Kenyans in Queensland (KIQ) Welfare Fund Policy
- Josphat Kimani
- Jan 23
- 26 min read
Updated: Jan 28
Date of Effect: [Insert Date] Review Date: [Insert Date] Version: 2.0
Table of Contents
Introduction & Principles
Fund Purpose & Legal Status
Definitions
Eligibility Criteria
Membership & Contributions
Scope of Support (Benefits)
Disbursement Process & Discretion
Governance & Conflict of Interest
Privacy & Confidentiality
Dispute Resolution
Termination & Refund Policy
Policy Review & Amendments
Contact Information
1. Introduction & Principles
1.1 Establishment & Purpose
The KIQ Welfare Fund (hereinafter "the Fund") is established to provide structured, discretionary financial support to members of the Kenyan community residing in Queensland, Australia, during times of significant personal hardship.
This Policy outlines the governance, eligibility, and operational framework of the Fund. It embodies the Kenyan national principle of Harambee—meaning "all pull together"—fostering a culturally rooted safety net where the community collectively shares the burden of individual loss.
1.2 Donation-Based Model (Mutual Aid)
The Fund operates strictly on a Donation-Based Mutual Aid Model.
Voluntary Benevolence: Contributions made to the Fund are legally classified as voluntary donations or gifts for the benefit of the community pool. They are not fees for service, insurance premiums, or investment deposits.
No Commercial Obligation: By contributing, a member is participating in a communal act of charity. The payment of a donation does not purchase a product or guarantee a specific financial return.
Collective Ownership: The Fund belongs to the community as a whole, held in trust by the Association. It exists to serve the collective good, prioritizing those in most urgent need over individual entitlement.
1.3 Guiding Principles
The administration of the Fund is guided by three core values:
Discretion: All assistance is granted ex gratia (by favour), based on the compassionate assessment of the Committee, not by rigid contractual obligation.
Sustainability: Decisions must always balance the immediate needs of an applicant with the long-term solvency of the Fund for future generations.
Integrity: The Fund relies on the honesty of its members. Fraud or exploitation of this collective generosity is a violation of the community's trust.
2. Fund Purpose & Legal Status
2.1 Purpose of the Fund
The KIQ Welfare Fund (“the Fund”) is established to provide discretionary benevolent relief to eligible subscribers who experience sudden, defined, and verifiable circumstances of hardship. The Fund embodies the spirit of Harambee (mutual assistance) and is intended to offer temporary, short-term financial aid, not long-term income support or indemnity.
Assistance under this Fund is strictly limited to the following categories:
a) Critical Medical Emergencies The Committee may consider granting support where a subscribed member (or their immediate family member) experiences an acute, life-threatening, or critical medical condition requiring urgent intervention.
Inclusions: Severe trauma/accident, emergency surgery, acute critical illness (e.g., stroke, cardiac arrest), and admission to Intensive Care.
Exclusions: The Fund does not cover:
Elective or cosmetic surgery.
Routine medical check-ups, dental, or optical care.
Ongoing management of chronic conditions (e.g., regular dialysis, diabetes medication).
Maternity costs (unless emergency complications arise).
b) Bereavement – Loss of an Immediate Family Member The Fund may provide compassionate financial relief to a subscribed member following the death of an Immediate Family member (as defined in Section 3).
Purpose: To assist the member with immediate costs such as funeral arrangements, repatriation of remains, or travel expenses.
Scope: This applies regardless of whether the death occurs in Australia or Kenya, subject to verification of the relationship and the event.
c) Bereavement – Loss of a Subscribed Fund Member In the event of the death of a subscribed Welfare Fund member, the Fund may provide a Condolence Payment to the deceased member’s nominated beneficiary or Next of Kin.
Purpose: To support the surviving family and acknowledge the member's contribution to the community.
d) Temporary Subsistence Support (Living Expenses) The Fund may provide basic living assistance (e.g., food vouchers, rent assistance) to members—specifically international students and casual workers—who are medically unfit to work and ineligible for Australian Government income support.
Purpose: To ensure food security and housing stability during a short-term health crisis.
e) Scope Limitations For the avoidance of doubt, the Fund is not constituted to provide:
Loans, credit, or advances on future benefits.
Income protection or salary replacement (except as defined in 2.1(d)).
Legal fees, fines, or bail money.
Business losses or debts.
2.2 Legal Status of the Fund
a) Organisational Status The Fund operates as a Restricted Internal Fund of Kenyans in Queensland Inc. (KIQ).
KIQ is an incorporated association registered under the Associations Incorporation Act 1981 (Qld).
The Fund is not a separate legal entity from KIQ. It is a segregated pool of assets administered under the governance framework of the Association.
b) Discretionary Mutual Aid (Donation-Based Model) The Fund is a discretionary mutual aid arrangement funded entirely by voluntary donations. It is not a contract of insurance and is not regulated by the Australian Prudential Regulation Authority (APRA) under the Insurance Act 1973 (Cth).
Strictly Non-Contractual:
Donation Nature: Contributions are voluntary gifts to the community pool, not premiums paid for a service.
No Entitlement: Payment of subscriptions does not create a contractual right or legal entitlement to receive a benefit.
Ex Gratia Nature: All benefits are paid ex gratia (by favour/at discretion). The Committee has the absolute discretion to accept, reject, or reduce a claim based on the Fund’s financial solvency and the merit of the application.
Member Acknowledgement: By subscribing to the Fund, members acknowledge that they are participating in a philanthropic community support pool, not purchasing an insurance policy.
c) Tax Status (Non-Deductible)
Not a DGR: The Fund does not hold Deductible Gift Recipient (DGR) status with the Australian Taxation Office (ATO).
No Tax Deduction: Contributions made to the Fund are considered private expenses and are not tax-deductible for the member.
Tax Treatment of Benefits: Under current Australian tax law, discretionary disaster or emergency relief payments are generally not treated as taxable income for the recipient, provided they are not regular payments relied upon for daily living. Members are advised to seek their own independent tax advice.
d) Supremacy of Constitution This Policy acts as a By-Law of Kenyans in Queensland Inc.
In the event of any inconsistency between this Policy and the KIQ Constitution, the Constitution shall prevail to the extent of the inconsistency.
The KIQ Executive Board retains the ultimate authority to interpret this Policy in a manner consistent with the Association’s objectives and Queensland law.
3. Definitions
3.1 Medical Emergency
A "Medical Emergency" is strictly defined as an acute, unexpected, and volatile health condition requiring immediate professional medical intervention to prevent serious permanent harm, disability, or death.
3.1.1 Qualifying Events: The Committee may consider applications for:
Trauma: Severe physical injuries resulting from accidents, violence, or falls (e.g., compound fractures, severe burns, internal bleeding).
Critical Acute Illness: Sudden, life-threatening conditions such as heart attack (Myocardial Infarction), stroke (CVA), organ failure, or diabetic coma.
Emergency Surgery: Surgical procedures that cannot be delayed more than 24 hours without significant risk to life.
ICU Admission: Any condition requiring admission to an Intensive Care Unit (ICU) or Coronary Care Unit (CCU) for life support or continuous monitoring.
Acute Mental Health Crisis: A severe psychiatric episode requiring involuntary admission or immediate inpatient hospitalisation to prevent self-harm or harm to others.
3.1.2 Explicit Exclusions: The Fund generally does not cover:
Elective or cosmetic surgeries (e.g., plastic surgery, non-emergency dental).
Routine management of chronic conditions (e.g., regular dialysis, medication refills, check-ups).
Maternity/Childbirth (unless emergency complications arise, e.g., pre-eclampsia or emergency C-section due to distress).
Conditions where the member is on a waiting list for public health treatment but chooses private treatment for speed.
3.2 Loss of Immediate Family Member
For the purposes of this Policy, "Immediate Family" is strictly limited to the following persons related to the subscribed member:
Spouse / Partner:
A legally married spouse; or
A De Facto partner as defined under the Acts Interpretation Act 1954 (Qld) (i.e., a couple living together on a genuine domestic basis for at least 2 years).
Children:
Biological children.
Legally adopted children.
Step-children who reside with the member.
Children for whom the member holds permanent legal guardianship.
Parents:
Biological mother or father.
Legally adoptive parents.
Note: This definition strictly excludes parents-in-law, grandparents, aunts/uncles, or foster parents unless legal adoption occurred.
Siblings:
Biological brothers or sisters (sharing at least one biological parent).
Legally adoptive siblings.
3.3 Loss of a Member
Refers to the death of an individual who meets the "Active Member Status" at the exact time of passing.
Active Status Definition: The deceased must have:
Been a registered member of KIQ;
Been fully paid up on Welfare Fund contributions (no arrears > 30 days); and
Completed the mandatory four (4) month waiting period prior to death.
Note: Lapsed or suspended members are not eligible for this benefit.
3.4 Temporary Subsistence Support (Living Expenses)
3.4.1 Objective & Target Demographic This benefit is strictly designed to provide financial security to members who are precariously employed. It recognises that many members (particularly International Students and Casual Workers) do not have access to:
Paid Personal/Carer's Leave (Sick Leave); or
Australian Government safety nets (e.g., Centrelink, JobSeeker, Disability Support Pension).
The primary objective is to assist with essential non-medical living costs when a member loses their primary income source due to a verified illness or injury.
3.4.2 Allowable Use of Funds Funds granted under this section are intended to strictly cover:
Housing Security: Rent or mortgage interest payments to prevent eviction or foreclosure.
Nutrition & Groceries: Essential food and household supplies.
Utilities: Essential services including electricity, gas, water, and internet/phone.
Transport: Costs associated with attending medical appointments or rehabilitation.
3.4.3 Eligibility Criteria To be eligible for this support, the applicant must demonstrate:
Medical Incapacity: A medical certificate confirming the member is unfit for work for a continuous period of at least fourteen (14) days.
Loss of Income: Evidence that the member has not received income during this period (e.g., Roster removal, zero-hours payslip, letter from employer).
"Gap" Status: The member must attest that they are ineligible for other forms of income support. Priority is explicitly given to Temporary Visa holders and Casual employees.
3.4.4 Benefit Limit & Disbursement
Maximum Value: Up to AUD $5,000 per episode.
Discretionary Assessment: The specific amount awarded is based on the member's proven fixed costs (e.g., proof of rent amount) and family size.
Method of Payment: To ensure funds are used for subsistence, the Committee reserves the right to:
Pay third parties directly (e.g., direct payment to the Real Estate Agent or Utility Provider); or
Disburse funds in installments (e.g., fortnightly) over the period of recovery, rather than a single lump sum.
3.4.5 Explicit Exclusions Assistance will not be granted if the member is receiving:
Paid Leave: The member has access to accumulated Sick Leave or Annual Leave.
Government Support: The member is receiving Centrelink payments (JobSeeker, Austudy, Parenting Payment).
Compensation Schemes: The injury is covered by WorkCover (Workers Compensation) or TAC (Transport Accident Commission).
4. Eligibility Criteria
To be considered for support, an applicant must strictly meet all the following conditions at the time the incident occurred.
4.1 Membership & Residency
4.1.1 Registration: The applicant must be a registered member of Kenyans in Queensland (KIQ).
4.1.2 Nationality/Descent: The applicant must be a Kenyan national, a dual citizen, or of Kenyan descent.
4.1.3 Primary Residence: The applicant must be currently residing in Queensland, Australia as their primary place of residence.
Temporary Absence: Eligibility is maintained during temporary travel outside Queensland (e.g., holidays or business trips) for a period not exceeding six (6) months.
Permanent Relocation: Members who permanently relocate outside of Queensland cease to be eligible for benefits immediately upon relocation.
4.1.4 Age: The principal member must be at least 18 years of age.
4.2 Qualifying Waiting Period
4.2.1 Duration: The applicant must have been a subscribed contributor to the Welfare Fund for a minimum continuous period of four (4) months prior to the date of the incident.
4.2.2 No Retrospective Coverage: Events that occur within the first four (4) months of membership (The Waiting Period) are not covered, regardless of the severity.
4.2.3 Lapsed Members: If a member cancels their subscription or is terminated for non-payment and subsequently rejoins, they are treated as a new member and must serve a fresh four (4) month waiting period.
4.3 Financial Status & Contributions
4.3.1 Subscription Fee: Members must maintain an active monthly subscription of AUD $30.00.
Allocation:
AUD $20.00 is strictly allocated to the KIQ Welfare Fund (for member disbursements and reserves).
AUD $10.00 is allocated to KIQ Membership (to support administration, governance costs, IT systems, and community programs).
4.3.2 "Active" Status: Eligibility for welfare benefits is strictly conditional upon the subscription being fully paid and up to date at the time of the incident.
4.3.3 Arrears & Suspension:
Grace Period: A grace period of fourteen (60) days is allowed from the due date.
Suspension: If payment is not received by the 61st day overdue, eligibility is automatically suspended.
"Incident Date" Rule: A member cannot pay arrears after an incident has occurred to retrospectively qualify for benefits. If the member was in arrears on the date of the medical emergency or death, the claim will be declined.
4.4 Family Units & Dual Claims
4.4.1 Dependent Coverage: A subscribed member covers their dependent children (under 18) automatically. Spouses/Partners must subscribe independently to be covered as "Primary Members," though they are covered as "Immediate Family" for bereavement benefits.
4.4.2 Single Event Limit (The "Double Dipping" Rule):
In households where both spouses are subscribed members (e.g., Husband and Wife), and a claimable event occurs affecting a mutual dependent (e.g., the passing of their child):
The Fund will pay the benefit to the family unit once per event.
Example: If a child passes away, the family receives one bereavement payment of $5,000, not two separate payments of $5,000 to each parent.
4.5 Truthfulness & Good Faith
4.5.1 Disclosure: All information provided during registration and claims must be true and accurate.
4.5.2 Fraud: Any attempt to falsify residency, medical dates, or relationship status will result in:
Immediate rejection of the claim;
Permanent expulsion from the Fund; and
Potential referral to Queensland authorities for fraud.
5. Membership & Contributions
5.1 Contribution Structure
To ensure the sustainability of both the Welfare Fund and the Association’s operations, members agree to a total monthly contribution of AUD $30.00, allocated strictly as follows:
AUD $20.00 (Welfare Component): Deposited directly into the restricted KIQ Welfare Fund. These monies are ring-fenced strictly for member disbursements (claims) and accumulating prudent reserves.
AUD $10.00 (Association Component): Allocated to KIQ General Revenue to fund operational costs, including governance, compliance, IT systems, and community programs.
Nature of Payment: Members acknowledge that these payments are voluntary mutual contributions to a community pool. They are not insurance premiums and do not guarantee indemnity against all loss.
5.2 Payment Methods
Automation: To minimize administrative burden and risk of accidental arrears, payments must be made via Direct Debit or Recurring Card Payment through the official KIQ platform
Manual Payments: Cash payments are strictly prohibited to ensure audit trails. Manual bank transfers are discouraged and may be subject to processing delays.
5.3 The Arrears Lifecycle (Non-Payment Protocol)
To protect the financial integrity of the Fund, the following timeline applies to non-payment:
Stage 1: Grace Period (Days 1–14)
A grace period of fourteen (14) days applies from the due date.
Status: Active. The member is still eligible to claim benefits during this window.
Stage 2: Suspension (Two Months Arrears)
If contributions remain unpaid for two (2) consecutive months:
Status: Suspended.
Consequence: The member is ineligible to claim any benefits. If an incident occurs while Suspended, no assistance will be granted, even if the member subsequently pays the arrears.
Remedy: Eligibility is restored immediately upon full payment of all arrears.
Stage 3: Lapse & Termination (Three Months Arrears)
If contributions remain unpaid for more than three (3) consecutive months:
Status: Lapsed / Terminated.
Consequence: The membership is cancelled. The member loses all accrued tenure and "loyalty" status.
5.4 Reinstatement vs. Rejoining
It is critical to distinguish between paying arrears and rejoining:
Reinstatement (Within 3 Months): A Suspended member who clears their debt before the 3-month mark is reinstated with continuous tenure. No new waiting period applies.
Rejoining (After 3 Months): A Lapsed member who wishes to return must rejoin as a New Member.
They must restart the Four (4) Month Qualifying Period.
Previous contributions are not recognized or credited.
5.5 Refund Policy
Strictly Non-Refundable: As the Fund operates on a mutual aid basis where contributions are immediately available to assist other members in need, all contributions are non-refundable.
No Pro-Rata: Refunds will not be issued upon voluntary cancellation, expulsion, or death of the member.
6. Scope of Support (Benefits)
Support is strictly limited to the events defined below. All amounts listed represent the maximum potential disbursement. Actual payout amounts are subject to the absolute discretion of the Committee, the specific financial needs of the applicant, and the current solvency of the Fund.
6.1 Medical Emergencies
Scope: Financial assistance to offset significant out-of-pocket expenses related to a life-threatening or critical medical emergency (as defined in Section 3.1).
Allowable Costs: Gap fees for surgery, specialist fees, ICU costs, or emergency medical evacuation.
Maximum Support: Up to AUD $5,000 per incident.
6.2 Bereavement (Immediate Family)
Scope: Financial aid to assist with costs following the death of an Immediate Family member (Spouse, Child, Parent, or Sibling as defined in Section 3.2).
Allowable Costs: Funeral director fees, repatriation of remains to Kenya, or urgent travel costs for the member to attend the funeral.
Maximum Support: Up to AUD $5,000 per incident.
6.3 Bereavement (Member)
Scope: A "Condolence Payment" or funeral assistance grant paid to the nominated Next of Kin following the death of a subscribed KIQ Welfare Fund member.
Maximum Support: Up to AUD $5,000.
6.4 Temporary Subsistence Support (Living Expenses)
Scope: Support for essential living costs (Rent, Food, Utilities) for members—particularly students and casual workers—who are medically unfit to work and ineligible for government safety nets (as defined in Section 3.4).
Maximum Support: Up to AUD $5,000 per episode.
Note: This benefit may be disbursed in tranches (e.g., monthly installments) rather than a lump sum to ensure ongoing support.
6.5 Method of Disbursement (Direct Payment)
To ensure funds are utilised for their intended benevolent purpose, the Committee reserves the right to pay third-party service providers directly, rather than depositing funds into the member's personal bank account.
Example: Paying the Funeral Home invoice directly or transferring rent directly to a Real Estate Agency.
6.6 Aggregate Annual Limits
To ensure the Fund remains sustainable for all members, the following caps apply to every subscriber:
Frequency Cap: A member is limited to a maximum of two (2) approved disbursements in any rolling twelve (12) month period.
Financial Cap: The total aggregate assistance provided to any single membership unit shall not exceed AUD $10,000 in any twelve (12) month period, regardless of the number or type of incidents.
7. Disbursement Process, Verification & Discretion
The disbursement of funds is a rigorous process designed to ensure responsiveness to genuine emergencies while protecting the Fund’s financial viability and preventing fraud.
7.1 The Application Procedure
To initiate a claim, the member (or their nominated representative if the member is incapacitated) must adhere to the following protocol:
a) Step 1: Formal Submission
Applications must be submitted using the prescribed "KIQ Welfare Fund Application Form" and lodged with the Welfare Fund Secretary.
Timeframe: Applications must be submitted within thirty (30) days of the incident. Late applications may be rejected at the Committee’s discretion unless exceptional circumstances (e.g., ICU admission) prevented earlier submission.
b) Step 2: Mandatory Evidence An application is deemed "incomplete" until all required certified documentation is provided.
Medical Claims: A detailed Medical Report, Hospital Admission Statement, or Specialist Letter confirming the diagnosis, date of onset, and treatment required. General Practitioner certificates stating only "unfit for work" without a diagnosis are insufficient.
Bereavement Claims: An official Death Certificate (issued by the Australian or Kenyan Government) or a Burial Permit.
Relationship Proof: Documents verifying the link between the member and the deceased (e.g., Birth Certificate, Marriage Certificate).
Police Report: Required for incidents involving road accidents, violence, or criminal acts.
7.2 Verification Protocol
The Committee owes a fiduciary duty to the membership to ensure all claims are genuine.
Authority to Verify: By submitting an application, the member explicitly authorises the Committee to contact third parties (including medical practitioners, funeral directors, and police) to verify the authenticity of the documents and the facts of the claim.
Fraud Check: The Welfare Officer shall cross-reference the claim against the member’s history and the specific exclusions detailed in Section 3.
7.3 Assessment Principles & Solvency
All disbursements are subject to the following strict assessment criteria:
a) The Solvency Test Before approving any disbursement, the Treasurer must confirm that the payout will not reduce the Fund's cash reserves below the designated Minimum Reserve Threshold.
If the Fund’s liquidity is low, the Committee reserves the right to:
Reduce the payout amount;
Defer payment to be made in installments; or
Decline the claim to preserve the Fund’s solvency.
b) No Contractual Entitlement To ensure compliance with the Insurance Act 1973 (Cth), the member acknowledges that:
Contributions are voluntary mutual aid payments, not insurance premiums.
The Committee’s decision to grant or deny aid is discretionary and final (subject to Section 10: Dispute Resolution).
Payment of contributions does not create a legal debt owed by KIQ to the member.
7.4 Method of Payment (Vendor Priority)
To ensure funds are utilised strictly for the intended benevolent purpose, the Fund operates a "Vendor Priority" policy.
a) Priority 1: Direct Third-Party Payment Where feasible, the Fund shall pay service providers directly rather than the member.
Examples: Direct transfer to a Funeral Home, Repatriation Service, Real Estate Agent (for rent arrears), or Hospital billing department.
b) Priority 2: Member Electronic Transfer If direct third-party payment is not feasible, funds will be transferred electronically to the member’s nominated Australian Bank Account.
No International Transfers: The Fund will not execute international transfers (e.g., to Kenyan banks or M-Pesa). The member assumes responsibility for any subsequent remittance to Kenya.
c) Strict Prohibitions
No Cash: Under no circumstances shall cash be withdrawn or handed to a member.
Acquittal: The Committee may request receipts or proof of usage within 30 days of disbursement. Failure to provide acquittal may prejudice future claims.
7.5 Processing Timelines
The Committee will endeavor to process claims with urgency suited to the emergency.
Standard Review: Decisions will generally be communicated within seven (7) business days of receiving a complete application.
Urgent Cases: For life-critical medical situations or immediate funeral needs, the Committee will strive to convene an emergency meeting within 48 hours.
7.6 Recovery of Funds (Clawback)
KIQ reserves the right to recover disbursed funds via legal action or debt collection if:
It is subsequently discovered that the claim was fraudulent or based on falsified documents; or
The member receives full compensation for the same expenses from a third-party insurer (e.g., WorkCover, TAC, or Travel Insurance), constituting "Double Dipping."
8. Governance & Conflict of Interest
8.1 The KIQ Welfare Fund Committee (WFC)
The Fund shall be administered by a dedicated sub-committee known as the Welfare Fund Committee (WFC). The WFC operates under the delegated authority of the KIQ Executive Board but maintains operational independence regarding case assessments to ensure confidentiality and impartiality.
8.1.1 Composition and Diversity To ensure fair representation of the diverse Kenyan community in Queensland, the WFC shall consist of five (5) to seven (7) voting members. The composition must adhere to the following diversity mandates:
Gender Balance: The Committee must include at least two (2) members identifying as female and two (2) identifying as male to ensure gender-sensitive handling of medical/bereavement issues.
Generational Representation: To foster intergenerational equity, the Committee must include:
At least one (1) "Youth Representative" (aged 18–35).
At least one (1) "Senior Representative" (aged 50+).
8.1.2 Tenure & Voluntary Service
Term Limit: Committee members shall serve a term of two (2) years, eligible for re-election for a maximum of two (2) consecutive terms.
Voluntary Role: All Committee positions are voluntary and unpaid. No sitting fees or wages are permitted, though reasonable out-of-pocket expenses (e.g., parking at hospital visits) may be reimbursed subject to pre-approval.
Casual Vacancies: In the event of a resignation mid-term, the KIQ Executive Board may appoint an interim member to fill the vacancy until the next Annual General Meeting (AGM).
8.2 The Fund Patron (Oversight Role)
To ensure community trust, moral integrity, and cultural adherence, the Fund shall appoint a Fund Patron.
Selection: The Patron shall be a highly respected member of the Kenyan community in Queensland (e.g., an Elder, community pioneer, or distinguished professional) appointed by the KIQ Executive Board.
Tenure: The Patron serves a three (3) year term, independent of the Committee cycle, to ensure continuity.
Role: The Patron serves in a non-executive, advisory capacity. They do not vote on day-to-day claims but act as the "Moral Guardian" of the Fund.
Responsibilities:
Dispute Resolution: Acting as the final internal mediator for complex disputes or appeals (as per Section 10).
Cultural Guidance: Advising the Committee on culturally sensitive matters regarding funerals and family protocols.
Oversight: Reviewing the Annual Report to certify the Fund has adhered to the spirit of Harambee.
8.3 Committee Roles & Responsibilities
The WFC shall be comprised of the following specific roles:
1. The Chairperson
Profile: A senior professional with experience in governance, management, or law.
Responsibilities:
Chairs meetings and sets the agenda.
Acts as the primary liaison with the KIQ Executive Board.
Holds the casting vote in the event of a tie.
Signs off on final disbursement approvals (Primary Signatory).
2. The Fund Treasurer
Profile: Must possess financial literacy, accounting, or bookkeeping experience.
Responsibilities:
Reconciles the dedicated Welfare Fund Bank Account monthly.
Ensures the $20.00 Welfare portion is correctly segregated from General Revenue.
Prepares monthly solvency reports and the Annual Financial Report.
Executes bank transfers to beneficiaries (Secondary Signatory).
3. The Secretary & Privacy Officer
Profile: Organized, detail-oriented, and tech-savvy.
Responsibilities:
Maintains accurate minutes of all decisions (crucial for legal audits and insurance compliance).
Acts as the Privacy Officer, ensuring all medical proofs and death certificates are stored securely in compliance with the Privacy Act 1988 (Cth).
Manages the "Application Registry" and tracks the "Two Claims Per Year" limit.
4. Welfare Officers (2 Roles - Male & Female)
Profile: Community-oriented individuals with high emotional intelligence and empathy.
Responsibilities:
Vetting: Acting as the "boots on the ground" to verify claims (e.g., visiting the hospital, confirming details with the Next of Kin).
Liaison: Providing a culturally safe point of contact. For example, a female member may prefer discussing a sensitive medical emergency with the Female Welfare Officer.
5. Youth Representative (General Member)
Profile: A member aged 18–35.
Responsibilities: Ensures the perspectives of younger members (students, young professionals) are considered in policy updates and digital engagement.
8.4 Operational Governance
Frequency: The Committee shall meet quarterly for policy review.
Emergency Meetings: Ad hoc meetings must be convened (virtually or in-person) within 48 hours of receiving an urgent application.
Quorum: A minimum of three (3) committee members, including the Chair (or their delegate), is required to make a binding decision.
Circular Resolution: For urgent cases, decisions may be made via "Circular Resolution" (e.g., secure email or voting platform), provided all members are notified and the decision is ratified in the minutes of the next formal meeting.
b) Dual Authorization
Bank Controls: All financial disbursements from the Fund bank account require two (2) authorised signatories (typically the Treasurer and Chairperson). Single-signatory payments are strictly prohibited.
c) Confidentiality Agreement
NDA: Upon appointment, all Committee members must sign a Non-Disclosure Agreement (NDA). Breaching member confidentiality is grounds for immediate dismissal from the Committee.
8.5 Audit, Transparency & Indemnity
a) Segregation of Funds
Fund monies must be held in a dedicated sub-account or clearly restricted ledger within the KIQ accounts.
Restriction: Welfare Funds cannot be used for general KIQ administration, events, parties, or venue hire. They are exclusively for benevolent relief.
b) Annual Reporting
The Fund Treasurer must present a specific "Welfare Fund Solvency Report" at the KIQ AGM, detailing:
Total contributions received vs. Total disbursements.
Number of members assisted (anonymised).
Current reserve balance.
Privacy Note: Specific names of beneficiaries must not be published in the public report.
c) Indemnity
To the extent permitted by law, Committee members are indemnified by the Association against any liability incurred in good faith while performing their duties. This indemnity does not extend to acts of fraud, dishonesty, or criminal negligence.
8.6 Conflict of Interest
a) Mandatory Declaration
At the start of reviewing any application, Committee members must declare any "Material Personal Interest."
Definition: A Material Personal Interest includes being a close relative (cousin or closer), business partner, employee, or housemate of the applicant.
b) Recusal Protocol
A member with a conflict must recuse themselves (leave the room or disconnect from the call) while the specific application is discussed and voted upon.
Recording: The recusal must be permanently recorded in the meeting minutes (e.g., "Mr. Kamau declared a conflict regarding Application #045 and recused himself from the vote"). This is a strict requirement under the Associations Incorporation Act 1981 (Qld).
9. Privacy & Confidentiality
Kenyans in Queensland (KIQ) is committed to protecting the privacy and dignity of its members. We recognise that to administer the Welfare Fund, we must collect "Sensitive Information" (including health and family data). We handle this data with the highest standard of care in accordance with the Privacy Act 1988 (Cth).
9.1 Collection of Sensitive Information
Consent: By applying for assistance, the member (or their authorised representative) provides express consent for the Committee to collect and hold "Sensitive Information," which may include medical reports, death certificates, and financial details.
Minimisation: The Committee shall only collect information that is strictly necessary to assess the eligibility of a claim. Unnecessary intrusive details will not be recorded.
9.2 Purpose of Use
Personal and medical data collected will be used solely for the following purposes:
Verifying the identity and financial status of the applicant.
Assessing eligibility against the criteria outlined in this Policy.
Processing financial disbursements to the correct beneficiary.
Complying with legal audit and reporting obligations (e.g., to the Office of Fair Trading).
9.3 Confidentiality & Disclosure
Strict Confidence: The details of a member’s medical condition, cause of death, or family financial situation are treated as Strictly Confidential.
Limited Disclosure: Information will only be disclosed to:
The Welfare Fund Committee: For the purpose of voting on the claim.
The KIQ Treasurer: For the purpose of processing payments.
Third Parties (Verification): Only to the extent necessary to verify a document (e.g., confirming a funeral invoice with a Funeral Director).
No Public Broadcasting: The Committee shall not publish, announce, or broadcast the specific details of a member’s illness or hardship to the general KIQ membership or on social media without the express written consent of the member or their Next of Kin.
General Reporting: Reporting to the AGM will be anonymised (e.g., "The Fund assisted 3 members with medical emergencies"), ensuring individuals cannot be identified.
9.4 Data Security & Storage
Digital Security: All digital records (application forms, medical scans) must be stored in a secure, password-protected environment (e.g., a restricted folder in the KIQ Google Workspace/Cloud) accessible only by current Committee members.
Physical Security: Any hard-copy documents must be kept in a locked filing system by the Secretary.
Access Control: Former Committee members must have their access rights revoked immediately upon the conclusion of their tenure.
9.5 Data Retention & Destruction
Retention Period: Financial and legal records (including approved applications and proof of payment) must be retained for a statutory period of seven (7) years for audit and tax purposes.
Destruction: After the retention period expires, sensitive medical documents shall be securely destroyed (e.g., shredded or permanently deleted).
9.6 Member Access & Correction
Right to Access: Under the Privacy Act, a member has the right to request access to the personal information the Fund holds about them.
Correction: If a member believes their information is inaccurate, out of date, or incomplete, they may request a correction. The Secretary must action this request within 30 days.
9.7 Data Breach Protocol
In the unlikely event of a data breach (e.g., unauthorised access to the medical registry), the Committee will:
Immediately act to contain the breach.
Notify the affected individuals as soon as practicable.
Assess whether the breach requires reporting to the Office of the Australian Information Commissioner (OAIC).
10. Dispute Resolution
KIQ is committed to resolving disputes fairly, efficiently, and consistent with the principles of natural justice. This procedure applies to any dispute between a member and the Welfare Fund Committee (WFC) regarding eligibility, benefit denial, or membership termination.
10.1 Principles of Resolution
Natural Justice (Procedural Fairness): All parties must be given a fair opportunity to present their case, be heard, and have decisions made by an unbiased decision-maker.
Confidentiality: All grievance proceedings, documents, and discussions shall be kept strictly confidential to protect the privacy of the member and the integrity of the Association
Timeliness: Both parties agree to act promptly to resolve the dispute to minimize distress. Deadlines outlined in this policy are strict unless an extension is mutually agreed upon in writing.
10.2 Stage 1: Informal Resolution (The "Clarification" Phase)
Before lodging a formal grievance, members are encouraged to seek immediate clarification to resolve potential misunderstandings.
Contact: The member should contact the Welfare Fund Secretary or a Welfare Officer verbally or via email.
Explanation: The Officer must provide a clear explanation of why the specific decision was made, referencing the specific clause of this Policy (e.g., "The claim was declined under Section 4.2 because the waiting period has not been served").
Rectification: This stage allows the member to rectify simple errors (e.g., submitting missing documents) without formal escalation.
10.3 Stage 2: Formal Grievance (Internal Review)
If the matter is not resolved informally, the member may initiate a formal review.
Submission: The member must submit a written "Notice of Grievance" to the KIQ Secretary within fourteen (14) days of receiving the original decision.
The Notice must clearly state the grounds for the dispute and include any new supporting evidence not previously reviewed.
Review Panel: The KIQ Executive Board shall convene a Review Panel.
Conflict of Interest Check: Any member of the Executive Board who also sits on the Welfare Fund Committee must recuse themselves from the Review Panel to ensure the review is independent.
Determination: The Review Panel will assess the grievance solely against this Policy and the evidence provided.
Outcome: The KIQ Secretary must issue a written response to the member within fourteen (14) days of receiving the Formal Grievance. The response must uphold, reverse, or modify the original decision and provide written reasons for the outcome.
10.4 Stage 3: Mediation by the Patron (Cultural Mediation)
If the member is dissatisfied with the Stage 2 outcome, they may request a referral to the Fund Patron.
Referral: The request must be made in writing within seven (7) days of receiving the Stage 2 decision.
Role of Patron: The Patron acts as a neutral internal mediator. They do not have the power to override the Constitution but serve to facilitate a discussion between the Member and the Executive Board to find a mutually acceptable solution consistent with the spirit of Harambee.
Outcome: If a resolution is reached, it shall be documented in a Deed of Settlement signed by both parties. This agreement is final and binding.
10.5 Stage 4: External Mediation
If the dispute remains unresolved after Stage 3, and provided the member has exhausted all internal procedures:
Referral: The parties may agree to refer the dispute to a Dispute Resolution Centre (DRC) approved by the Queensland Government (Department of Justice and Attorney-General).
Private Mediation: Alternatively, the parties may agree to appoint a private independent mediator. Unless otherwise agreed, the costs of private mediation shall be shared equally between the Member and KIQ.
Legal Proceedings: Participation in external mediation is a necessary step before any legal proceedings can be commenced against the Association.
10.6 Preservation of Rights
Nothing in this policy prevents a member from seeking advice from the Office of Fair Trading (Queensland) regarding the governance of the Association, provided the issue relates to a breach of the Incorporated Association’s Model Rules or the Associations Incorporation Act 1981.
11. Termination & Refund Policy
11.1 Voluntary Cancellation by Member
A member may voluntarily terminate their subscription to the Fund at any time.
Notice: Cancellation must be requested by submitting the "Membership Cancellation Form" or via written notice (email) to the Secretary.
Effective Date: Cancellation becomes effective from the end of the current billing month.
Forfeiture of Tenure: Upon cancellation, the member loses all accrued "Loyalty Tenure." If the individual wishes to rejoin the Fund at a later date, they will be treated as a New Member and must serve a fresh Four (4) Month Qualifying Period.
11.2 No Refund Policy
The Fund operates on a Mutual Aid Model, where contributions are pooled and immediately available to assist members currently in crisis.
Irrevocable Contributions: All contributions made to the Fund are non-refundable and irrevocable.
No Entitlement: A member has no claim to "withdraw" their contributions upon cancellation, expulsion, or death.
Advance Payments: If a member has paid subscriptions in advance (e.g., paid for a full year upfront), the unused portion may be refunded at the Committee's discretion strictly upon voluntary cancellation, but not in cases of expulsion for misconduct.
11.3 Involuntary Termination (Removal of Member)
The Welfare Fund Committee reserves the right to terminate a member’s participation in the Fund for any of the following reasons:
Non-Payment: Failure to pay subscriptions for three (3) consecutive months (Lapsed Membership).
Fraud: Proven falsification of documents, providing misleading information during registration, or attempting to claim benefits for ineligible persons.
Harassment: Abusive, threatening, or harassing behavior towards Committee members, Volunteers, or other Association members.
Prejudicial Conduct: Actions deemed detrimental to the reputation, interests, or legal standing of Kenyans in Queensland (KIQ).
Loss of Eligibility: The member no longer meets the residency criteria (see Section 11.5).
11.4 Disciplinary Procedure (Natural Justice)
Except in cases of automatic termination for Non-Payment (Section 5), a member facing expulsion for misconduct (Fraud, Harassment, Prejudicial Conduct) is entitled to Procedural Fairness.
Notice: The Secretary must provide the member with a "Notice of Intention to Terminate," detailing the specific allegations.
Right of Reply: The member has seven (7) days to provide a written response or explanation to the Executive Board.
Final Decision: The Executive Board will review the response before making a final determination. The Board’s decision is final and binding.
11.5 Permanent Departure from Australia
Residency Requirement: Eligibility for the Fund is strictly tied to residence in Queensland/Australia (as per Section 4).
Termination: If a member permanently relocates to Kenya or another country, their membership in the Fund is automatically terminated.
Notification: Members are obligated to notify the Secretary if they are permanently leaving the country.
Exception: Temporary travel (holidays/business) up to six (6) months does not constitute permanent departure, provided subscriptions are maintained.12. Policy Review & Amendments
12. Policy Review & Amendments
To ensure the Fund remains financially sustainable and responsive to the changing needs of the community, this Policy shall be subject to regular review.
12.1 Frequency of Review
Annual Review: The Welfare Fund Committee (WFC) must conduct a full review of this Policy at least once every twelve (12) months.
Financial Trigger: An immediate review must be triggered if the Fund’s reserves fall below the Critical Solvency Threshold defined by the Treasurer.
12.2 Classification of Amendments
The authority to amend this Policy depends on the nature of the proposed change:
a) Minor Administrative Amendments (Committee Authority) The KIQ Executive Board, upon recommendation from the WFC, may approve minor changes without a general membership vote.
Examples: Correcting typographical errors, updating contact details, refining internal administrative workflows, or updating statutory references (e.g., changes to the Privacy Act).
Notification: Members must be notified of these changes via email or newsletter within 30 days.
b) Substantive Amendments (General Meeting Authority) Any change that materially affects the rights or financial obligations of members requires approval by a Simple Majority Vote of members present at an Annual General Meeting (AGM) or Special General Meeting (SGM).
Examples:
Increasing or decreasing the Monthly Contribution (currently AUD $30).
Changing the Maximum Benefit Limits (currently AUD $5,000).
Altering Eligibility Criteria (e.g., changing the Waiting Period).
12.3 Notification of Changes
Notice Period: For any Substantive Amendment to take effect, members must be given at least twenty-one (21) days' notice prior to the General Meeting where the vote will occur.
Publication: The updated Policy must be published on the KIQ website and circulated to all subscribed members within 14 days of adoption.
12.4 Transitional Provisions (Grandfather Clause)
In the event of a Policy amendment:
Pending Claims: Any claim arising from an incident that occurred before the date of the amendment shall be assessed under the Policy rules in force at the time of the incident.
New Claims: Any incident occurring after the adoption date of the new Policy shall be assessed under the new rules.
13. Contact Information
Kenyans in Queensland (KIQ) Inc.
Email: []
Website: [Insert Website]
Address: [Insert Postal Address]
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