Overview

Maintain public trust

The Victorian public needs to be able to trust that the public sector is operating with integrity and impartiality, in a professional and apolitical manner.

If you have a ‘declarable association’, you must declare it in accordance with your employer’s conflict of interest policy.

Check your organisation’s policy requirements

Your employer’s policy may have stricter requirements about declarable associations than those we publish in this guide. For example:

  • because of the work its employees perform
  • if specific laws or obligations apply to it.

Always check and follow your employer’s policy.

Some employers have a separate policy on declarable associations.

Who this guide applies to

In this guide we use the term employee to cover:

Declarable associations

Definition

A declarable association is a current or recent association with a person, group or organisation you are aware or should reasonably suspect of being involved in serious unlawful activity, now or in the past. It is declarable if a conflict of interest exists (actual, potential or perceived).

Your organisation may have a stricter definition

The above definition is used in our conflict of interest model policy. Most organisations follow this approach. But some have a stricter approach.

For example, some organisations require all associations relating to serious unlawful activity to be declared, even if no conflict of interest exists. An organisation sometimes applies this stricter type of requirement if it’s vulnerable in this area due to its functions or operating environment.

Always follow your organisation’s policy.

Examples: Serious unlawful activity

Some examples of serious unlawful activity include:

  • an indictable criminal offence, such as armed robbery, aggravated burglary, manslaughter or fraud
  • serious offences, such as a charge under the Corporations Act of market manipulation or insider trading.

When you must declare an association

If your organisation uses the definition in our model policy, an association must be declared if it is a conflict of interest (actual, potential or perceived).

This means it must be declared if it could influence, or reasonably be seen to influence, how you perform your job.

Factors to consider

In deciding whether the association is a conflict of interest, some relevant factors to consider are:

Your work role:

  • the functions of your organisation
  • your work duties
  • the operating environment you work in – such as working alone, working in an isolated community, or working with vulnerable stakeholders
  • your level of seniority
  • your level of decision-making power
  • your access to sensitive or confidential information.

Your associate:

  • who the relationship is with
  • the nature and status of the relationship.

Nature of activity:

  • the nature of the serious unlawful activity you are aware of or should reasonably suspect
  • how long ago it occurred, whether it is likely to reoccur and/or is currently occurring.

Potential effect:

  • the extent (if any) to which the association intersects with your work duties
  • any other way in which the association could affect or be perceived to affect your work duties.

Example 1: Serious offender

You have an ongoing relationship with a family member who has a history of serious offending relating to the illegal sale of drugs.

Scenario 1

You must declare this relationship if you are, for example, working on a policy relating to whether or not such drugs should be legalised. This is because the relationship could reasonably be seen as having the potential to influence how you perform your public duties.

Scenario 2

If you work in a waste recovery organisation as a budget analyst it is unlikely you will need to declare the relationship. It does not intersect with your job, so unless it could affect your work duties in another way, the relationship is unlikely to be a conflict of interest.

If your organisation has chosen to have a stricter policy that requires all associations linked to serious unlawful activity to be declared, you must do so.

Example 2: Criminal Organisations Control Act

The following example relates to an uncommon but important scenario:

  • Victoria police apply under the Criminal Organisations Control Act 2012 for an organisation or person to be a ‘declared organisation’ or a ‘declared individual’
  • based on the evidence, the court makes the declaration that has been sought
  • for example, the court declares that an organisation has been or is engaged in serious criminal activity that ‘poses a serious threat to public safety and order’.

If you have a relationship with a ‘declared organisation’ or ‘declared person’, you must always declare the relationship to your employer.

This is because of the high conflict of interest risk level it poses. It is reasonable for people to believe that your association with the ‘declared organisation’ or ‘declared individual’ may influence how you perform your duties.

Declarations by a court are uncommon. As shown in example 1, the definition of a declarable association in this guide is much wider than this scenario.

Check status of association if circumstances change

Circumstances and relationships do not remain static. If you have a relationship that has the potential to be an association that must be declared under your organisation’s policy check its status:

  • if circumstances change
  • periodically as a precaution.

Seek advice

If in doubt about whether to make a declaration, seek advice from your manager, the integrity officer, or similar source of advice provided by your organisation.

Declaring the association

If you have a declarable association, follow the requirements in your organisation’s policy.

Usually:

  • A declarable association must be declared in writing to your manager. Use your organisation’s Conflict of interest – Declaration and Management Plan form (or similar name).
  • Your manager will develop a management plan in consultation with you.
  • You manager lodges a copy of the plan with the human resources manager (or as specified by your organisation) as a confidential record.
  • You implement the plan with oversight from your manager.
  • Your manager is responsible for reviewing the plan as set out in it.
  • You are responsible for notifying your manager of any change that may affect the plan or its risk level.

Alternative to manager

You can request to lodge your conflict of interest declaration with someone other than your manager. To enquire, contact the human resources manager or other contact specified by your organisation – for example, conflict of interest officer.

Treatment of information

The information you provide on your conflict of interest declaration must be treated by your organisation consistent with the Privacy and Data Protection Act 2014 (Vic), the Public Records Act 1973 (Vic), the Charter of Human Rights and Responsibilities Act 2006 (Vic) and your organisation’s other obligations, including its conflict of interest policy and the collection notice relating to the declaration form.

Content of the management plan

The key mitigation strategies in your organisation’s conflict of interest policy are likely to be similar to those in our model policy:

  • Record and monitor
  • Restrict
  • Remove
  • Recruit
  • Relinquish or resolve.

Proportionate

The approved plan should be proportionate to the risk posed by the declarable association.

Plan is made even if pre-employment screening occurred

Sometimes, a declarable association is declared during pre-employment screening.

If this occurs, you must still complete a Conflict of interest – Declaration and Management Plan form:

  • during the engagement process
  • as soon as possible after you commence as an employee.

More information

For more information and advice contact the conflict of interest contacts set out in your organisation’s policy.

Reviewed 23 July 2024

Published 31 May 2024