The risk of having a conflict of interest depends on a mix of factors such as:
- your organisation’s functions
- your work role
- the operating environment
- your private interests.
Example 1: Grants program for sporting clubs
The organisation you work for is making decisions about which sporting clubs will receive a grant under a new grants program.
You have a private interest in your local sporting club, which is applying for one of the grants.
Your private interest is that you are an avid supporter of the club and it is where your children play.
If your work is unrelated
If your job is unrelated, for example you work in the transport and logistics area of your organisation, your private interest in the sporting club will not be a conflict of interest. It does not need to be declared.
This is because your work duties do not include making or influencing decisions about the grants program.
If your work duties relate to the grants program
If your work duties involve making or approving any decisions about the grants program, you have a conflict of interest that must be declared.
Even if you are certain that you will not be influenced in your decision-making, there is a perceived conflict of interest.
This is because it is reasonable for people to believe that your private interest may influence your impartiality in your decision making.
Possible management plan
A suitable management plan could be for you to be removed from taking part in or being present for any discussion or decision-making about the grants program or its approval process.
This includes not taking part in any discussion or decisions about applications by other clubs. (There is a limited pool of funds. What other applicants receive may affect your club’s chances.)
Example 2: Assessing tenders where a family member is bidding
A family member is bidding to supply services to the public sector organisation you work for.
Your relationship with your family member is a private interest.
If your work is unrelated
You do not have a conflict of interest if you work in another part of the organisation and have no connection to or influence over the tender process.
If your work duties relate to the tender
If you are part of the decision-making process for the tender or you have influence over it, you have a conflict of interest that must be declared.
Even if you are certain that you will not be influenced in your decision-making, there is a perceived conflict of interest.
This is because it is reasonable for people to believe that your private interest may influence your impartiality in your decision making.
Possible management plan
A suitable management plan could be for you to be removed from taking part in or being present for any discussion or decision-making in relation to this tender or the approval process for it.
Example 3: Recruitment and selection panel
Sam is asked to be on a recruitment and selection panel. The panel will be selecting who is the recommended choice for a policy officer job in the team Sam is a member of.
The organisation’s policy is to require that, as a precautionary measure, all members of the panel complete a conflict of interest declaration form, even if they do not have a conflict of interest.
This provides a written record that the question of conflict of interest has been considered by each member of the panel and the result. It occurs prior to the shortlisting process.
When all the applications have been received, they include:
- an application from a member of the team that Sam works in.
- an application from the former spouse of Jo, who is another panel member.
Both Sam and Jo set out their conflicts of interest on their declaration form. The other panel member, May, who is the chair of the panel, records on her own declaration form that she does not have a conflict.
Sam’s possible management plan
The chair of the panel will decide on a suitable conflict of interest management plan in consultation with Sam.
The discussion between the chair and Sam about a suitable management plan concludes that Sam has a perceived conflict of interest that is low risk.
A suitable plan could be for the chair to:
- record the conflict
- advise the other panel member
- monitor that the risk level does not rise, and
- in conjunction with the other panel member, support impartial decision-making by Sam
Jo’s possible management plan
Jo has a conflict of interest that is higher risk. The discussion between the chair and Jo about a suitable management plan revealed that Jo has an acrimonious relationship with their former spouse.
In this case, a suitable plan is likely to be for Jo not to take part in the recruitment in any way. A new panel member will need to be appointed instead.
This needs to occur prior to the panel commencing their review of the applications and shortlisting who will be interviewed.
Example 4: Political affiliations or duties
Bronte supports a micro party that campaigns for the removal of all toxic materials from residential areas. Campaigning is about to commence for the upcoming state election.
Bronte intends to hand out leaflets at polling booths.
When campaigning, Bronte must comply with the conflict of interest obligations in her employer’s policy and the employee code of conduct. She must also comply with the related obligations on public comment.
For more information see the VPSC Guide for employees during election periods.
Handing out leaflets
The leaflets that Bronte will be handing out are critical of the government’s policy on managing toxic sites.
- unrelated: if the topic is unrelated to Bronte’s work duties – for example, Bronte is a public sector accountant – she does not need to lodge a conflict of interest declaration form because a conflict is unlikely to arise.
- related to work duties: the closer that Bronte’s private interest in the removal of toxic materials from residential areas intersects with her work duties, the more likely that a conflict of interest exists (actual, potential or perceived), and the stronger the conflict is likely to be.
For example, if Bronte’s work duties include conducting research that will be taken into account when developing policy on toxic waste, this will be a strong conflict of interest.
If a conflict of interest exists (actual, potential or perceived), Bronte must lodge a conflict of interest declaration form with her manager.
A plan will be developed to manage the conflict proportionate to the risk. For strategies for managing a conflict of interest see the key risk mitigation strategies in step 3.
To assist Bronte, the plan should also refer to her public comment obligations under item 3.5 of the code and any relevant policy of the organisation. For example, a social media policy may exist.
Duties as an office bearer
Bronte is appointed as a party office bearer. Even if Bronte works in an unrelated area as an accountant, the risk of a conflict of interest will be heightened. This is because people will be more likely to question whether Bronte will be apolitical when performing her public sector duties.
As a precaution, Bronte must lodge or update a conflict of interest declaration with her manager to:
- confirm no conflict of interest exists, or
- declare a conflict exists (actual, potential or perceived).
Bronte’s manager will consult with her to develop a plan to manage any conflict of interest proportionate to the risk. For strategies for managing a conflict of interest see the key risk mitigation strategies in step 3.
To assist Bronte, the plan should also refer to her public comment obligations under item 3.5 of the code and any relevant policy of the organisation. For example, a social media policy may exist.