Code of Conduct
Kinaway the Victorian Aboriginal Chamber of Commerce is the peak representative body for Aboriginal and Torres Strait Islander owned businesses in Victoria. We are a registered charity dedicated to advancing the economic participation and empowerment of First Nations peoples through a strengthbased model of business ownership.
Our community is built on the foundations of Country, culture, and community. The values that have sustained Aboriginal and Torres Strait Islander peoples across generations respect, reciprocity, integrity, and collective responsibility are the same values that guide us as a Chamber.
This Code of Conduct sets out the standards of behaviour and professional conduct expected of all Kinaway members. By accepting membership, each member agrees to uphold these standards and to contribute to a business community grounded in trust, inclusion, and shared purpose.
1. Purpose of this Code
This Code of Conduct aims to:
Establish a shared standard of professional and ethical behaviour across the Kinaway membership community
Protect the integrity and reputation of the Kinaway brand and its certified members
Create a safe, respectful, and culturally affirming environment for all members, staff, partners, and stakeholders
Provide a clear framework for addressing conduct that falls below these standards
Support members to act with honesty and accountability in all business dealings
3. Cultural Respect and Safety
Kinaway is a proudly Aboriginal and Torres Strait Islander organisation. Respect for First Nations cultures, histories, and peoples is non-negotiable.
3.1 Members must:
Act in a manner that honours and upholds the dignity of Aboriginal and Torres Strait Islander peoples, cultures, and knowledge
Acknowledge the Traditional Custodians of Country and the ongoing connection of First Nations peoples to their lands, waters, and communities
Engage with cultural protocols respectfully and seek guidance where uncertain
Never appropriate, misrepresent, or commercially exploit Aboriginal or Torres Strait Islander cultural knowledge, designs, or intellectual property without proper authority and consent
3.2 Members must not:
Make false or misleading claims about their own Aboriginality or Torres Strait Islander identity
Engage in any conduct that denigrates, stereotypes, or disrespects First Nations peoples, cultures, or history
Participate in or facilitate black cladding — the practice of falsely presenting a business as Aboriginal or Torres Strait Islander owned in order to access procurement opportunities
Establish or participate in arrangements that constitute Black Washing as defined below
3.3 Black Washing — Policy and Prohibition
Kinaway does not support or recognise arrangements established primarily to enable non-Indigenous corporates to meet Indigenous procurement or participation targets without delivering genuine economic benefit, control, or opportunity to Indigenous businesses. This practice is referred to as Black Washing.
For the purposes of this Code, Black Washing refers to any arrangement — including joint ventures, partnerships, subcontracting structures, or special purpose entities — where:
A non-Indigenous corporate entity establishes or participates in a relationship with an Indigenous individual or business primarily to access Indigenous procurement opportunities or meet spend targets
The substantive delivery of work, control of the business, or sizeable financial benefit is retained by the non-Indigenous corporate entity
The arrangement does not result in meaningful, equitable, and sustainable benefit to the Indigenous business
Kinaway will assess all relevant arrangements against the following principles:
Indigenous ownership and control must be genuine, substantive, and reflected in real decision-making authority
Indigenous businesses must receive a fair and proportionate share of revenue, profit, and capability development
The Indigenous entity must not function primarily as a pass-through or intermediary for work performed by a non-Indigenous partner
Arrangements must contribute to long-term economic participation, capability building, and independence of Indigenous businesses
The structure must align with both the spirit and intent of applicable Indigenous procurement policies, not merely their technical requirements
Kinaway reserves the right to decline recognition, endorsement, or certification of any entity or arrangement deemed to constitute Black Washing, and may refer concerns to relevant government bodies or procuring agencies where appropriate.
Non-Indigenous corporate partners engaging with the Kinaway network are expected to engage Indigenous businesses in a manner that delivers genuine economic participation; avoid structures designed primarily to meet procurement targets without substantive Indigenous benefit; and demonstrate full transparency in ownership, governance, and financial arrangements.
4. Integrity and Honest Dealing
Kinaway's values include honesty, transparency, and a genuine focus on the success of members and partners. All members are expected to conduct their business with integrity.
4.1 Members must:
Be honest and transparent in all representations about their business, qualifications, certifications, and capabilities
Honour commitments made to clients, partners, and other members
Disclose conflicts of interest promptly and manage them appropriately
Maintain accurate records and comply with all applicable legal and regulatory requirements
Treat all commercial obligations and contractual agreements with due care and professionalism
4.2 Members must not:
Engage in misleading or deceptive conduct in connection with their business
Make false claims about qualifications, certifications, or business ownership
Engage in conduct that breaches the Australian Consumer Law or any other applicable legislation
Use the Kinaway name, logo, or certification to imply endorsement of products or services where no such endorsement exists
2. Scope
This Code applies to all Kinaway members — including individual members, business members, and corporate partners — in all contexts where they are representing, attending, or associated with Kinaway, including:
Kinaway events, workshops, networking functions, and programs
Communications on Kinaway platforms, directories, or social media
Business dealings conducted through or promoted via the Kinaway network
Any public statement or conduct that identifies the person or business as a Kinaway member
5. Membership Eligibility Criteria
To maintain membership with Kinaway, members must continue to meet the following eligibility requirements throughout the duration of their membership. These criteria apply at the time of initial application, at annual renewal, and on an ongoing basis.
5.1 Eligibility Requirements
Majority Aboriginal and/or Torres Strait Islander ownership and operation — Aboriginal and/or Torres Strait Islander people must own and operate at least 51% of the business
Victorian-based — the business must be primarily located in Victoria and creating employment opportunities for Aboriginal and Torres Strait Islander people living in Victoria
For-profit enterprise — the business cannot be a charitable organisation or a not-for-profit
5.2 Required Documentation
Members must be able to produce the following documents upon request by Kinaway:
A valid Confirmation of Aboriginality issued by a recognised certifying body, such as a Local Aboriginal Land Council or an incorporated Indigenous organisation
A current and historical ASIC extract confirming business structure and ownership
A business partnership agreement or shareholder register verifying the 51% Indigenous ownership
A company constitution or trust deed (if applicable)
Proof of a Victorian business address (such as a utility bill, lease agreement, or rates notice)
Business registration showing a Victorian address
5.3 Ongoing Obligations
Members must notify Kinaway promptly of any change to their business structure, ownership, Aboriginality status, or operating location that may affect their eligibility. Failure to disclose a material change may result in suspension or cancellation of membership.
6. Membership Audit Obligations
Kinaway conducts Membership Audit Interviews to verify that members continue to meet eligibility criteria and to protect the integrity of the certified member directory. All members are subject to the audit process and must cooperate fully.
6.1 When Audits May Occur
A Membership Audit Interview may be conducted:
Upon initial application for membership
At the time of annual membership renewal
Where Kinaway becomes aware of a change in business structure, ownership, or operations that may affect eligibility
On a random or as-needed basis to maintain ongoing integrity of the directory
6.2 Member Obligations During Audit
When notified of a Membership Audit Interview, members must:
Respond to Kinaway's notification within the timeframe specified
Attend the interview at the scheduled time, whether in person, by phone, or online
Provide accurate and honest information about their business structure, ownership, operations, and identity
Produce all documentation requested in the audit notification, including Confirmation of Aboriginality and ASIC extracts
Promptly notify Kinaway if they need to reschedule, by contacting companysecretary@kinaway.com.au or (03) 7047 8120
6.3 Audit Outcomes
Following a Membership Audit Interview, one of the following outcomes will apply:
Confirmed — membership is verified and remains active; no further action is required
Further Information Required — Kinaway may request additional documentation or a followup conversation before a final determination is made; members will be given a clear timeframe to respond
Membership Suspended or Cancelled — where a member no longer meets eligibility criteria, membership may be suspended or cancelled; members will be notified in writing with reasons and information about their right to appeal
6.4 Conflict of Interest in Audit Processes
Where a Kinaway Board member operates in the same or a similar industry as the member undergoing an audit, that Board member will be excused from participating in that audit process in its entirety. Any actual, perceived, or potential conflict of interest will be formally declared prior to the commencement of the audit and recorded for transparency and governance purposes.
Kinaway is committed to handling all audit processes with fairness, cultural sensitivity, and respect. Members who have concerns about the audit process at any stage are encouraged to contact Kinaway directly.
7. Respect and Inclusion
Kinaway is committed to providing an environment that is welcoming, inclusive, and free from discrimination and harassment for all people, regardless of their background.
7.1 Members must:
Treat all individuals — including other members, Kinaway staff, clients, and partners — with courtesy, dignity, and respect
Actively support an inclusive culture that values diversity in all its forms
Speak up if they witness conduct that is harmful, discriminatory, or exclusionary
7.2 Members must not engage in conduct that is:
Discriminatory on the basis of race, ethnicity, gender, gender identity, sexual orientation, age, disability, religion, or any other protected attribute
Harassing, bullying, intimidating, or threatening — whether in person, online, or in written communications
Designed to exclude, marginalise, or undermine other members of the Kinaway community
9. Confidentiality
Members may, in the course of their participation in Kinaway activities, receive confidential information about other members, Kinaway's operations, or third parties. Members must:
Treat all confidential information with care and discretion
Not disclose confidential information to unauthorised persons
Not use confidential information obtained through the Kinaway network for personal commercial gain
11. Reporting a Concern
Kinaway encourages members to raise concerns about potential breaches of this Code in good faith. Members can report concerns to:
Kinaway Chamber of Commerce
Location: Level 5, 163 Eastern Road, South Melbourne VIC 3205
Email: info@kinaway.com.au
Web: www.kinaway.com.au
All reports will be treated with sensitivity and confidentiality to the extent practicable. Kinaway will not tolerate victimisation of any person who raises a genuine concern in good faith.
A breach of this Code may result in one or more of the following actions, depending on the nature and severity of the conduct:
A formal written warning
Mandatory participation in relevant training or education
Temporary suspension of membership and associated benefits
Removal from the Kinaway Business Directory
Revocation of Kinaway certification
Termination of membership
In cases involving potential criminal conduct or serious harm, Kinaway reserves the right to refer matters to relevant authorities.
8. Use of the Kinaway Brand and Certification
Kinaway certification and the Kinaway brand represent a mark of quality, authenticity, and community trust. Members have a responsibility to protect this trust.
Members may use Kinaway branding and membership status only in accordance with Kinaway's brand guidelines and while their membership remains current and in good standing
Upon resignation, suspension, or termination of membership, members must immediately cease use of all Kinaway branding and remove references to Kinaway membership from their materials and platforms
Members must not permit third parties to use their Kinaway membership or certification status
Any changes to the ownership structure or Aboriginal/Torres Strait Islander status of a certified business must be reported to Kinaway promptly
10. Social Media and Public Communications
Members are responsible for their public communications, including social media posts, that reference or are associated with Kinaway.
Members must not post content that is defamatory, discriminatory, harassing, or otherwise in breach of this Code
Members must not represent personal views as the views of Kinaway without express authorisation
Members should exercise care in public commentary on matters relating to other members, the Aboriginal business sector, or Kinaway's work
Constructive engagement and advocacy for the First Nations business community is encouraged
12. Complaints and Disciplinary Process
Where a complaint or concern is received, Kinaway will:
Acknowledge receipt of the complaint within five (5) business days
Conduct a fair and timely review of the matter
Provide the member concerned with an opportunity to respond
Take appropriate action, which may include issuing a formal warning, suspending membership, or terminating membership
Kinaway will aim to resolve complaints in a manner that is fair, consistent with its values, and in the best interests of the broader membership community.
13. Consequences of Breach
14. Review of this Code
This Code of Conduct will be reviewed periodically to ensure it remains fit for purpose and reflects the evolving needs of the Kinaway community. Members will be notified of any material changes.
15. Member Acknowledgement
By accepting Kinaway Membership, members acknowledge that they have read and understood this Code of Conduct and agree to be bound by its terms for the duration of their membership.