3.1 Employee obligations
Employees are obliged to adhere to the Victorian public sector values and the Code of Conduct for Victorian Public Sector Employees and the Code of Conduct for Employees of Special Bodies.
Employees are required to declare if they are in a consensual personal relationship if a direct hierarchical relationship is in place. This will enable the conflict of interest to be appropriately managed.
In addition, employees are to declare if they are in a consensual personal relationship where an actual, potential or perceived conflict of interest cannot be appropriately avoided (case studies are at Appendix 1).
3.2 Employer responsibilities
Victorian Public Service organisational employment processes adhere to the Victorian public sector employment principles and standards. The following principles are particularly relevant in this context:
- fair and reasonable treatment;
- merit-based employment decisions;
- equal employment opportunity; and
- human rights.
Employers should ensure that a designated disclosure officer (e.g. Human Resources officer) or a designated management representative is available to manage declarations of consensual personal relationships.
Employers are encouraged to provide staff with their local ‘Conflict of Interest, Declaration and Management’ form (COI form). These forms allow employees to declare a conflict and develop an agreed approach. Organisations may seek to modify their COI forms in line with their organisational requirements, or to manage specific instances of consensual personal relationships. COI forms regarding consensual personal relationships should be recorded/registered, and be made available on a needs-to-know basis in order to protect personal privacy.
It is recognised that some matters are likely to be complex and require a highly nuanced approach. Employers should ensure that those involved in the development of management approaches in relation to consensual personal relationships are experienced in managing complex situations. Employers are encouraged to provide training and support to aid this.
Disclosures must be managed in accordance with privacy considerations (refer to section 4.7 for further information).
3.3 Informing employees about the Conflict of Interest Model Policy
Victorian Public Service employers should communicate the Model Policy to their employees. In addition, employees should be made aware of the requirement to disclose personal consensual relationships. This should occur where a direct hierarchical relationship is present, or a conflict of interest cannot be avoided.
Broad communication of the Model Policy is particularly important as consensual personal relationships involving people in a direct hierarchical relationship are considered to represent a potential conflict of interest. Conflicts of interest are to be declared and managed in line with the Code of Conduct for Victorian Public Sector Employees and the Code of Conduct for Employees of Special Bodies.
It should be noted that not disclosing a personal consensual relationship where a direct hierarchical relationship is present, or where a conflict of interest cannot be avoided could constitute contravention of the relevant code of conduct.