard for the interests of all stakeholders of the Company.

5. A director must not make inappropriate use of information acquired as a director.

6. A director must not take improper advantage of the position of director.

7. A director must not allow personal interests, or the interests of any associated person, to conflict with the interests of the Company.

8. A director has an obligation to be independent in judgment and actions and to take all reasonable steps to be satisfied as to the soundness of all decisions taken by the Board.

9. Confidential information received by a Director in the course of the exercise of directorial duties remains the property of the Company from which it was obtained and it is improper to disclose it, or allow it to be disclosed, unless that disclosure has been authorised by that Company, or the person from whom the information is provided, or is required by law.

10. A director shall not engage in conduct likely to bring discredit upon the Company.

11. A director has an obligation, always, to comply with the spirit, as well as the letter of the law and with the principles of this Code.

Essential governance practices forarts organisations

OVER VIEW

These principles and best practice guidelines will assist boards and board members of all arts organisations to ensure they meet their legal obligations. Incorporated associations and Aboriginal corporations should also check their legislation for specific legal requirements.

Arts boards govern a wide range of organisations from large performing arts companies, through visual arts, interdisciplinary arts, indigenous arts, literary and smaller community based arts organisations.

Good governance structures encourage these diverse organisations to create value (through entrepreneurism, artistic innovation, development and exploration) and provide accountability and control systems commensurate with the risks involved.

Ultimately the challenge for Boards of arts companies (which are generally Not For Profit), is to lead a thriving organisation by balancing bold artistic vision and programming with sound financial and other management and oversight.

What constitutes good governance will evolve with the changing circumstances of an organisation and must be tailored to meet those circumstances. Best practice must also evolve with developments both in Australia and overseas.

Although the following best practice recommendations cannot, in themselves,prevent failure or mistakes in organisational decisionmaking, they can provide a reference point for enhanced structures to minimise problems and optimise performanceand accountability.

Ultimately good governance is essentially about people working together effectively – especially so in the arts where board members are often voluntary positions. Getting the best out of people is the way to make boards “great”.

Whilst these principles were adapted with larger arts organisations in mind, they can be applied in a similar manner (subject to scale) to smaller arts organisations. Even the boards of smaller organisations should be seeking to optimise performance and accountability in the interests of the organisation and its key stakeholders, such as government. Organisations can find further practical advice in AICD’s The Good Governance Principles and Guidance for Not-for-Profit Organisations1on ways to evaluate and implement these principles.

However, if the board believes that a principle or recommendation set out below has no relevance to its organisation, or cannot be reasonably applied given the size or resources of the organisation, or wishes to implement a principle in a different way, the board should agree on that departure.

Note: In this document references to:

a. “board” and “board members” also refer to the management committeeand committee members of incorporated associations and Aboriginal corporations;and

b. “executive” can also refer to artistic director, chief executiveofficer, executive producer or generalmanager.

1The Good Governance Principles and Guidance for Not-for-Profit Organisations

(Principles and Guidance) Australian Institute of Company Directors 2013

“What distinguishes exemplary boards is that they are robust, effective social systems”

- Jeffery Sonnenfeld

PRINCI PL ES AND RE COMMEN DATIONS

1. Lay Solid Foundations for Management and Oversight

Establish and disclose the respective roles and responsibilities of the board and management and how their performance is monitored and evaluated.

The board should:

adopt a formal charter that details the board’s principal functions and responsibilities and monitor the effectiveness of governance practices

provide leadership into the setting ofthe organisation’s strategic direction, mission and vision

validate and approve business strategy and performance objectives

ensure that an appropriate risk management framework is in place within the risk appetite that the board expects management tooperate

receive and review regular comprehensive performance reports on all key business areas

consider, and have final approval of, the proposed performance program and budget give prior approval to any materialcapital expenditure, or any material variation from budgeted or forecast expenditure

clearly delineate the balance of responsibility between the chair and the executive andregularly monitor and review to ensure division remains appropriate to needs oforganisation

— approve a formal statement of delegated authority to management

ensure that the organisation has adequately

documented its key policies (such as artistic policy, communications, marketing, private sector support and fundraising, stakeholder communityrelationships,governance,decisionmakingdelegations,andfinancialmanagement) provide an induction procedure for new board members ensuring all boardmembers are made aware of their legal duties to act in the best interests of the organisation and the key terms and conditions relevant to that appointment

ensure that the executive and senior management have formal job descriptions and a letters of appointment describing their term of office, duties, rights and responsibilities and entitlementsontermination,ifany

appoint, monitor performance and when necessary replace, the CEO and artistic director have and disclose a process for periodically evaluating the performance of the executive and senior management, including the artistic director; and disclose, in the annual report whether a performance evaluation was undertaken in accordance with that process ensure no single individual has unfettered powers.

2. Structure the Board to add value

Have a board of an effective composition, size and commitment to adequately discharge its responsibilities and duties.

A high performing, effective board is essential for the proper governance and leadership of an arts organisation. It should challenge management and hold them to account, and also

represent the best interests of the members as a whole rather than those of individuals, geographical areas or communities.

Board renewal is critical to performance. Directors should be conscious of the duration of each director’s tenure in succession planning.

The board should:

have a clear division of responsibility at the head of the organisation the roles of the chair and the executive should not be exercised by the same individual.

select a chair who can provide effective leadership of the organisation’s board and the organisation overall; and efficiently conduct of the organisation board’s functions.

have specific terms for directors, subject to re-election or appointment. Reappointment should not be automatic.

consider a maximum period of tenure for non-executive board members and a fixed period of appointment for board officeholders; and in particular assess whetherany director who has served for more than 10 years has become too close to management or is no longer independent. Consider the requirement to “refresh” a board to ensure diversity of ideas and thought.

ensure that individual board terms are appropriately staggered, so that there is a continuity of appropriate knowledge, skills and experience on the board, as well as continuity on organisation and board-specific issues.

— have and disclose a process for periodically evaluating the performance of the board, its committees and individual directors; and disclose, in annual report whether a performance evaluation was undertaken in accordance with that process.

have and disclose a board skills matrix setting out the mix of skills, competencies and diversity that the board currently has or is looking to achieve in its membership.

have and disclose a formal and transparent process for nomination, selection and appointment of boardmembers.

consider the optimum size of the board. Balance making decisions expediently with the benefit of a variety of perspectives and skills, and ensure that changes to the composition of the board are managed without undue disruption.

— have a majority of independent board members 2 ensure the effective contribution of all board membersinmeetings.

effectively review and challenge the performance of management.

exercise independent judgment by board members.

ensure constructive and respectful relations between board members and between theboard, theexecutive and management. provide board members professional development opportunities to update and enhance their skills and knowledge, relevant to the arts organisation and the board.

2Refer to Appendix One for more guidance on assessing whether a board member is independent.

3. Act Ethically and Responsibly

Acting ethically and responsibly goes well beyond mere compliance with legal obligations. It involves acting with honesty, integrity and in a manner that stakeholders and the broader community expect.

The board should:

set the ethical tone-from-the-top and standards of the organisation by creating a safe and non-discriminatory workplace; ensuring the culture within the organisation is ethically suitable in all dealings; respecting the human rights of employees; dealing honestly and fairly with suppliers and customers; acting responsibly towards the environment; and only dealing with business partners who demonstrate similar ethical and responsible business practices.

understand the legal obligations and duties of board members and management and the reasonable expectations of the organisation’s stakeholders. This includes making sure that the organisation complies with the ACNC governance standards3 if acharity.

have a code of conduct for directors, senior executives and employees; and disclose that code or a summary of it The code of conduct should state the values and policies of the organisation,andcomplementtheorganisation’s riskmanagementpractices.

ensure that the organisation has a policy dealing with harassment of any kind, including sexual harassment and bullying, that is clearly communicated and provides guidelines for CEOs and staff around dealing with misconduct.

ensure senior management implement practices and exhibit behaviours consistentwith the requiredstandards.

monitor and manage actual or potential conflicts of interest of board members, management or employees.

3Refer to Appendix Three- ACNC Governance Standards

Organisations may find it useful to consider the following matters when formulating a diversity policy:

1. Express theorganisation’s commitment to diversity at all levels and in art making and arts support roles.

2. Recognise that diversity not only includes gender diversity but also includes matters of age, disability, ethnicity,maritalorfamilystatus,religiousorcultural background, sexualorientation and gender identity.

3. Articulate the benefits of diversity in being able to attract, retain and motivate employees from the widest possible pool of available talent.

4. Identify and implement programs that will assist in the development of a broader and morediverse pool of skilled and experienced employees and that, over time, will prepare them for senior management and board positions.

5. Ensure that recruitment and selection practices at all levels (from the board downwards) are appropriately structured so that a diverse range of candidates are considered and that there are no conscious or unconscious biases that might discriminate against certaincandidates.

6. Recognise that employees (female and male) at all levels may have domestic responsibilities andadopt flexible work practices that will assist them to meet thoseresponsibilities.

7. Emphasise that in order to have a properly functioning diverse workplace, discrimination, harassment of any kind,vilificationand victimisation cannot and will not be tolerated.

8. Have key performance indicators for management to measure the achievement of diversity objectives and link part of their remuneration (either directly or as part of a “balanced scorecard” approach) to the achievement of those objectives.

4. Ensure Diversity

Foster an organisational culture that embraces diversity.

Diversity includes, but is not limited to, Aboriginality,gender,age,ethnicity,disabilityand culturalbackground.

The board should:

Ensure that organisation has a diversity policy4 that reflects the communities it engages with and disclose the policy or a summary of thatpolicy.

Establish measurable objectives for achieving diversity5

Assess annually both the objectives and progress in achieving them.

Ensure that the organisation discloses in each annual report the measurable objectivesfor achieving diversity and progress towards achieving them.

4Refer to Appendix Two for more guidance on developing a diversity policy.

5This document broadens scope of diversity beyond ASX requirements which focus on gender diversity.

5. Safeguard Integrity in all Reporting

Have formal and rigorous processes that independently verify and safeguard the integrity of all compliance6 and management reporting.

The board should:

have an audit committee or if it does not have an audit committee, disclose the processes it employs that independently verify and safeguard the integrity of its compliance reporting.

have at least one director member who with financial expertise (as demonstrated by relevantqualificationsandfinancialmanagement experience at senior management level in the public or private sector).

before it approves the entity’s financial statements for a financial period, receive from its CEO and CFO (or person responsible for financial management) adeclarationthat, in their opinion, the financial records of the entity have been properly maintained and that the financial statements comply with the appropriate accounting standards and give a true and fair view of the financial position and performance of the entity and that the opinion has been formed on the basis of a sound system of risk management and internal control which is operating effectively.

have audit committee members who are financially literate. If there is no audit committee, the board should have processes in place that raise issues that would otherwise be considered by an audit committee.

have and disclose a formal charter for its audit committee and be of sufficient size, independence and technical expertise to discharge itsfunctions effectively.

appoint a qualified firm or individual to conduct an annual audit of the organisation’s financial statements that is consistent with Australian accounting standards. Although not always legally required for smaller organisations, a properly conducted audit of the year’s finances assists the board in their forward

planning, gives valuable information to potential income sources (philanthropic foundations, private donors, sponsors, funding bodies) and generally lends credibility to the organisation.

ensure that its external auditor attends its AGM and is available to answer questions from members relevant to the audit.

review on a regular basis and consider the independence, competence and effectiveness of the external auditors and the implications for succession that may arise from that consideration.

6Compliance reporting includes reports to regulatory and funding bodies and other key stakeholders.

6. Engage with Stakeholders

Respect and observe legal and other obligations, including the rights of all relevant stakeholders.

The board should:

ensure that organisation provides information about itself and its governance to stakeholders via itswebsite.

ensure the organisation’s legal obligations to government funding agencies are met. The organisation’s board should establish procedures to ensure timely provision of the required information, which includes the organisation’s financial situation, its performance and its governance. The material should be factual, and presented in a clear and balanced way, i.e., disclosing both positive and negative information.

ensure the organisation has an effective communication strategy for advising government funding agencies and other key income providers about any material changes in the organisation’s circumstances. Communications should be designed to enhance the precision of the funding

agencies’, or other potential fund raising targets, decision making processes.

establish procedures to guide compliance with legal obligations (e.g., OH&S) and other stakeholder obligations such as to employees, clients/customers, governments and the community asa whole.

7. Recognise and Manage Risk

Establish a sound risk management framework and periodically review the effectiveness of that framework that ensures the organisation will deliver on its purpose.

The organisation should address risks that could have a material impact on its performance and business model. These may include, but are not limited to, strategic risks, operational or artistic direction risks, funding risks, reputational or brand risks, compliance risks, environmental risks, human capital risks, financial reporting risks and arts sector-related risks, for example.

Business risk is about uncertainty. Paradoxically artistic risk is not generally a business risk because the outcome can often be predicted.

The board is ultimately responsible for deciding the nature and extent of the risks it is prepared to take to meet its goals.

The board should:

Ensure the organisation’s policies on risk oversight and management are satisfactory. The policies should cover oversight, risk profiling and assessment, risk management practices, compliance and control mechanisms and systems. Risk management policies should take into account legal obligations and stakeholder expectations.

have a committee to oversee risk. If it does not then clearly determine the roles and accountabilities for risk management across the board and management.

Review the organisation’s risk management framework at least annually to satisfy itself that it continues to be sound.

Recognise the inherent potential conflict between the chief executive officer / executive, or equivalent, and artistic director, or equivalent, in managingday-to-dayissues, establishing an appropriate system for controlling and managing risks and ultimately providing adequate management assurance on material risks, including financial reportingrisks

disclose whether it has any material exposure to economic, environmental and social sustainability risks and, if it does, how it manages or intends to manage those risks.

8. Remunerate Fairly and Responsibly

Ensure that the level and composition of remuneration is sufficient and reasonable and that its relationship to organisation and individual performance is defined.

The board should: adopt remuneration policies that attract and retain talented and motivated management and employees clearly establish the structure of nonexecutive board members’ remuneration, where applicable for non-volunteer board members, from that of management remuneration

approve remuneration levels for the executive, or equivalent, the artistic director, or equivalent, and any executive reports whose responsibilities

materially influence the organisation’s artistic direction, strategy, operations and financial performance. Remuneration levels should be fairly based on arts sector and organisationalsize references and designed motivate management and employees to pursue long term growth and success of the organisation. Remuneration levels should reflect core performance requirements and expectations. ensure that no individual, either board members,ifremunerated,ormanagement, be directly involved in deciding their own remuneration

ensure that termination payments for leadership staff are agreed in advance and clearly address what will happen in the case of early termination. There should be no payment for removal for misconduct.

APPENDIX ONE - A S SE SSING THE INDEPENDENCE OF BOARD MEMBERS 7

An independent director is a non-executive director who is not a member of management and who is free of any business or other relationship that could materially interfere with - or could reasonably be perceived to materially interfere with - the independent exercise of their judgement. Family or community ties and cross-directorships may be relevant in considering interests and relationships which may affect independence, and should be disclosed by directors to the board.

Office bearers (such as the board chair, audit committee chair or treasurer) should be independent board members.

When determining the independent status of a board member, the board should consider whether the board member:

9. is employed, or has previously been employed in an executive capacity by the organisation or another group member, and there has not been a period of at least three years between ceasing such employment and servingon the board;

10. has within the last three years been a principal of a material professional adviser or a material consultant to the organisation or another group member, or an employee materially associated with the service provided;

11. is a material supplier or customer of the organisation or other group member, or an officer of or otherwise associated directly or indirectly with a material supplier or customer;

12. has a material contractual relationship with the organisation or another group member other than as a board member of the organisation; or

13. is a substantial shareholder of the organisation or an officer of, or otherwise associated directly with, a substantial shareholderoftheorganisation.

The board should regularly assess whether each non-executive director is independent. Each non-executive director should provide to the board all information that may be relevant to this assessment. If a director’s independent status changes, this should be disclosed in a timely manner to stakeholders.

7From the 2nd edition of the Good Corporate Governance Principles and Recommendations with 2010 Amendments, ASX Corporate Governance Council 2010

APPENDIX TWO - SUGGESTIONS FOR THE CONTENT OF A DIVERSIT Y POLIC Y 7

Organisations may find it useful to consider the following matters when formulating a diversity policy:

14. Express the organisation’s commitment to diversity at all levels and in art making and arts support roles.

15. Recognise that diversity not only includes gender diversity but also includes matters of age, disability,ethnicity,maritalorfamilystatus,religious or cultural background, sexual orientation and genderidentity.

16. Articulate the benefits of diversity in being able to attract, retain and motivate employees from the widest possible pool of available talent.

17. Identify and implement programs that will assist in the development of a broader and more diverse pool of skilled and experienced employees and that, over time, will prepare them for senior management and board positions.

18. Ensure that recruitment and selection practices at all levels (from the board downwards) are appropriately structured so that a diverse range of candidates are considered and that there are no conscious or unconscious biases that might discriminate against certain candidates.

19. Recognise that employees (female and male) at all levels may have domestic responsibilities and adopt flexible work practices that will assist them to meet those responsibilities.

20. Emphasise that in order to have a properly functioning diverse workplace, discrimination, harassment, vilificationand victimisation cannot and will not betolerated.

21. Have key performance indicators for management to measure the achievement of diversity objectives and link part oftheir remuneration (either directly or as part of a “balanced scorecard” approach) to the achievement of those objectives.

7From the 2nd edition of the Good Corporate Governance Principles and Recommendations with 2010 Amendments, ASX Corporate Governance Council 2010

APPENDIX THREE - A CNC GOVERNANCE STANDARD S

To be and remain registered with the ACNC, all charities (except basic religious charities) must comply with its five governance standards. These are a set of core, minimum requirements for the governance of charities.

The five governance standards are:

Standard 1: Purposes and not-for-profit nature of a registered entity

Registered charities (‘registered entities’) must be not-for-profit and work towards their charitable purpose. A charity must be able to demonstrate this to the ACNC and provide information about its purpose to the public (for example, by having a copy of its rules on the ACNC Register).

Standard 2: Accountability to members

Charities must take reasonable steps to be accountable to their members and provide their members adequate opportunity to raise concerns about how the charity is governed. This standard only applies to charities that have members (so not to trusts).

Standard 3: Compliance with Australian laws

A charity must not commit a serious offence (such as fraud) under any Australian law or breach a law that may result in a civil penalty of at least 60 penalty units (as at June 2013, this is $10 200).

Standard 4: Suitability of board members (‘responsible persons’)

Charities must take reasonable steps to ensure that their board members are not disqualified from managing a corporation (under the Corporations Act) or currently disqualified from being a board member for a registered charity by the ACNC

Commissioner. Charities must take reasonable steps to remove board members who do not meet these requirements.

Standard 5: Duties of board members (‘responsible persons’)

Charities must take reasonable steps to make sure that their board members know and understand their legal duties and that they carry out some of the more significant of these duties.

ESSENTIAL GOVERNANCE PRA C TICE S FOR AR TS ORGANISATIONS

Australia Council for the Arts

Publication: December 2015

Acknowledgements

Adapted with permission from Corporate Governance Principles and Recommendations, 3rd edition 2014, ASX Corporate Governance Council.

What’s New

This document -

— Adapts the 3rd edition of the ASX Corporate Governance Principles and Recommendations, 2014.

Integrates ACNC Governance standards for charities.

OTHER RE SOURCE S

Australia Council

This document may be read in conjunction with other resources on the Australia Council for the Arts website which we hope will be useful for organisations. They are:

On board is a short, easy-to-read guide to the basics of governance for arts organisations. It’s a useful resource for those serving on boards and for staff of arts organisations who work closely with their chairs and boardmembers.

On board is written by David Fishel, one of Australia’s foremost writers on governance for not-for-profit organisations. The booklet is an accompaniment to The Book of the board: Effective Governance for Non-Profit Organisations 2nd edition by David Fishel (Federation Press, 2008), which provides more detail on these and other topics of concern to board members and staff of non-profit organisations.

Australian Charities and Not for profits Commission (ACNC)

Governance for Good: the ACNC’s guide for charity board members explains charity governance and the role of board member

Australian Institute of Company Directors (AICD)

Good Governance Principles and Guidance for NFP Organisations are designed: to assist boards in determining what constitutes good governance practice for their organisations; and to promote and facilitate the crucial conversations

and associated activities NFP organisations undertake regularly to achieve good governance. These guidelines are not an attempt to formulate rules on what might constitute good

Disclaimer

Australia Council accepts no responsibility for the completeness or accuracy of any of the information contained in this document. Organisations should make their own judgments about this and seek expert advice if necessary. To the extent permitted by law, The Australia Council excludes all liability for loss or damage arising from the use of, or reliance on, the information contained in this document, whether or not caused by any negligence on the part of the Australia Council or its staff.

www.australiacouncil.gov.au

WEST AUSTRALIAN OPERA BACKSTAGE SECURITY

Reviewed by: Executive Director

Original Date and author: June 2010, General Manager, Production Manager

Scope: Backstage

Last review: August 2020

Responsibility: Production Manager

WEST AUSTRALIAN OPERA BACKSTAGE SECURITY

Please be aware of general theatre etiquette and security measures in place in His Majesty’s Theatre. General queries should be directed to Stage Door. Company specific queries should be directed to the Production Manager

1.

Please do not bring valuables with you to the theatre. Please remember that the venue is NOT completely secure and neither the company nor the theatre can take responsibility for your personal items. If you do have valuables you may request that the stage manager hold them for securing in a locked cupboard prior to the show, for your collection after the show.

Please remember that everyone must sign in at stage door. This includes all show personnel as well as visitors. To gain access through stage door you must either present your own HMT Identity Pass or sign in on the sign in sheets. If you are not listed on the sign in sheets you will need to gain prior authorisation from the Production Manager who will be able to sign you in as appropriate.

No visitor access backstage (including dressing rooms) without specific prior permission from the Production Manager. Visitors welcome to wait at stage door.

All WAO staff hold an identity Pass from His Majesty’s Theatre administration and must be able to show this pass when asked by building management.

Your valuables

2. Stage door / backstage and theatre access

3. Visitors to stage door

4. HMT Identity Pass

WEST AUSTRALIAN OPERA WHISTLEBLOWER POLICY

Reviewed by: Board, 21 April 2020

Original date and author: 4 March 2020, Executive Director

Scope: Whistle-blower Policy

With thanks to WASO for policy template

Further reference: https://asic.gov.au/about-asic/asic-investigations-andenforcement/whistleblowing/whistleblower-protections-for-notfor-profit-organisations/

1) Application

This policy applies to anyone who discloses misconduct or an improper state of affairs or circumstances (“discloser”) warranting protection under Australia’s whistle-blower laws, and anyone who interacts or engages with a discloser, including, persons who accept and manage protected disclosures in WAO. To qualify for protection, a discloser must be someone who is, or has been, an employee, director, officer, contractor, supplier, associate or consultant

While every worker is required to comply with this policy, this policy is not incorporated as a term of any employment contract or contract for services and does not create any rights enforceable by a worker against WAO. To the extent that there is an inconsistency between the law and this policy, the law will prevail.

a) WAO is committed to high standards of conduct and ethical behaviour in all of its business activities, and to promoting and supporting a culture of honest and ethical behaviour, corporate compliance and good corporate governance.

b) WAO encourages the reporting of any instances of suspected unethical, illegal, fraudulent or undesirable conduct involving WAO and provide the avenues available to disclosers to report serious wrongdoing.

c) WAO will strive to ensure that those persons who report any alleged wrongdoing shall not face the fear of intimidation, disadvantage or reprisal. Board and management are committed to protecting and supporting the dignity, wellbeing, career and reputation of anyone reporting any form of suspected wrongdoing.

d) By implementing this policy, WAO would like to make it clear that misconduct or any improper action by staff, employees, contractors (including contractor employees), artists, volunteers and suppliers (including supplier employees) will not be tolerated.

e) This Policy defines WAO’s commitment to equal opportunity and a respectful working environment where everyone feels safe and has a sense of belonging. WAO is committed to nurturing an environment where everyone is:

2) Protected Disclosures

Under Whistle-blower laws, disclosers will receive protection if the matter relates to a “protected disclosure”.

What is a Protected Disclosure?

“Protected disclosures” broadly include any matter that a discloser has reasonable grounds to believe is misconduct, or an improper state of affairs or circumstances. You may make a protected disclosure under this policy if you believe that a WAO director, employee, artist, contractor, supplier, tenderer or other person who has business dealings with WAO has engaged in conduct which:

• is dishonest, fraudulent or corrupt, including bribery.

• is of an illegal nature (such as theft, drug sale or use, violence, harassment or intimidation, criminal damage to property or other breaches of state or federal law).

• is unethical or in breach of WAO’s policies (such as dishonestly altering company records or data, adopting questionable accounting practices or wilfully breaching WAO’s Code of Conduct or other policies or procedures).

• is a breach of legislation relating to WAO’s operations or activities, including the Corporations Act 2001 (Cth).

• is potentially damaging to WAO, a WAO employee or a third party, such as unsafe work practices, environmental damage, behaviour endangering health or safety or abuse of WAO property or resources;

• amounts to an abuse of authority.

• is a serious risk to public health, public safety or the environment.

• involves victimisation in any circumstances.

• amounts to any other misconduct or improper state of affairs or circumstances in relation to WAO: or

• may cause financial loss to WAO, damage its reputation or be otherwise detrimental to WAO’s interests.

What is not a Protected Disclosure?

“Personal workplace grievances” means a grievance about any matter in relation to the discloser’s employment, or former employment, only having (or tending to only have) implications for the discloser personally. This includes:

• an interpersonal conflict between the discloser and another employee.

• a decision relating to the engagement, transfer or promotion of the discloser.

• a decision relating to the terms and conditions of engagement of the discloser; and

• a decision to suspend or terminate the engagement of the discloser, or otherwise to discipline the discloser.

Personal workplace grievances are not protected disclosures and should not be reported under this policy. Personal workplace grievances should be reported and addressed in accordance with WAO’s relevant policies, procedures, documents and agreements, including but not limited to: Disputes and Grievances Policy. An exception to this occurs when grievances relate to retaliation, victimisation or disadvantage of a discloser as a result of a protected disclosure.

Reasonable Grounds

Protected disclosures must be made on “reasonable grounds”. Reasonable grounds means that a person in your position, acting reasonably, would also suspect that the information demonstrates misconduct or an improper state of affairs or circumstances within WAO.

The protected disclosure does not ultimately have to be true to constitute a disclosure made on reasonable grounds. Disclosers can still qualify for protection even if the disclosure turns out to be untrue.

3) Who can disclosures be made to?

WAO encourages anyone wishing to make a disclosure to first report any matters of concern to one of WAO’s “eligible recipients” Depending on the nature of the disclosure eligible recipients may be your direct manager, the Executive Director or a member of the board

WAO’s preference is for disclosures to be reported internally in the first instance however recognises that it may not always be appropriate to do so. Disclosers will still qualify for whistle-blower protections if a protected disclosure is made to a legal practitioner, an authorised regulatory body or external third party, as explained below.

National Regulatory Bodies

Where it is not appropriate to make an internal disclosure, or where the person making a report does not feel comfortable making an internal report, or where a discloser has made an internal report but no action has been taken within a reasonable time, protected disclosures may be made to regulatory bodies or authorities, such as:

• Australian Securities and Investments Commission ("ASIC").

• Australian Prudential Regulation Authority ("APRA").

• The Australia Taxation Commissioner.

• The Australian Federal Police ("AFP"); or

• A lawyer to obtain advice about the disclosure and the associated implications.

Disclosures to Parliamentarians and Journalists

It is recognised that if conduct in connection with WAO is of particular gravity and urgency, disclosure to a member of parliament or to a journalist may be justified.

A “public interest disclosure” may be made to a member of parliament or to a journalist where:

• a disclosure has been made to a regulatory body.

• 90 days has passed since the disclosure was made.

• the discloser does not have reasonable grounds to believe that action is being, or has been taken, in relation to their disclosure.

• the discloser has reasonable grounds to believe that making a further disclosure of the information is in the public interest.

• the discloser has given written notice to the regulatory body that they intend to make a public interest disclosure; and

• the extent of the information disclosed is no greater than necessary to inform the recipient of the misconduct or improper state of affairs to which the first disclosure related.

An “emergency disclosure” may be made to a member of parliament or to a journalist where:

• a disclosure has been made to a regulatory body.

• the discloser has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment.

• the discloser has given written notice to the regulatory body that they intend to make an emergency disclosure; and

• the extent of the information disclosed must be no greater than is necessary to inform the recipient of the substantial and imminent danger.

It is important for the discloser to understand the criteria for making a public interest or emergency disclosure. WAO recommends that a discloser seek independent legal advice before making a public interest or emergency disclosure.

4) How to make a disclosure

If a person has reasonable grounds to believe that conduct constituting misconduct or an improper state of affairs or circumstances exists in connection with WAO, the company encourages that person to report their concerns, either verbally or in writing, to an “eligible recipient”

WAO encourages disclosers to provide their name when making a disclosure in order to facilitate appropriate follow up and to assist with the investigation process. However, a discloser can report a protected disclosure anonymously and still qualify for whistle-blower protections. A discloser can choose to remain anonymous while making a disclosure, during an investigation and after the investigation is finalised. A discloser who wishes to remain anonymous should maintain ongoing twoway communication with WAO, so WAO can ask follow-up questions or provide feedback regarding the disclosure.

To maintain confidentiality, disclosers should not talk with other staff, workers, clients or suppliers, extended family or friends, or the media about any protected disclosure, other than on a ‘need to know’ basis or if the eligible recipient has directed or approved the disclosure on behalf of WAO.

Breaching the confidentiality of a current disclosure, complaint or investigation or inappropriately disclosing personal information obtained in the course of a disclosure, complaint or investigation is a serious breach of this policy and may lead to formal disciplinary action.

Those directly involved in a protected disclosure (i.e. discloser and respondent) are entitled to seek personal and professional support or advice, and seeking of such support or advice (for example, from someone who has knowledge of the protected disclosure) is not considered a breach of confidentiality.

5) Investigation of disclosures

WAO will investigate any protected disclosures raised in a confidential, fair and objective manner

Following receipt of a report, a determination will be made as to whether an investigation should be undertaken, having regard to whether the report concerns reportable conduct and whether an investigation is necessary or appropriate in the circumstances. It may not be possible to investigate a report if WAO is not able to contact the discloser to obtain sufficient information. It is for this reason that all anonymous reports should provide as much information as possible so as not to compromise the ability to fully investigate the report.

WAO’s approach for investigating disclosures will depend on individual circumstances and the nature of the allegations. Any investigation will be conducted by a suitably qualified person or organisation appointed by the Board or management.

The objective of an investigation will be to determine whether there is enough evidence to substantiate or refute the matters reported. As part of this, the relevant investigator is responsible for inquiring into the reported allegations of reportable conduct (which may include gathering evidence and conducting interviews of relevant people) and determining whether the allegations are substantiated, partly substantiated, not able to be substantiated, or unsubstantiated.

Investigation processes and the timeframe of the investigation may vary depending on the nature of the alleged wrongdoing and the amount of information provided. Where appropriate, WAO will provide regular feedback to the discloser regarding the investigation’s progress and/or outcome (subject to considerations of the privacy of those against whom allegations are made). Unless there are confidentiality or other reasons not to do so, persons to whom a report relates will be informed of the allegation at the appropriate time, and given an opportunity to respond to the allegation(s) made against them as and when required by principles of procedural fairness.

Based on the outcome of the investigation, appropriate action will be taken. If an investigation finds that criminal activity is likely to have occurred, the matter may also be reported to the police and/or other regulatory authorities.

6) Support and protections for disclosures

If a person makes a protected disclosure on reasonable grounds in accordance with this policy, the law protects them against:

• victimisation or suffering any detriment due to making a protected disclosure.

• the disclosure of their identity without their consent; or

• civil, criminal or administrative liability for making a disclosure. In addition, information shared by disclosers generally cannot be used in legal proceedings against them, unless the proceedings relate to the falsity of the information disclosed.

WAO is committed to ensuring confidentiality and that those who make a disclosure on reasonable grounds are treated fairly and do not suffer any disadvantage or victimisation.

WAO will ensure that disclosers and any person who is the subject of a protected disclosure are treated fairly and with respect by ensuring:

• disclosures are handled confidentially, when it is practical and appropriate to do so.

• that when an investigation needs to be undertaken, the process will be objective, fair and impartial.

WAO will ensure that the protected disclosure and investigation are dealt with in confidence by seeking to ensure:

• all documents and material relating to disclosures will be stored securely.

• access to all information relating to a disclosure will be limited to those directly involved in managing and investigating the disclosure; and

• each person who is involved in handling and investigating a disclosure will be reminded about the confidentiality requirements and that an unauthorised release of information will be regarded as a serious matter

Where a disclosure is made in accordance with this policy, the relevant "eligible recipients" will not disclose any details that would reveal the identity of the discloser without first obtaining that individual's consent, unless otherwise permitted or required by any applicable laws and regulations. A discloser can refuse to answer questions that they feel could reveal their identity at any time, including during follow-up conversations.

WAO may disclose information that could identify a discloser, if it is reasonably necessary to disclose this information for the purposes of an investigation, provided WAO does not disclose the discloser's identity and all reasonable steps are taken by WAO to prevent someone from otherwise identifying the discloser.

WAO may disclose information that could identify a discloser for the purposes of obtaining legal advice in relation to the operation of whistleblowing laws.

WAO will endeavor to ensure that the identity of the discloser is protected by:

• ensuring all personal information or reference to the discloser will be redacted.

• referring to the discloser in gender-neutral context; and

• ensuring that only those directly involved in handling and investigating a disclosure will be made aware of the discloser’s identity (subject to the discloser’s consent) or information that is likely to lead to the identification of the discloser.

WAO notes that an unauthorised release of the discloser’s identity or information that is likely to lead to the identification of the discloser may be a criminal offence.

WAO will ensure that a discloser is not subjected to any detrimental treatment as a result of making, or being suspected of making, a disclosure on reasonable grounds under this policy. Detrimental treatment includes:

• dismissal of an employee.

• injury of an employee in his or her employment.

• alteration of an employee’s position or duties to his or her disadvantage.

• harassment or intimidation of a person.

• discrimination between an employee and other employees.

• any form of disciplinary action.

• harm or injury to a person, including psychological harm.

• damage to a person’s property, reputation, business or financial position; or

• any other damage to a person.

WAO will at all times be able to raise and address with a discloser matters that arise in the ordinary course of their employment or contractual relationship with WAO (for example, any separate

performance or conduct concerns), or take appropriate action to protect a discloser from detrimental treatment, and this will not amount to detrimental treatment.

Some of the steps that may be taken to protect disclosers from detrimental treatment may include:

• reallocation of the discloser to a different location.

• allowing the discloser to work from home.

• provide strategies and assistance to the discloser to support them in managing stress, time or performance issues that may arise or any other challenges as a result of the disclosure or subsequent investigation.

• make required modifications to the discloser’s workplace or work duties.

• reassign or reallocate other staff involved in the disclosable matter; or

• providing professional support services such as counselling or legal services if required.

If a discloser believes they have been subjected to detrimental treatment as a result of making a disclosure on reasonable grounds under this policy, they should inform management.

A false or malicious report of reportable conduct (where the discloser has no reasonable grounds to suspect the matters comprising their report), risks causing serious damage to the reputations of those persons named in the report and to WAO. Any false or malicious reporting of reportable conduct will be treated as misconduct, will be dealt with and could result in dismissal.

In addition, under certain applicable laws and regulations, it is an offence to provide false information intentionally, and where this results in harm, a conviction may result in a fine, imprisonment or both a fine and imprisonment.

7) Consequences of breach

If a person breaches this policy, they may be subject to disciplinary action which may lead to termination of their employment or contract of services If a discloser suffers any detriment or damage because they have made a protected disclosure, the discloser may claim remedies such as compensation, an injunction or an apology pursuant to the relevant whistle-blower legislation.

8) Monitoring and reporting

Management will report to the Board on the number and type of disclosures annually The Finance and Audit Committee will receive copies of disclosure reports and any applicable reports from eligible recipients (as appropriate).

9) Communication

Information about this policy will be provided to all employees; with contracts; and on request

10) Related Policies Related Policies may include:

WEST AUSTRALIAN OPERA RESPECTFUL WORKPLACE POLICY

Reviewed by: Board, 21 April 2020

Original date and author: 29 January 2020, Aleks Spaseska and Prue Griffin

Scope: Respectful Workplace Policy

Reviewed by: Executive Director, 29 January 2020

1) Application

This Policy applies to:

a) Everyone who works for WAO, or who performs work at a WAO location (including staff, artists, creatives, contractors, work experience students, secondees and volunteers) in relation to their conduct with other people at WAO, including suppliers, patrons, customers, audience members, visitors and the general public.

b) Conduct within the workplace, at all work functions, and in any situation that is connected with employment with, or engagement at or by WAO. This may include, but is not limited to, when online (including on social media), when attending business meetings and performances and when at social occasions with a connection with work.

2) Introduction & Policy Statement

a) This Policy defines WAO’s commitment to equal opportunity and a respectful working environment where everyone feels safe and has a sense of belonging. WAO is committed to nurturing an environment where everyone is:

• treated with respect and dignity.

• Can work without distress or interference caused by discrimination, harassment, bullying, victimisation and vilification or any other inappropriate workplace conduct;

• Are treated equally, that is, we recognise that differences exist between people and we respect and value those differences; and

• Can expect that decisions for recruitment, promotion, and development are nondiscriminatory.

b) Discrimination, harassment, bullying, victimisation and vilification may be written, verbal or a gesture and are unlawful under various state and federal legislation.

c) Such conduct, if substantiated:

• may give rise to legal consequences for the person/s involved;

• may result in consequences for any person/s who were witness to the conduct but failed to take action; and/or

• may expose WAO to legal liability.

d) The standard for determining whether or not discrimination, harassment, bullying, victimisation or vilification has occurred is an objective one. That is, it does not matter if the alleged perpetrator did not ‘intend’ to offend, humiliate or intimidate.

e) Everyone is encouraged to raise concerns regarding behaviour that appears to be in breach of this Policy, as the behaviour may not stop on its own.

f) All complaints lodged under this Policy will be treated seriously. No-one will be disadvantaged or treated less favourably for speaking out when they genuinely believe there has been a breach of this Policy.

g) Complaints will be addressed promptly and sensitively, including by way of an investigation if required.

3) Responsibilities

A respectful workplace requires the cooperation and support of everyone in the workplace and, accordingly, everyone is expected to:

a) Ensure they are aware of and comply with this Policy by reading relevant communications and attending and completing any required training, for example facilitated and online induction.

b) Actively foster a culture that supports a respectful workplace by treating others with respect and dignity.

c) Take a proactive approach to addressing inappropriate behaviour and escalating and/or reporting as appropriate.

4) Protected Attributes

The following are examples of attributes generally protected under state and federal antidiscrimination laws.

• Age;

• Race, ethnic origin, social origin or national extraction;

• Pregnancy, potential pregnancy or breastfeeding;

• Family or parental status, including status as a carer;

• Gender;

• Gender identity;

• Sexual orientation;

• Lawful sexual activity;

• Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) status;

• Marital or relationship status;

• Disability or impairment, including mental, intellectual and physical disabilities;

• Membership or non-membership of a trade union or any other lawful industrial activity;

• Political belief or activity;

• Religious belief or activity;

• Physical features;

• Personal association with a person who has, or is perceived to have, any of these characteristics.

This list of attributes is not exhaustive

5) Key Terms

a) Discrimination

i) Discrimination occurs when a person is treated less favourably or when there is unfair treatment of a person or class of persons in comparison to others on the grounds of one or more of the protected attributes outlined within this Policy.

ii) Discrimination can be indirect. Indirect discrimination occurs when a practice or Policy appears to be fair because it treats everyone the same way but is unreasonable and actually disadvantages people from a group who have one or more of the protected attributes listed above.

b) Sexual Harassment

i) Sexual harassment is defined as:

• an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person/s harassed; or

• other unwelcome conduct of a sexual nature, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person/s harassed would be offended, humiliated or intimidated.

ii) The following are examples of sexual harassment:

• Verbal or written sexual advances;

• Sex-oriented comments, jokes or abuse with a sexual connotation;

• Repeated references to gender or sexual preference;

• Gestures or noises which are deemed by the recipient to be offensive/humiliating or intimidating;

• Requests for sexual favours;

• Deliberate physical contact including, but not limited to patting, brushing, hugging and touching;

• Questions about private life;

• Offensive jokes;

• Displays of offensive pictures;

• Sending of inappropriate emails or text messages;

• Lewd comments about physical appearance;

• Leering.

iii) Some forms of sexual harassment such as sexual violence, indecent exposure and obscene communications (including by phone, SMS and/or email) constitute a criminal offence and may be reported to the police.

c) Racial Harassment

i) Racial harassment is inappropriate behaviour related to a person’s actual or assumed race. This may relate to their place of birth, nationality, colour, accent, ability with language, or physical characteristics.

ii) The following are examples of racial harassment:

• Jokes relating to racial characteristics;

• Belittling comments;

• Offensive mimicry relating to accent or physical characteristics;

• Derogatory comments about customs and traditions;

• Excluding a person from activities or information because of their race;

• Setting different work or conduct standards for people on the basis of their race or country of origin.

d) Bullying

i) Bullying is defined as repeated, unreasonable behaviour directed towards a person, or group of people that creates a risk to health and/or safety.

ii) In order to be classified as ‘bullying’, the behaviour must be repeated and persistent. Bullying may involve a series of incidents and may be subtle or overt behaviour. Such behaviour can also include using a system of work as a means of victimising, humiliating, undermining or threatening a person.

iii) The following are examples of bullying:

• Repeated name calling, sarcasm or belittling;

• Unreasonable requests for work to be done;

• Unacceptable aggressive behaviour from a manager or supervisor;

• Constant and unreasonable criticism, or constant insults;

• Swearing at other individuals;

• Seeking to intimidate or ‘stand over’ others;

• Repeated threats of dismissal or other severe punishment for no reason or unjustifiable reason;

• Constant ridicule and being put down;

• Offensive messages through the use of SMS, e-mail and material posted on the internet and social media sites known as ‘cyber-bullying’ or inappropriate use of camera phones.

iv) Bullying must not be confused with legitimate comment and advice, including relevant constructive comment or feedback, from creative leaders including directors and conductors, managers and supervisors on the work performance or work related behaviour of an individual or group. This includes performance appraisals as well as counselling regarding work performance.

e) Victimisation

Victimisation is:

• Treating a complainant adversely as a result of having made a complaint;

• The complainant suffering as a result of indicating an intention to complain;

• Suffering as a result of being a witness to a complaint;

• Suffering as a result of being a potential witness to a complaint.

f) Vexatious Complaints

A vexatious complaint is a complaint made in bad faith, or is otherwise unjustified because it is false, trivial, of a repetitive or serial nature, or for an ulterior motive. Complaints that are retaliatory in nature and/or intended to harass, annoy, cause financial cost, or to damage the reputation of the respondent will be considered vexatious. If it is established that a vexatious complaint has been made, disciplinary action against the complainant may result.

6) Issue Resolution and Complaint Handling Procedure

If anyone at WAO feels that they have been subjected to, or have witnessed, any form of unlawful conduct contrary to applicable laws or this Policy, they should not ignore it.

Where possible, matters should be resolved at local level. If a matter cannot be resolved at local level, escalation avenues beyond the local level are available. External parties may be engaged if the internal resolution process is not successful.

WAO will always try to resolve matters internally within a reasonable, agreed timeframe. Issues may be raised and escalated for resolution even where a formal complaint has not been made.

a) Self-Managed Complaint

If a complainant feels comfortable doing so, they should address the issue with the person/s concerned. The complainant should identify the offensive behaviour, explain that the behaviour is unwelcome and offensive and ask that the behaviour stop. It may be that the person was not aware that their behaviour was unwelcome or caused humiliation, intimidation or offence.

b) Escalated Complaint

i) If a complainant does not feel comfortable confronting the person, or the complainant confronts the person and the behaviour continues, the complainant should:

(1) report the issue to WAO management or WAO representative

(2) report the issue in line with the Whistleblower Policy

ii) The WAO representative should aim to deal with the complaint in accordance with this Policy.

c) Escalation to next level of leadership

i) If the matter cannot be resolved at a local level, the matter should be escalated to the next level of leadership (this may be a member of the board or the Chairman of the board)

ii) The following principles should be followed in relation to all complaints:

• Treat all complaints seriously, discreetly and with sensitivity;

• When investigating a complaint, respect the rights and interests of all individuals involved;

• When investigating a complaint, ensure all parties understand that confidentiality on their part is vital. There may be serious disciplinary action for either party where confidentiality is breached;

• Discuss the matter fully and privately with the person/s seeking information or wishing to lodge a complaint;

• Remain neutral;

• Ensure all parties involved with the complaint are treated fairly;

• Maintain effective documentation in a confidential and secure manner.

d) Complaint Handling Procedure

i) The complaint handling procedure should be initiated as soon as practicable after a complaint is received.

ii) There are two stages to the complaint handling procedure as follows:

Stage 1: involves a fact-finding process, during which a written statement will be taken from the complainant and steps taken to verify the matters raised. This stage may include interviews with relevant parties including the respondent and any witnesses.

Stage 2: involves the formalisation and handling of any reasonably verified allegations.

iii) In some instances, the respondent/s may be directed to take a paid leave of absence while the investigation is carried out.

iv) In concluding the investigation WAO management will advise the complainant of the findings of the investigation, and if appropriate, the actions that will be taken.

v) All aspects of the formal resolution process should be noted on any relevant personnel files

vi) WAO may take action in relation to a complaint in situations where the person making the complaint does not wish to continue with the complaint.

e) External Complaints Handling

i) WAO’s goal is to resolve issues in-house wherever possible. However, person/s involved may have the right at any time to:

• Lodge a complaint with the relevant State or Federal Human Rights and Equal

Opportunity Commission;

• Lodge a complaint with the Fair Work Commission in relation to bullying;

• Lodge a complaint with the relevant state workplace health and safety authority;

• Report a matter to the police;

• Seek advice or assistance from an external party.

ii) WAO will continue to follow up any issues through its internal processes, even where a person seeks external assistance.

7) Criminal Conduct

a) Conduct that may constitute a criminal offence is contrary to this Policy and will be reported to appropriate law enforcement authorities.

b) Such criminal conduct may include, but is not limited to:

• A physical relationship and/or inappropriate communications (such as sexting or emails of a sexual nature) with a person under the age of consent;

• Sexual assault;

• Contravention of criminal anti-bullying legislation.

c) Anyone who has any concerns about suspected criminal conduct must report this at the earliest opportunity. The report should be made with reference to the Whistleblower Policy

8) Consequences for Non-Compliance

a) Any person/s found to have breached this Policy may be subject to disciplinary action, which may include a formal warning or termination of employment or termination of services (as applicable). The disciplinary action will be commensurate with the seriousness of the breach.

b) The matter may also be referred to police if the behaviour amounts to a criminal offence.

c) Legal action may also be taken against individuals personally. Individuals may be found personally liable for their harassing, discriminatory or unsafe conduct including allowing such conduct to go unreported.

d) Legal obligations may vary between states in accordance with the applicable legislation.

e) Conduct in breach of this Policy may also expose WAO to legal liability.

f) WAO may take a range of other non-disciplinary actions to resolve a complaint depending on the particular circumstances. Examples include, but are not limited to:

• Training to assist in addressing the problems underpinning the complaint;

• Monitoring to ensure that there are no further problems;

• Implementing a new process or Policy;

• Requiring an apology or an undertaking that certain behaviour stop; and/or

• Changing work environments.

Record Keeping

a) All records relating to the complaint must be kept confidential and secure

9) Other Complaints

a) This Policy does not cover situations where WAO takes legitimate and appropriate action pursuant to other company policies, procedures and processes, including:

• Performance management, or

• Disciplinary action.

b) Where a complaint does not arise from a breach of this Policy the team member will be referred to an alternative resolution process.

10) Related Policies

Related Policies include:

1. Social Media Policy

2. Code of Conduct Policy

3. Whistleblower Policy

WEST AUSTRALIAN OPERA CODE OF CONDUCT GUIDELINES

Approved by: DRAFT

Original Date and author: 12 January 2018, Executive Director

Scope: Workplace code of behaviour standard of conduct guidelines complaints and procedures

Last review: January 2019

LPA guidelines

References

Industry templates

AMPAG templates

WEST AUSTRALIAN OPERA CODE OF CONDUCT GUIDELINES

These guidelines describe standards of behaviour expected while performing the duties of your role and provide some information about what to do if you are the subject of, or the witness of, inappropriate behaviour.

STANDARDS OF BEHAVIOUR

In line with current industry 1 reviews ‘we are all have a role to play’ in ensuring that the culture of our industry is professional, safe, free from harassment or abuses of power and that the wellbeing of those who work with us and for us is a priority.

We all have a role to play in ensuring a safe and respectful working environment.

We are each responsible for ensuring our own behaviour is respectful and professional

You are encouraged to support others and the company in general to actively assist with ensuring that we all work in a creative, supportive, safe and wonderful environment that values people and the work that each of us does.

You are expected to comply with professional standards and guidelines which include the avoidance of:

• discrimination, sexual harassment and bullying

• dishonesty, theft, fraud

• intoxication at work (including avoiding substance abuse and alcohol consumption)

• negligence, incompetence, insolence

• conduct causing risk to reputation, viability or profitability of the organisation

You are expected to comply with professional standards and guidelines which include compliance with:

• workplace safety and health procedures

• lawful and reasonable instructions of the employer

• the highest standards of personal behaviour and accountability

YOUR CONTRACT

Your contract is likely to include expectations such as avoiding conflicts of interest, maintaining company confidentiality, examples of breaches that may result in termination and a clause regarding Equal Employment Opportunity (EEO) which is provided here as a reminder:

You agree to adhere to the Equal Employment Opportunity policies and practices of the Company. Discriminatory practices, including sexual harassment, are unlawful. The Company will not tolerate discriminatory behaviour and any such conduct may lead to the termination of employment. For the purposes of the above paragraph, sexual harassment includes unwelcome offensive behaviour of a sexual nature that has or could have a detrimental effect on the conditions of an individual’s employment, job performance or opportunities.

REPORTING INAPPROPRIATE BEHAVIOUR

If you feel unsafe or intimidated or are subjected to offensive or inappropriate behaviour you are encouraged to report this to your manager including stage manager/s, a trusted colleague or company management. If the matter relates to criminal behaviour the matter will be referred to the police.

1http://members.liveperformance.com.au/uploads/files/Combined%20%20Discrimination%20Code%20of%20Practice%20inc%20templates%20FINAL%20August%2020181533623937.pdf

WEST AUSTRALIAN OPERA CODE OF CONDUCT GUIDELINES

You must not harass, bully or intimidate fellow employees, contractors or other individuals while at work or in the course of performing your duties for the company:

All employees have a legal obligation to take reasonable care to “avoid adversely affecting the safety or health of any other person through any act or omission at work” (Section 20 Occupational Safety and Health Act 1984). Workplace harassment may amount to a breach of this duty of care which can lead to you being prosecuted and fined.

If you believe you are a victim of harassment or discrimination, it is important that you immediately report the matter, preferably in writing.

QUESTIONS

The following FAQ information is provided as a general guide.

WHAT CAN I DO IF I AM BEING BULLIED OR HARASSED?

If you believe you or another person has been the subject of workplace harassment by a company member, you have a number of options:

• If you feel you can, you should make it clear to the person(s) concerned that their actions are inappropriate, unwelcome and must stop immediately.

• Do not ignore the behaviour and hope it will go away as this might give the impression that the behaviour is OK. Do not think that you have to put up with it – you don’t. You have the right to work in an environment that is free from all forms of harassment, including bullying.

• If the behaviour doesn’t stop or you don’t feel comfortable talking to the person(s) concerned, you may wish to informally seek support or advice from your manager, including a stage manager or company manager or Executive Director

WHAT HAPPENS IF I ENGAGE IN WORKPLACE BULLYING OR HARASSMENT?

Any employee who, after appropriate investigation, is found to have engaged in workplace bullying or harassment will be subject to disciplinary action, which may include termination of their employment.

You may be personally liable to pay compensation to the person harassed if he/she makes a formal complaint to an outside body. You may also be liable to prosecution by WorkSafe for breaching your statutory duty of care as an employee.

WHAT IS NOT CONSIDERED BULLYING?

A single workplace incident is not considered bullying nor is reasonable management action undertaken in a reasonable manner. Examples of reasonable management action include performance management, disciplinary action, injury or illness processes, demotion, redeployment and not promoting.

WHAT IS SEXUAL HARASSMENT?

Sexual harassment is defined in the Sex Discrimination Act 1984 (Cth) as: “any unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances would have anticipated would offend, humiliate or int imidate the other person”

This means that sexual harassment occurs when:

WEST AUSTRALIAN OPERA CODE OF CONDUCT GUIDELINES

• a person makes an unwelcome sexual advance or an unwelcome request for sexual favours, to the person harassed; or

• engages in other unwelcome conduct of a sexual nature in relation to the person harassed

• Important: The actual motives or intentions of the person engaging in the conduct are irrelevant. Sexual harassment does not have to be deliberate or repeated to be unlawful. It is harassment if it is unwelcome and causes offence or distress.

Sexual harassment 2 is unlawful under Equal Opportunity Legislation and can be verbal, visual or physical.

2 Examples may include, but are not limited, to the following:

Verbal Sexual Harassment

1. making risqué jokes or anecdotes;

2. making unwanted sexual remarks, comments or innuendo;

3. making direct or implied sexual propositions or unwelcome requests for dates;

4. making sexual advances or requesting sexual favours;

5. asking intrusive questions about sexual activity or physical appearance;

6. making insults or taunts based on sex;

7. swearing; wolf-whistling

Visual Sexual Harassment

1. leering or staring at someone or parts of their body;

2. displaying offensive or pornographic material (such as photos, pinups, calendars or computer screensavers);

3. sharing suggestive, violent or sexual reading material;

4. transmitting sexually explicit statements or pictures by telephone, fax, email, video conference or any other means of communication; and

5. wearing items of clothing with suggestive or rude images or words on them.

Physical Sexual Harassment

1. unwanted touching, patting, pinching or kissing;

2. brushing unnecessarily against another person’s body;

3. standing too close (in someone’s personal space); and

4. physical attack.

5. Sexual harassment is not behaviour which is based on mutual attraction, friendship and respect. If the behaviour is consensual, welcome and reciprocated it is not sexual harassment.

Racial Harassment

Racial harassment includes any behaviour which could incite hatred, contempt or ridicule for a person, or group of persons, because they are, or are believed to be, of a particular race.

Racial harassment takes many forms, from relatively minor abuses to actual physical violence. Examples of harassment include:

1. Insensitive jokes related to race

2. Practical jokes

3. Deliberate exclusion from conversation

4. Abusive, threatening or insulting words and behaviour

5. Displaying abusive writing or pictures, including the sending/receiving of such emails

WEST AUSTRALIAN OPERA CODE OF CONDUCT GUIDELINES

PROCEDURE

Step One - Discussion

In the first instance, you are encouraged to try and resolve a grievance or dispute with the person if you are comfortable doing so (if possible with a third party as witness)

Step Two - Documentation

If your grievance remains unresolved, you should talk to company management. The complaint should be documented in writing, and where possible should include:

• The nature of the allegations and the name(s) of the individual(s) involved

• Dates and times

• Names of witnesses

• Any action already taken by the complainant

Step Three - Investigation & Response

The company will investigate your complaint as soon as possible and will by:

• talk to relevant people

• Reports will be treated seriously and investigated promptly.

• Depending on the nature of the report the company may seek external advice and the matter may be managed externally by an independent third-party who specialises in such matters.

• Action may be taken to separate the parties involved (eg suspension of employment until the complaint has been resolved.)

Step Four - Third Party

If the complaint remains unresolved, it may be mutually agreeable to refer the complaint to an external mediator

DISCIPLINARY OUTCOMES

Outcomes may include one or more of the following:

1. Verbal and/or written apology

2. Appropriate training

3. Disciplinary action including:

a. Discussion and verbal warning

b. first written warning

c. second written warning

d. termination

4. Immediate termination of employment in serious cases

LPA Code of Conduct – Discrimination, Harassment, Sexual Harassment and Bullying

West Australian Opera is committed to providing a safe, respectful, inclusive and flexible workplace environment that is free from discrimination, harassment, sexual harassment and bullying. We do not tolerate or condone any form of discrimination, harassment, sexual harassment or bullying in this workplace.

This Code of Conduct, based on Live Performance Australia (LPA) guidelines, outlines expected standards of behaviour by all workers at West Australian Opera. A breach of this Code of Conduct may lead to disciplinary action, including the termination of your contract with West Australian Opera. If West Australian Opera considers the breach to be of a criminal nature, West Australian Opera may report the matter to the police.

Scope

All workers must comply with this Code of Conduct. Workers include but are not limited to:

• Company owners and board members;

• Leadership and management personnel (e.g. producers, promoters, CEOs, executive directors, artistic directors, general managers, company managers, heads of department, human resources managers, managers, supervisors);

• Production and venue personnel (e.g. actors, dancers, directors, choreographers, writers, stage management, chaperones, technical crew, front of house staff);

• Full-time, part-time, seasonal and casual employees;

• Job candidates, including people auditioning for roles;

• Student placements, apprentices, work experience students/interns;

• Contractors, sub-contractors and secondees (e.g. casting, talent and freelance agents who have been contracted or sub-contracted for a specific purpose); and

• Volunteers and anyone working in an unpaid capacity.

This Code of Conduct applies to all workers while:

• at work – such as at rehearsals, during performances, on production tours, while travelling for work;

• at work-related functions – such as opening nights, after parties, Christmas parties, conferences, industry events; and

• outside of work where there is a connection to the workplace – such as on social media.

Standards of behaviour

West Australian Opera’s workers are responsible for promoting a safe, respectful, inclusive and flexible workplace environment by:

ü Treating all workers and audience members/patrons/customers with dignity, courtesy and respect;

ü Respecting cultural, ethnic, religious, gender and sexual orientation differences;

ü Behaving in a professional, fair and courteous manner at all times;

ü Promptly reporting any breaches of this Code of Conduct, whether it is against you or another person, to the Production Manager, Mandy Farmer, or the Music Director, Christopher van Tuinen.

ü Maintaining confidentiality when complaints are made and/or under investigation; and

ü Abiding by all applicable laws and regulations

Unacceptable behaviours

West Australian Opera’s workers must not:

Ï Abuse or threaten to abuse (verbally, physically or in writing) another person;

Ï Physically or sexually assault another person;

Ï Discriminate against or treat someone less favourably because of their race, sex, age, sexual orientation, disability or other personal characteristics;

Ï Intimidate, threaten or harass another person;

Ï Sexually harass another person with unwanted, unwelcome or uninvited behaviour;

Ï Bully, isolate or humiliate another person;

Ï Victimise, unjustly treat or threaten someone because they have raised a complaint or are a witness in an investigation; or

Ï Behave improperly or unethically

Related policies

This Code of Conduct should be read in conjunction with:

• West Australian Opera’s Social Media Policy.

LPA Code of Conduct – Discrimination, Harassment, Sexual Harassment and Bullying

West Australian Opera is committed to providing a safe, respectful, inclusive and flexible workplace environment that is free from discrimination, harassment, sexual harassment and bullying. We do not tolerate or condone any form of discrimination, harassment, sexual harassment or bullying in this workplace.

This Code of Conduct, based on Live Performance Australia (LPA) guidelines, outlines expected standards of behaviour by all workers at West Australian Opera. A breach of this Code of Conduct may lead to disciplinary action, including the termination of your contract with West Australian Opera. If West Australian Opera considers the breach to be of a criminal nature, West Australian Opera may report the matter to the police.

SCOPE

All workers must comply with this Code of Conduct. Workers include but are not limited to:

• Company owners and board members;

• Leadership and management personnel (e.g. producers, promoters, CEOs, executive directors, artistic directors, general managers, company managers, heads of department, human resources managers, managers, supervisors);

• Production and venue personnel (e.g. actors, dancers, directors, choreographers, writers, stage management, chaperones, technical crew, front of house staff);

• Full-time, part-time, seasonal and casual employees;

• Job candidates, including people auditioning for roles;

• Student placements, apprentices, work experience students/interns;

• Contractors, sub-contractors and secondees (e.g. casting, talent and freelance agents who have been contracted or sub-contracted for a specific purpose); and

• Volunteers and anyone working in an unpaid capacity.

This Code of Conduct applies to all workers while:

• at work – such as at rehearsals, during performances, on production tours, while travelling for work;

• at work-related functions – such as opening nights, after parties, Christmas parties, conferences, industry events; and

• outside of work where there is a connection to the workplace – such as on social media.

West Australian Opera

CODES OF CONDUCT (16 August 2021) Page

CODE OF CONDUCT FOR WORKING WITH CHILDREN AND YOUNG PEOPLE

1. The purpose of this code of conduct is to establish clear expectations for all those working with West Australian Opera (WAO) regarding appropriate behaviour when working with children and young people.

2. Children are identified as those under the age of 15 years and young people those aged 15 years and over but not yet turned 18 years.

3. The Performers’ Certified Agreement (PCA) applies for children and young people directed in a production.

4. All those working directly with children will be required to provide a Working With Children Check

ALL THOSE WORKING WITH WAO ARE RESPONSIBLE FOR PROMOTING THE SAFETY AND WELL-BEING OF CHILDREN AND YOUNG PEOPLE BY:

• Treating everyone respectfully.

• Providing positive role modelling for children and young people.

• Ensuring children and young people have a positive experience with WAO

• Being inclusive and working to create an environment that is welcoming, safe and encourages participation.

• Respecting differences (eg cultural, religious, gender, language, political differences) in a sensitive way

• Listening to children and young people and responding appropriately.

YOU MUST NOT:

• Engage in inappropriate discussions (eg those of a mature or adult nature) in the presence of children and/or young people.

• Develop any relationships with children or young people outside of the professional relationship

• Arrange contact with children outside of the workplace.

• Give out your personal contact details, mobile number, email address, social media usernames, online profile details

• Receive personal contact details, social media usernames, online profile details from a child or young person

• Take photos or video of children and young people without the express written permission of their parent or guardian and WAO management.

• Enter a child or young person’s dressing room (unless you are the chaperone, designated supervisor or approved staff eg wardrobe or stage management)

• Engage in physical affection or physical contact towards any child or young person.

You must report any concerns to WAO management immediately. I have read and understood the Code of Conduct; I understand that any breech of the code may result in disciplinary action, up to and including, termination of employment.

West Australian Opera CODES OF CONDUCT (16 August 2021)

SOCIAL MEDIA GUIDELINES

These guidelines have been drafted to set expectations around social media and online activity and to assist in understanding expectation and etiquette around company representation and branding The company seeks to establish a safe and productive work environment that values and encourages respect, trust and confidentiality and we seek your assistance in upholding these values Please contact the company with any queries.

1. Electronic devices are not permitted backstage or during rehearsals and performance. This measure ensures both privacy and concentration for artists as they work.

You are permitted to capture your rehearsal journey with images prior to, after your call or whilst on a break. You are personally are responsible for obtaining explicit consent of artists whose images are to be shared.

2. Images and video shared by artists may be reposted by West Australian Opera. Please use appropriate tags @WestAustralianOpera

Facebook @WestAustralianOpera

Instagram @westaustralianopera

Twitter @waopera

3. As a representative of the company, or where you are associated with or identified with the company, it is your responsibility to promote the best interests of the company and to maintain confidentiality at all times. You are encouraged to act with honesty and integrity.

4. When using social media to comment about the company please be authentic and please disclose your affiliation with the company.

5. If in doubt, please err on the side of caution and do not post to social media or other forums. You are personally responsible for your words and actions. Ensure accuracy and exercise sound judgment, common sense and courtesy

6. Please do not use demeaning or inflammatory language that could be interpreted as slurs or negative comments about yourself, your colleagues or your company

7. Remember that online statements, referencing the company, can be held to the same legal standards as other traditional media communications

8. Remember that the internet is permanent. Once information is published online, it is essentially part of a permanent record, and remains online even if removed or deleted;

9. Respect copyrights and intellectual property. Always give people credit for their work, and make sure you have the right to publish or use material, photographs and images.

10. All company representation must adhere to the company’s marketing plan and brand values Queries can be addressed to WAO Marketing Manager at marketing@waopera.asn.au

West Australian Opera CODES OF CONDUCT (16 August 2021)

WEST AUSTRALIAN OPERA CODE OF CONDUCT

11. Unless specifically authorised to make statements on behalf of West Australian Opera, please ensure your audience is aware that views and opinions expressed are yours alone and do not represent the views and opinions of the company.

12. Do not reference other West Australian Opera employees, contractors, clients, partners and suppliers without their authorisation.

13. You may not use West Australian Opera logos or trademarks unless authorised to do so

14. When referring to the company, please use:

West Australian Opera

This is the full name and should always be used where possible.

WAO

The abbreviation, WAO, is permitted for use on social media

The brand should not be referred to as WA Opera.

West Australian Opera CODES OF CONDUCT (16 August 2021)

WEST AUSTRALIAN OPERA SUCCESSION PLANNING

Original Date and author: August 2020, Executive Director, Deputy Chair

Scope: Succession Planning

Last reviewed: 11 August 2020

Responsibility: Executive Director

Updated 11 August 2020

WEST AUSTRALIAN OPERA SUCCESSION PLANNING

The first step in succession planning is to identify the positions that are integral to the company’s success. These are the positions that, without successors, will cause the company’s growth to slow or stop and for WAO have been identified as:

1. the Chairman of the board

2. the Executive Director (ED) and

3. the Music Director (MD) or Artistic Director (AD)

The issues for the board to consider are as follows:

1. Annual review to consider the roles of:

a. Chairman

b. Executive Director

c. Music Director

d. Future board members

e. commitment by incumbents to continuing in the role

2. Identification of future Chairs and board members

a. The Nominations Committee of the board will be responsible for the identification of future board members and future chairs to the board

b. Identify prospects for the role of Chairman both from the incumbent board and board prospects

c. Identify external prospects for the role of Chairman

d. Identify external prospects for board positions including vacancies and Chair-Elected positions

3. Succession of Chairman

a. The Nominations Committee of the board will, where possible, make recommendations for the chair’s successor

b. The board, where possible, will make recommendations for the role of Chairman

c. Clause 15.1 of the Rules of Association states that ‘the Directors may elect a Chairperson and two Deputy Chairpersons of their meetings and determine the periods for which they are respectively to hold office’

4. Identification of future leaders (roles of ED and MD)

e. Identify internal prospects, if any, and assess what skills and training may be required to support their development to be job ready

f. Identify external prospects locally, nationally and internationally

5. Recruitment of Executive Director

a. The board will form a committee for the purpose of carrying out recruitment for the role

b. The board may appoint an external recruitment agency

c. Review job descriptions and selection criteria

6. Recruitment of Music Director

a. The board will form a committee for the purpose of carrying out recruitment for the role

b. The board may choose to appoint an external recruitment agency for the role

c. Review job descriptions and selection criteria

Updated 11 August 2020

COVID Safety Plan

Please use the following form to document your plan for how your staff and patrons will be kept safe during the COVID-19 pandemic.

Premises name:

has a maximum capacity of patrons and agrees to the following Phase 4 safety requirements:

A strict limit of a minimum of 2sqm per person

1 2 3 4

Maintain hygiene standards and conduct frequent cleaning

Number:

Maintain physical distancing

Carefully manage shared spaces to ensure physical distancing

Refer to the COVID Safety Guidelines for information on the expectations for COVID Safety Plans and to assist you in completing this plan. These are available at wa.gov.au

Discuss and share relevant details of your plan with staff, contractors and suppliers so everyone is aware of what to do and what to expect.

The COVID-19 pandemic is an evolving situation –review your plan regularly and make changes as required.

Print and display the COVID Safety Plan Certificate available at the end of this form.

Premises details

Premises name: Prepared by:

Type of premises: Position title:

Street address: Completion date:

Contact no: Revision date:

Email:

* For the sections below, please complete the form and attach additional pages or information as required.

1. Physical distancing

• What will be done to implement physical distancing guidelines?

Consider: physical distancing for staff and patrons; occupancy limits based on 2sqm requirements; management of waiting areas etc.

2. Hygiene

• How will you ensure required hygiene standards are maintained?

Consider: hygiene protocols and practices; supply of cleaning and sanitiser products etc.

3. Training and education

• How will you ensure all your workers know how to keep themselves and others safe from exposure to COVID-19?

Consider: staff training; records of training; additional education; signage; guidance material etc.

4. Compliance

• I am aware that in addition to the legal obligations arising from the Emergency Management Act 2005 and the Directions made under that Act, I must continue to comply with relevant existing legislation and regulations, including WorkSafe legislation.

Yes No

Comments:

5. Response planning

• How will you respond to an exposure or suspected exposure to COVID-19 within your premises?

Consider: records of patrons; cleaning procedures; referrals to relevant authorities; regular review of procedures etc.

WEST AUSTRALIAN OPERA

TEMPORARY WORK FROM HOME: CHECK LIST

There may be times during COVID-19 where you need to temporarily work from home and the goal is to ensure that you have an environment to safely undertake your work away from the normal workplace. Please complete and return this document

Safe Work Area

• I have a designated and safe work area which provides enough clear space to enable me to have full range of movement required to work without risk of strain or injury

• I have cleared all slip & trip hazards (e.g. cabling, mats, steps, flooring, clutter)

• My work area and equipment (chair, desk) are free from safety risks

• I will immediately cease work and advise WAO if I have any safety-related concerns

Environmental Conditions

• I have ensured that room lighting is adequate for the tasks being performed; easy to see and comfortable for my eyes

• I have ensured that there is adequate ventilation and my room temperature is comfortable for me

Individual factors

• Any special needs to ensure my health and safety have previously been advised to WAO and/or I will immediately advise WAO (e.g. pre-existing injuries, illness or disease that could be accelerated, exacerbated, aggravated, re-occur or deteriorate in performing the inherent requirements of the role especially when working remotely from a home-based office)

Policies and confidentiality

• I will continue to abide by company policies, standards and guidelines

• I will continue to abide by company confidentiality

Workers’ Compensation

• I understand that if I have an accident or sustain an injury, I am to report the injury or illness to WAO within 24 hours of occurring

Risks

• To the best of my knowledge, my environment does not have electrical risks; ergonomic risks; slip and fall risks; manual handling risks; stress risks; inadequate emergency support.

Costs

• I understand that any personal costs associated to perform home-based work will be borne by me.

Communication

• I will be available to take phone calls and answer emails promptly during normal working hours

• I will be available to take meetings, including regular staff meetings, over zoom or any other device or platform that may be agreed

• I will check in with my colleagues and my ED and MD on a regular basis (by email or phone)

Acknowledgement I acknowledge that I have read and understood this checklist

Name

Date

WEST AUSTRALIAN OPERA

COVID19 GUIDELINES JUNE-DECEMBER 2020

DOCUMENT GENERAL GUIDELINES WHEN WORKING WITH WAO

DATED 3 June 2020

PREPARED BY Catherine Power, Holly Langford-Smith, Terasa Letizia

REVIEWED BY Carolyn Chard

REFERENCES

COVID-19 coronavirus WA Roadmap HERE

HMT COVID Safe Plan HERE

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

About COVID-19

At present we are advised that there is no vaccine or cure. The best way to prevent infection is by social distancing, washing your hands, using an alcohol-based rub frequently and not touching your face.

We can mitigate the spread of infection by identifying and controlling high risk activities, social distancing, ensuring high risk objects and surfaces are cleaned regularly to reduce contamination, and keeping a high level of knowledge about rules, regulations and restrictions.

GUIDELINES

These guidelines have been drafted to ensure compliance with federal and state government legislations and guidelines regarding hygiene, safety, and social distancing during your engagement with West Australian Opera

This is a guideline to assist with the following during your engagement with West Australian Opera:

1. Washing of hands and use of hand sanitiser

2. Social distancing

3. Being responsible for your own health and hygiene (this includes ensuring you have your own water bottle, mask, hand sanitiser)

4. Acknowledgement of the following COVID-19 questions on sign in prior to music calls, rehearsals, stage calls and performances

Please consider the following questions:

Have returned from interstate or overseas travel in the last 14 days?

If yes – you may be required to self-isolate for 14 days from date of arrival into Australia

Have you been in contact with a person confirmed sick with COVID-19?

If yes – you may be required to self-isolate for 14 days

Do you have any of the following symptoms: fever, cough, runny nose, shortness of breath and other symptoms?

If yes – please arrange an appointment with your doctor or your nearest COVID clinic

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Category Procedures overview

GOOD HYGIENE

General health and hygiene practices

• Wash and sanitise hands before, during and after rehearsals

• No formal greetings (this includes no handshaking or hugging)

• Cover coughs and sneezes

• Avoid touching your face

• Surfaces will be cleaned frequently

• Always maintain social distancing

• Stay home if you are unwell

• Go home immediately if you’re unwell

• Take extra care on public transport and in public places

• You are required to provide your own personal water bottle, pens and notetaking items for music and rehearsal calls

• You are encouraged to bring your own hand sanitiser and masks

• You are responsible for your own personal belongings. Belongings left behind in studios/rehearsals may be disposed of

Reference

SafeWork Australia COVID-19 Good Hygiene checklist

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

SOCIAL DISTANCING

Social distancing principle

You are responsible for ensuring that you meet the current guidelines for social distancing (check the link for current advice).

• Contact with others must be minimised

• Read the social distancing regulations

• adhere to social distancing regulations

• Colleagues working closely with others, such as make-up, hair, wardrobe and others will wear masks when working

• Floors will be marked up with tape to indicate social distancing where possible and as required

MEASURES TO REDUCE POSSIBLE SPREAD OF COVID-19

Sick or feeling unwell

• If you have a temperature, cold or flu like symptoms or feel unwell you must stay home

• If you become unwell during rehearsal, please go home immediately

• You may be asked to wear masks for music and rehearsal calls (check current guidelines)

• You will be asked to complete an online COVID-19 course

• Government encourages you to download the COVID safe app

• Advise Production Manager and/or Music Director if you are unwell prior to arrival for rehearsal or on set

SafeWork Australia COVID-19 Social Distancing

Covid-19 coronavirus: WA Roadmap

SafeWork Australia COVID-19 Good Hygiene checklist

https://www.health.gov.au/resources/apps-andtools/covid-19-infection-control-training

https://www.health.gov.au/resources/apps-andtools/covidsafe-app

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

WEST AUSTRALIAN OPERA

COVID19 GUIDELINES JUNE-DECEMBER 2020

DOCUMENT COVID19 RETURN TO WORK PLAN

DATED 10 June 2020

PREPARED BY Catherine Power, Holly Langford-Smith, Terasa Letizia

REVIEWED BY Carolyn Chard

REFERENCES WAO COVID SAFETY PLAN - HERE

COVID SAFETY GUIDELINES - HERE

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

About COVID-19

At present we are advised that there is no vaccine or cure. The best way to prevent infection is by social distancing, washing your hands, using an alcohol-based rub frequently and not touching your face.

In the workplace, we can mitigate the spread of infection by identifying and controlling high risk activities, social distancing, ensuring high risk objects and surfaces are cleaned regularly to reduce contamination, and keeping a high level of knowledge about rules, regulations and restrictions.

WAO and COVID-19

A survey was conducted with WAO staff on 21 May 2020 to 1) assess the willingness to return to work in the office and 2) to establish workplace health and safety protocols during the COVID-19 pandemic.

GUIDELINES

These guidelines have been drafted to ensure compliance with federal and state government legislations and guidelines regarding hygiene, safety, and social distancing.

These guidelines are for the timeframe June – December 2020.

The guidelines and workplace measures will be reviewed every week throughout this period.

EXPECTATIONS OF STAFF

It is expected that each person is responsible:

Maintaining their own social distancing

Maintaining their own personal hygiene

Maintaining their own health and safety checks

Maintaining their own hand washing before and after all tasks and throughout the day

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

GUIDELINES

This is a working document drafted in accordance with federal and state government legislations and guidelines.

You will be aware of the basic principles outlined in this plan. This is a guideline to assist with the following:

1. Washing of hands and use of hand sanitiser

2. Social distancing

3. Being responsible for your own health and hygiene

WAO OFFICE LOCATION

WAO’s office is situated on Level 3 of His Majesty’s Theatre. The theatre is closed for performances but remains open at stagedoor and on administration levels. WAO staff are able to access the office while working from home (WFH). WFH for WAO staff commenced 17 March 2020.

RETURN TO WORK IN THE OFFICE

It is expected that a full office return to work date will be sometime between 22 June and 6 July 2020.

PRIOR TO RETURN TO WORK

Prior to 22 June the following actions will have been completed by WAO (working with HMT and PTT as required):

1. Deep clean of full floor (as confirmed with PTT)

2. Full storage cleanup of all WAO offices

3. Full storage cleanup of all WAO storage areas

4. No items stored in corridors or public areas

5. Social distancing markup in shared areas including meeting rooms

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

6. Signage for gathering numbers to be confirmed and advised for all areas including lifts, meeting rooms, studio, wardrobe, bathrooms etc (in some cases the number will be one; in others it will be worked out in accordance with government advices)

7. All staff to ensure they are not at risk of illness or infection spread prior to returning and daily after that

FLEXIBLE WORK ARRANGEMENTS (JUNE – DECEMBER 2020)

Staff may request flexible working arrangements. Working from home (WFH) requests, including a Work from Home Plan, must be made to the Executive Director. You may request flexible hours including changes to work start and finish times to avoid peak hour travel

When considering flexible work arrangements take into account factors such as:

1. your health and wellbeing

2. transport to and from the workplace

3. your sense of safety

4. childcare and other family or caring arrangements

5. whether the role can reasonably be performed WFH

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Category Procedures overview

EDUCATION

Infection Control COVID-19 online course

• Extension to first aid training – 30-minute online course

• This course covers the fundamentals of infection prevention and control for COVID-19 including:

o COVID-19 What is it?

o Signs and Symptoms

o Protecting yourself and others

o Myth busting

Reference

Infection Control COVID-19 online course

GOOD HYGIENE

general health and hygiene practices

• Handwashing

• Hand sanitiser use

• Cover coughs and sneezes

• Avoid touching face

• Cleaning surfaces

• Social distancing

• Stay home when unwell

• Go home immediately if unwell

SafeWork Australia COVID-19 Good Hygiene checklist

CLEANING PROTOCOLS

General workplace Cleaning procedures

• Cleaning products to be used (disinfectant wipes, cleaning sprays)

• Ensure hand hygiene while cleaning

SafeWork Australia COVID-19 Cleaning checklist

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

• Dispose of cleaning materials after use

• Hand sanitiser available throughout the office

Ensure daily adherence to cleaning of:

• Frequently touched surfaces

• Personal property including desks, keyboards, and computers

Communal kitchen

• Keep kitchen use to a minimum

• Kitchen access strictly one person at a time

• Sanitise surfaces after use

• Wash hands before and after use Rehearsal studio

• The Studio to be mopped with disinfectant regularly throughout the day and at the end of each day if the studio has been in use.

• Studio floor must be dry before it is used

• Door handles, desks and all other surfaces in the studio need to be sanitised before and after use

• Hand sanitiser must be available

SafeWork Australia COVID-19 Cleaning checklist

SOCIAL DISTANCING

Social distancing principle

Social distancing must be maintained

• Contact with others must be minimised

• Please refer and adhere to the social distancing regulations

COVID-19 Social Distancing

Covid-19 coronavirus: WA Roadmap

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

MEETINGS

WAO internal meetings and inviting external colleagues to meetings

• Floors must be marked up with tape to indicate social distancing where possible

• Internal meetings can take place, provided capacity does not exceed the 10-person limit.

• External meetings can take place, provided capacity does not exceed the 5-person limit.

• If a colleague required in the meeting is WFH their attendance can be via Zoom or Teams

• If a meeting is held in the Wesfarmers Puccini Room or another communal space, full pre and post meeting cleaning of the area must be conducted

• Please check with meeting attendees that they are comfortable with the number of people attending each meeting (this can be confirmed when the meeting is called)

SafeWork Australia COVID-19 Social Distancing

SafeWork Australia COVID-19 Cleaning checklist

VISITORS

Level 3 closed to all external patrons and visitors

• WAO is closed to all external patrons and visitors except by invitation

• All visitors must report to stagedoor

• Stagedoor to be requested to comply with WAO’s request to hold all visitors at stagedoor

• Any visitors must be met at stagedoor by a WAO staff member and escorted to WAO

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

• All couriers to deliver to stagedoor (stagedoor to advise WAO of deliveries)

MEASURES TO REDUCE POSSIBLE SPREAD OF COVID-19

Sick or feeling unwell

• If you have a temperature, cold or flu like symptoms or feel unwell please stay home

• If you become unwell go home immediately

• stay home until you are well

• please see your doctor and obtain a medical certificate

• your medical certificate should advise when you are able to return to work (this may include being cleared by testing or having the symptoms clear for 72 hours)

• please complete a sick leave form

Covid-Safe App Government encourages everyone to download the COVID-safe app

Influenza Vaccination Staff have been offered the influenza vaccination at the company’s expense

SUSPECTED OR CONFIRMED CASES OF COVID-19 IN THE WORKPLACE

Cleaning

Please refer and adhere to the cleaning advice for a suspected or confirmed case of COVID-19 checklist

SafeWork Australia COVID-19 Good Hygiene checklist

COVID-Safe App

Correspondence via email

SafeWork Australia COVID-19 Cleaning checklist

COVID-19 resource kit

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Process if the person is at the workplace

Steps to follow if you suspect you have come into contact with a suspected or confirmed case of COVID19:

• Staff member to isolate away from other staff

• Seek advice from Executive Director and medical professional

• Ensure staff member has transport home or to COVID-19 clinic

• Deep clean of workplace

• Identify and inform Executive Director of test results related to COVID-19

• Review risk assessment

COVID-19 resource kit

Process if the person was recently at the workplace

Steps to follow:

• Seek advice from Executive Director and medical professional

• Identify and inform Executive Director of test results related to COVID-19

• Deep clean of workplace

• Review risk assessment

Staff who are sick or show symptoms Staff who are sick must stay home from work

Staff who show symptoms of, or suspect they have COVID-19 coronavirus should immediately contact their GP or health provider for assistance and testing if advised.

COVID-19 resource kit

COVID-19 resource kit

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Staff who arrive at work sick or become unwell while at work should be immediately isolated and instructed and assisted to return home.

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

WEST AUSTRALIAN OPERA COVID19 GUIDELINES

DOCUMENT COVID19 WAO GUIDELINES

DATE 29 April 2022

FOR REVIEW Continual review

PREPARED BY WAO COVID-19 COMMITTEE

REVIEWED BY Executive Director

REFERENCES State Government of Western Australia Safe Work Australia

Healthy WA

Managing COVID-19 booklet

FURTHER SOURCES Live Performance Australia

Australian Government

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

About COVID-19

The World Health Organisation (WHO) declared the novel coronavirus (COVID-19) a worldwide pandemic on 11 March 2020. The COVID-19 pandemic declaration is still active.

On 26 April the State Government announced further easing of restrictions due to commence on Friday 29 April, 12.01am.

WAO and COVID-19

In the workplace, we seek to mitigate the spread of infection by identifying and controlling high risk activities, social distancing, ensuring high risk objects and surfaces are cleaned regularly to reduce contamination, and keeping a high level of knowledge about rules, regulations and restrictions.

WAO established a COVID-19 Committee in 2020 and the committee meets regularly to revise information and guidelines and to ensure compliance with regulations.

The WAO COVID-19 Committee members includes: Catherine Noonan (Chair), Scott Whinfield (Co-Chair), Kate Larkins, Mandy Farmer, and Terasa Letizia (as at 29 April 2022).

GUIDELINES

These guidelines have been drafted to ensure compliance with federal and state government legislations and guidelines regarding COVID-19.

EXPECTATIONS OF WAO STAFF

Each person is responsible for:

Maintaining their own social distancing

Maintaining their own personal hygiene

Maintaining their own health and safety checks

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

GUIDELINES

This is a working document drafted in accordance with federal and state government legislations and guidelines.

It is expected that WAO people will be aware of the basic principles outlined and that this guideline will assist with the following expectations:

1. Face masks

2. Demonstration of vaccination if required by government guidelines or rules

3. Testing for COVID-19 and registering positive results

4. Close contact regulations

5. Being responsible for your own health and hygiene

6. Washing of hands and use of hand sanitiser

7. Social distancing

FLEXIBLE WORK ARRANGEMENTS

Staff may request flexible working arrangements. Working from home (WFH) requests, including a Work from Home Plan, must be made to the Executive Director.

When considering flexible work arrangements take into account factors such as:

1. your health and wellbeing

2. transport to and from the workplace

3. your sense of safety

4. childcare and other family or caring arrangements

5. whether the role can reasonably be performed WFH

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Category

COVID-19 VACCINATION

Proof of COVID-19 vaccination/medical exemption

Procedures overview

From 29 April it is no longer a requirement to present proof of vaccination or medical exemption to enter venues and businesses.

Mandatory workplace vaccination requirements will remain in place.

Reference

Proof of Covid-19 vaccination

Acceptable forms of proof of vaccination/medical exemption

FACE MASKS

Use of face masks

Masks are no longer mandatory (as of 12.01am Friday 29 April 2022) except for high-risk settings for people aged 12 years and older

• when on public transport, in taxis and rideshare vehicles

• airports

• hospitals, residential aged care and disability facilities and correctional facilities

Masks are encouraged where physical distancing isn’t possible

MEASURES TO REDUCE POSSIBLE SPREAD OF COVID-19

Testing if sick or feeling unwell

• If you have a temperature, cold or flu like symptoms or feel unwell please stay home

Masks

Covid-19 Symptoms

Completing a Rapid Antigen Test

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

• If you become unwell at work or during rehearsals, please go home immediately

• You must get tested or take a test if you are unwell or are a close contact. A PCR test is free and available at clinics. You can also take a RAT at home.

• You must register POISITIVE RAT results to the WA Department of Health on 1300 316 555

Registering a positive RAT

COVID-19 CLOSE CONTACTS

Testing and isolation protocols Close contacts with no symptoms are not required to isolate for 7 days, but must:

• Undertake a daily Rapid Antigen Test

• Wear a mask when leaving the house

• Avoid high-risk settings

• Work from home, where possible

• Avoid non-essential gatherings and contact with people at risk of severe illness

• Close contacts need to notify WAO of their close contact status

• Close contact with symptoms must continue to isolate until symptoms resolve and get tested as per existing protocols

• If a close contact tests positive, they must isolate for a further 7 days as per arrangements for positive COVID-19 cases

COVID testing and isolation protocols

Completing a Rapid Antigen Test

Registering a positive RAT

WA COVID Care at Home

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

• I have tested positive for COVID-19

• I am a close contact and have no symptoms

• I am a close contact with symptoms

• I am not a close contact and I have symptoms

EDUCATION

Infection Control COVID-19 online course

• Extension to first aid training – 30-minute online course

• This course covers the fundamentals of infection prevention and control for COVID-19 including:

o COVID-19 What is it?

o Signs and Symptoms

o Protecting yourself and others

o Myth busting

Infection Control COVID-19 online course

GOOD HYGIENE

General health and hygiene practices

• Handwashing

• Hand sanitiser use

• Cover coughs and sneezes

• Avoid touching face

• Cleaning surfaces

• Social distancing

• Stay home when unwell

• Go home immediately if unwell

• Use of face masks

SafeWork Australia COVID-19 Good Hygiene checklist

CLEANING PROTOCOLS

General workplace

Cleaning procedures

How to wear a face mask

SafeWork Australia COVID-19 Cleaning checklist

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

• Cleaning products to be used (disinfectant wipes, cleaning sprays)

• Ensure hand hygiene while cleaning

• Dispose of cleaning materials after use

• Hand sanitiser available throughout the office

Ensure daily adherence to cleaning of:

• Frequently touched surfaces

• Personal property including desks, keyboards, and computers

Communal kitchen

• Keep kitchen use to a minimum

• Kitchen access strictly one person at a time

• Sanitise surfaces after use

• Wash hands before and after use

• Staff are responsible for cleaning up after themselves

SOCIAL DISTANCING

Social distancing principle Social distancing must be maintained

• Contact with others must be minimised

• Please refer and adhere to the social distancing regulations

COVID-19 Social Distancing

Covid-19 coronavirus: WA Roadmap

MEETINGS

WAO internal meetings and inviting external colleagues to meetings

• Internal meetings can take place

• External meetings can take place via Zoom or Teams or in person if required to be in person

SafeWork Australia COVID-19 Social Distancing

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

VISITORS

Level 3 closed to all external patrons and visitors

• If a colleague required in the meeting is WFH their attendance can be via Zoom or Teams

• If a meeting is held in the Wesfarmers Puccini Room or another communal space, full pre and post meeting cleaning of the area must be conducted by the person who called the meeting

• Staff Meetings – Each staff member is responsible for wiping their place at the desk and chair with an antibacterial wipe

• Please check with meeting attendees that they are comfortable with the number of people attending each meeting (this can be confirmed when the meeting is called)

SafeWork Australia COVID-19 Cleaning checklist

• All visitors must report to stagedoor

• All couriers to deliver to stagedoor (stagedoor to advise WAO of deliveries)

SUSPECTED OR CONFIRMED CASES OF COVID-19 IN THE WORKPLACE

Cleaning

Please refer and adhere to the cleaning advice for a suspected or confirmed case of COVID-19 checklist

SafeWork Australia COVID-19 Cleaning checklist

COVID-19 resource kit

Process if the person is at the workplace

Steps to follow if you suspect you have come into contact with a suspected or confirmed case of COVID19:

• Staff member to isolate away from other staff and complete a RAT test

COVID-19 resource kit

Completing a Rapid Antigen Test

Registering a positive RAT

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Process if the person was recently at the workplace

• Seek advice from Executive Director and/or medical professional

• Ensure staff member has transport home or to COVID-19 clinic

• Deep clean of workplace

• Identify and inform Executive Director of test results related to COVID-19

• Review risk assessment

Steps to follow:

• Seek advice from Executive Director and/or medical professional

• Identify and inform Executive Director of test results related to COVID-19

• Deep clean of workplace

• Review risk assessment

• Identify close contacts

COVID-19 resource kit

COVID-19 close contact

Staff who are sick or show symptoms

Staff who are sick must stay home from work.

Staff who show symptoms of, or suspect they have COVID-19 coronavirus should immediately contact their GP or health provider for assistance and testing.

Staff who arrive at work sick or become unwell while at work should be immediately isolated and instructed and assisted to return home.

COVID-19 WORK HEALTH AND SAFETY INCIDENT NOTIFICATION

COVID-19 resource kit

COVID-19 Symptoms

WA COVID Care at Home

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

Western Australia

Employers and self-employed people must notify WorkSafe WA, Department of Mines, Industry Regulation and Safety, (the Department) when:

• a person contracts COVID19 while carrying out work and either dies or is required to have in-patient treatment in hospital

Employers who fail to notify the Department can be fined $50,000 for individuals and $100,000 for a company.

Notifications can be made to the Department by phone on 1800 678 198.

COVID19 restrictions may change at any time; please continually refer to links to ensure you are working with the most recent information

WEST AUSTRALIAN OPERA MODERN SLAVERY GUIDELINES

Draft: Carolyn Chard

Original date and author: 28 January 2021

Scope: Modern Slavery: compliance guidelines

Next annual review: 28 January 2022

Responsibility: Executive Director

1. BACKGROUND

The Commonwealth Modern Slavery Act 2018 (the Act) entered into force on 1 January 2019. The Act established a national Modern Slavery Reporting Requirement (Reporting Requirement). This Reporting Requirement applies to large businesses and other entities in the Australian market with annual consolidated revenue of at least AUD$100 million.

Source: https://www.homeaffairs.gov.au/criminal-justice/Pages/modern-slavery.aspx

Broadly, Modern slavery refers to enslavement of vulnerable people whose freedom is impacted by exploitation including threats, violence and coercion, abuse of power or deception. Modern Slavery in the context of business is a complex, global problem transpiring in various forms (June 30, 2020)

Source: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1819a/19bd012

2. COMPLIANCE

WAO will use its best endeavours to ensure suppliers and partners comply With the Act

Should any relevant matter be identified WAO will comply with agreements to notify Wesfarmers, Minderoo and any other partners or stakeholders as required.

Existing and new suppliers and stakeholders must be able to demonstrate compliance with the Modern Slavery Act 2018 (the Act) on request.

The Supplier must, at all times during the term of the supply arrangements:

(a) ensure that there is no Modern Slavery in the Supplier’s supply chains or in any part of its business or operations;

(b) take all reasonable precautions, including reasonable due diligence procedures, for its own suppliers and subcontractors with a view to ensuring there is no Modern Slavery in its supply chains;

(c) notify WAO if it becomes aware of any actual or suspected Modern Slavery in the Supplier’s business, operations or supply chain which has a connection with the supply of services to WAO;

(d) on request by WAO, provide WAO with all information required to enable WAO to comply with its reporting obligations (whether contractual or under applicable legislative instrument) with respect to Modern Slavery, as WAO may notify the Supplier from time to time.

Modern Slavery means any activity, practice or conduct that would constitute an offence in relation to slavery, forced labour, involuntary servitude, debt bondage, human trafficking, and other slavery-like exploitation as prohibited or defined as a modern slavery offence under all applicable anti-slavery and human trafficking laws, statutes and codes from time to time in force including, but not limited to the Modern Slavery Act 2018 (Cth), the Criminal Code Act 1995 (Cth), sch1 divisions 270 and 271, the Modern Slavery Act 2018 (NSW), s 5(1) and sch 2. For the avoidance of doubt, Modern Slavery includes any conditions or practices similar to those prohibited under those laws, statutes, regulations and codes.

3. WAO PARTNERSHIPS

Wesfarmers

The relevant partnership clause reads:

Clause 11.2 Modern Slavery Requirements

At all times during the Term, the Organisation must:

(a) ensure that there is no Modern Slavery in the Organisation’s supply chains or in any part of its business or operations.

(b) implement due diligence procedures for its own suppliers and subcontractors to ensure that there is no Modern Slavery in its supply chains.

(c) notify Wesfarmers if it becomes aware of any actual or suspected Modern Slavery in the Organisation’s business, operations or supply chain which has a connection with this Agreement.

(d) on request by Wesfarmers, provide Wesfarmers with all information required to enable Wesfarmers to comply with its reporting obligations with respect to Modern Slavery, including the preparation of a modern slavery statement as required under Part 2 of the Modern Slavery Act 2018 (Cth).

For the purpose of this clause 12.2, Modern Slavery means any activity, practice or conduct that would constitute an offence in relation to slavery, forced labour, involuntary servitude, debt bondage, human trafficking, and other slavery-like exploitation as prohibited or defined as a modern slavery offence under all applicable anti-slavery and human trafficking laws, statutes and codes from time to time in force including, but not limited to the Modern Slavery Act 2018 (Cth), the Criminal Code Act 1995 (Cth), sch1 divisions 270 and 271, the Modern Slavery Act 2018 (NSW), s 5(1) and sch 2. For the avoidance of doubt, Modern Slavery includes any conditions or practices similar to those prohibited under those laws, statutes, regulations, and codes.

Minderoo Foundation

The relevant partnership clause reads:

Clause 6. Labour Practises

(a) You:

(i) have and will continue to thoroughly investigate Your labour practices and those of Your direct suppliers and any other Third Party You engage; and

(ii) will not, either directly or indirectly, use Exploitative Labour Practices in implementing the Project.

(b) If any Third Party assists You in implementing the Project, you will procure from each of those Third Parties written confirmation that they will not use Exploitative Labour Practices.

(c) You must also ensure that You (and any Third Party You engage) abides by all other obligations You may have under any applicable anti-slavery Laws.

(d) If You become aware that any Third Party that is assisting You in implementing the Project uses Exploitative Labour Practices, you will immediately terminate and discontinue the involvement of that Third Party in the Project.

(e) If we request, you must provide evidence to Us to demonstrate your compliance with this clause.

4. INFORMATION LINKS

MODERN SLAVERY ACT

https://www.homeaffairs.gov.au/criminal-justice/Pages/modern-slavery.aspx

https://corporate-responsibility.org/wpcontent/uploads/2017/06/Core_RecommendedcontentFINAL-1.pdf

LEGISLATION

https://www.legislation.gov.au/Details/C2018A00153

https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1819a/19bd012

GOVERNANCE

https://aicd.companydirectors.com.au/membership/the-boardroom-report/volume-16-issue12/modern-slavery-laws-how-boards-must-comply

QANTAS

https://www.qantas.com/content/dam/qantas/pdfs/about-us/corporate-governance/modernslavery-and-human-trafficking-statement.pdf

WESFARMERS

https://www.wesfarmers.com.au/sustainability/our-principles/ethical-sourcing-and-humanrights/2020-modern-slavery-statement-for-wesfarmers

MINDEROO FOUNDATION

https://www.minderoo.org/walk-free/

https://cdn.minderoo.org/content/uploads/2019/02/17135254/Quick-Guide-20181.pdf

WEST AUSTRALIAN OPERA TOIL GUIDELINES

Last Updated: 27 April 2023, Executive Director

Original Date and author: June 2010, General Manager

Scope: TOIL

Reviewed: Reviewed with LPA 21 April 2023 (also ref: Clause 12 Live Performance Award 2020)

Reviewed: Safety Solutions WA April 2023 (ref: WHS Act)

Originally reviewed: Reviewed with LPA 17 May 2013

WEST AUSTRALIAN OPERA TOIL GUIDELINES

1. WHO DO THESE GUIDELINES APPLY TO

These time off in lieu (TOIL) guidelines apply to full-time and part-time employees who have worked for WAO for a period of at least 12 months.

2. HOURS OF WORK

Your contract sets out the hours of work. It is expected that your will manage your time and will keep hours to a reasonable number of hours each day, and within the working week.

TOIL is not expected to be accrued.

Your hours of work are set out in your contract of employment and no TOIL should be accrued If you need to work outside your usual or rostered hours of work you must have prior approval from your direct Manager or the Executive Director

3. WORK OUTSIDE ALLOCATED HOURS

From time to time you may be required to work outside your rostered hours and/or the hours specified in the ‘hours you will work’ clause in your contract of employment (for instance Opening Nights).

These additional hours worked by you may be taken as TOIL at a time mutually agreed between you and your direct Manager

TOIL should be taken as close to the time worked as possible (for instance, the day after an Opening Night).

4. TIME MANAGEMENT

You are required to schedule your time to keep within the ‘hours your will work’ clause in your contract of employment where possible

For example, if you are required to attend evening performances, take this into account when planning each working day. You may consider flexible working hours, where you commence work ‘later’ that day or leave work ‘earlier’ or commence work later the next day.

5. FATIGUE MANAGEMENT AND WORKING HOURS

The following hours of work guidelines apply to all WAO workers:

a) You must not exceed 12 hours maximum in any given 24-hour period without seeking permission from your direct Manager or Executive Director.

b) If you work for five consecutive days you must then take a minimum 24-hour break period.

c) The maximum continuous work time without a break shall be 5 hours. Where breaks cannot be taken within the recommended timeframe, additional controls

WEST AUSTRALIAN OPERA TOIL GUIDELINES

shall be implemented to ensure that workers receive appropriate breaks to manage fatigue related risks.

6. ROSTERING AND SCHEDULING

You must schedule all work within the hours specified in the ‘hours you will work’ clause in your contract of employment ‘

Please consider any additional controls that are required and shall be implemented to achieve this. For example, additional casual staff; prioritising essential work and rescheduling other non-essential work at busy times

7. REASONABLE ADDITIONAL HOURS

Section 62 of the Fair Work Act 2009 (Cth) (FW Act) sets out:

a) maximum hours of work as 38 per week

b) employee must not be required to work more than 38 hours, unless the additional hours are reasonable.

When determining whether additional hours are “reasonable” the following factors must be taken into account:

a) any risk to employee health and safety

b) the employee’s personal circumstances, including family responsibilities

c) the needs of the workplace or enterprise

d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for (or a level of remuneration that reflects an expectation of ) working additional hours

e) any notice given by the employer to work the additional hours

f) any notice given by the employee of his or her intention to refuse to work the additional hours

g) the usual patterns of work in the industry

h) the nature of the employee’s role and the employee’s level of responsibility

i) whether the additional hours are in accordance with averaging provisions included in an award or agreement that is applicable to the employee, or an averaging arrangement agreed to by an employer and an award/agreement-free employee

j) any other relevant matter

Although clause 61.1(g) of the Live Performance Award does allow for averaging of hours for production and support staff where cyclic rostering is implemented, the ordinary hours of work will be an average of 38 hours per week.

WEST AUSTRALIAN OPERA TOIL GUIDELINES

8. APPROVING TOIL (UP TO ONE DAY)

If you accrue additional hours of work of up to one day or less you must take those hours off work as TOIL immediately or as close to the performance as possible.

You must inform your direct Manager or the Executive Director prior to taking the TOIL

9. PRIOR APPROVAL FOR TOIL (MORE THAN ONE DAY)

Where you accrue additional hours of work that are more than one day (this will usually only apply to production and artistic staff), you must obtain approval from your direct Manager or the Executive Director prior to these hours being accrued.

If your rostered hours of work or your proposed scheduling of your work are in excess of your ‘hours you will work’ clause in your contract of employment you must inform your direct manager or the Executive Director, and seek their approval prior to undertaking those hours of work.

When seeking approval for additional hours please note the number of additional hours and when and why those hours must be incurred.

You must seek prior approval from your direct Manager or the Executive Director prior to taking TOIL of up to one day or more.

10. Changes to this policy

WAO maintains the right to amend these Guidelines at any time. Workers will be notified of any Guideline updates The updated policy will be available on the shared network g-drive

Workers are responsible for ensuring that they have read and understood the most recent version of the TOIL Guidelines.

If further information or clarification is required regarding the content of these guidelines, please contact the Executive Director or Accountant.

WEST AUSTRALIAN OPERA CYBER GUIDELINES

Approved by: DRAFT

Original Date and author: 9 May 2023, Executive Director

Scope: Cyber security

Last review: n/a

References National Institute of Standards and Technology (NIST) https://www.nist.gov/cyberframework

Information Security Management Systems (ISMS)

Cyber Security Policy www.ourcommunity.com.au

WEST AUSTRALIAN OPERA CYBER GUIDELINES

These guidelines set out practices for managing cyber risk to the company including its computer equipment, software, operating systems, storage, electronic data and network accounts.

1. CONFIDENTIALITY

1.1 Confidentiality of information stored on any network device belonging to WAO cannot be guaranteed, and WAO reserves the right to audit networks and systems periodically to ensure compliance with this policy.

1.2 All users should be aware that the data they create on the WAO systems remain the property of WAO

2. PUBLIC DATA

Publicly accessible data, including but not limited to data on social media, websites and EDMs, must be limited to non-sensitive information

3. PASSWORD SECURITY

3.1 All users must take all necessary measures to maintain cyber security including protecting passwords, securing access to computers, and maintaining protective software.

3.2 All PCs, laptops and workstations should be secured by a password-protected screensaver with the automatic activation feature set at 10 minutes or less, or by loggingoff when the host will be unattended.

3.3 All users must keep passwords secure. Accounts must not be shared, and no other people may be permitted to use the account.

3.4 Passwords should not be readily accessible in the area of the computer concerned. Authorised users are responsible for the security of their passwords and accounts.

3.5 System level passwords should be changed quarterly; user level passwords should be changed every six months.

3.6 User accounts will be frozen after three failed log-on attempts. Log-on IDs and passwords shall be suspended after 30 days without use.

3.7 Password files on servers may be monitored for access by unauthorised users. Copying, reading, deleting or modifying a password file on any computer system is prohibited.

4. SYSTEM PROTECTION

4.1 All users must use every endeavour to prevent data exploitation, identify theft, and scam or phishing. Dubious emails and links should not be accessed; refer to IT provider for assistance.

4.2 All computers and devices used by the user that are connected to the network must use current updated virus-scanning software

4.3 Malware protection software must not be disabled or bypassed, nor the settings adjusted to reduce their effectiveness.

4.4 Automatic daily updating of the malware protection software and its data files must be enabled.

WEST AUSTRALIAN OPERA CYBER GUIDELINES

4.5 All email attachments must be scanned. All documents imported into the computer system must be scanned.

4.6 IT providers keep a record of all software installed including antivirus and anti-malware software

4.7 Where possible, sensitive data should not be removed from the organisation’s premises without specific authorisation.

4.8 Users shall not download unauthorised software from the internet onto their PCs or workstations.

4.9 Users must use extreme caution when opening email attachments received from unknown senders; these may contain viruses, malwar e or Trojan horse code.

4.10 Users who believe their terminal or computer systems have been subjected to a security incident, or has otherwise been improperly accessed or used, should report the situation to IT immediately. The user shall not turn off the computer or delete suspicious files.

4.11 Users must not breach security or disrupt network communication on the organisation’s systems or elsewhere. Security breaches include accessing data of which the user is not an intended recipient or logging into a server or account that the user is not expressly authorised to access, unless these duties are within the scope of regular duties. "Disruption" includes network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.

4.12 Users shall not attach unauthorised devices to their computers unless they have received specific authorisation to do so.

4.13 Only authorised devices may be connected to the organisation’s network(s). Authorised devices include PCs and workstations owned by company and compliant with the configuration guidelines of the company. Authorised devices also include network infrastructure devices used for network management and monitoring.

4.14 Users shall not attach to the network non-company computers that are not authorised, owned or controlled by company.

4.15 Users shall not attach to the network any unauthorised storage devices; e.g. thumb drives, writable CDs

5 BREACH

Breach of this policy by any employee may result in disciplinary action, up to and including dismissal.

6 DEACTIVATING ACCESS

Employee log-on IDs and passwords will be deactivated as soon as possible if the employee is terminated, fired, suspended, placed on leave, or otherwise leaves the employment of the organisation.

7 IT PROVIDERS

Please refer to Square Alpha with any security issues