The management plan for a conflict of interest will usually be based on one of the following risk mitigation strategies, or a suitable combination of these ‘5 Rs’.
The approach taken will be proportionate to the risk.
These strategies are listed from lowest to highest response level.
Check your organisation’s policy in case it differs.
Record and monitor
The conflict is officially recorded. Relevant managers and employees are made aware on a ‘need to know’ basis.
Ongoing monitoring occurs. If the risk level rises, additional strategies are implemented, such as restrict or remove.
Example
A member of a recruitment and selection panel has a perceived conflict of interest that is low risk and suitable to record and monitor. Other panel members are advised. They monitor the risk level and support impartial decision-making.
Restrict
Some restrictions are placed on your involvement in the conflicted matter. For example, the management plan could restrict you from taking part in:
- certain discussions
- certain or all decisions and from being present when they are made.
Remove
The management plan removes you from any involvement at all in the conflicted matter.
You must not take part in or be present for:
- any discussion
- any decision.
Recruit
An independent, impartial third party oversees part or all of the conflicted matter. This person can be internal or external to the organisation, but not a subordinate.
For example, the role could include:
- provide probity advice
- assist with risk mitigation
- oversee the project – this includes actively overseeing any participation you have in it.
Depending on the circumstances, this strategy could stand alone or be combined with another strategy such as restrict or remove.
Relinquish or resolve
Sometimes, a conflict of interest can’t be managed as set out above.
In such cases, you’ll need to relinquish your private interest, unless your organisation can resolve the matter another way.
This is because it is not in the public interest for an unmanageable conflict to continue to exist.
As an employee, you must be able to:
- perform the duties of your role as required, to the required standard
- comply with your employment obligations, including the code and your employer’s policies.
If you can’t or won’t relinquish the conflicting interest, the organisation will resolve the matter.
It will do so consistent with the public sector employment principles and standards and any applicable employment contract, agreement or law.
How the situation will sometimes be resolved
Sometimes the organisation may be able to resolve the situation, for example on the basis that you take leave or perform modified duties or another role.
But this may not always be possible. For example, due to the organisation’s staffing needs or capacity or the duration of the conflict.
In such cases, the employment relationship may need to terminate if you remain unwilling or unable to relinquish your conflicting interest.