About this guide
When you perform your public duties as an employee it’s vital that your decision-making is impartial. This helps to:
- maintain the public’s trust in your organisation
- ensure decisions are made in the public interest
- prevent corruption.
This guide sets out what must happen if a conflict arises between your private interests and your public duties as an employee.
Who this guide applies to
This guide is for use by Victorian public sector employees and organisations.
For ease of reading, in this guide we use the term ‘employee’ to cover:
- employees of your organisation
- contractors, consultants or labour hire employees required as part of their contract to comply with your organisation’s conflict of interest policy
- anyone else your employer’s conflict of interest policy applies to.
Some organisations extend their policy to also cover, for example:
- volunteers (if they are not covered by a volunteer policy)
- members of advisory groups (if they’re not covered by the organisation’s policy for board members).
Different requirements for board directors and members
Most organisations base their conflict of interest policy for employees on our model policy.
It does not cover board members, who should have a separate policy and forms.
This is because, whilst they are based on similar principles, the requirements for employees and board members differ.
For more information about the requirements for boards see boards.vic.gov.au.
Follow your organisation’s policy
This guide is general advice based on the model policy we offer.
It sets out key things to know and do about conflicts of interest. It will help you to understand your basic obligations and your organisation’s policy.
Your organisation will have its own conflict of interest policy, which you must follow.
Usually, it will be consistent with our model policy and this guide. But it may include some different requirements. For example, some organisations:
- have stricter requirements
- have examples that are specific to your organisation.
Always check and follow your organisation’s conflict of interest policy when applying this guidance.
Key things you must do
You must perform your public duties consistent with the Code of conduct for Victorian public sector employees. If you work for a special body a similar code applies.
As part of these requirements, you must:
- act with integrity and impartiality
- put the public interest above your private interests when you perform your job
- follow your organisation’s conflict of interest policy.
Employees
You must avoid conflicts of interest where possible.
But sometimes a conflict cannot be avoided.
If a conflict exists, you must follow these steps:
- Identify it.
- Declare it in writing to your manager.
- Follow the conflict of interest management plan that your manager develops in consultation with you. (You may be asked to prepare the initial draft.)
- Notify your manager of any changes that may affect the plan or its risk level.
- If in doubt, seek advice from your manager.
Managers
If you’re a manager with direct reports, you should also:
- be aware of and monitor the conflict of interest risks inherent in your direct reports’ roles
- develop and oversee their conflict of interest management plans (if any)
- promote awareness and provide advice about this policy
- model good practice.
What the Audit and Risk Committee must do
The Audit and Risk Committee must ensure it receives a report at least annually on the organisation’s conflict of interest processes and their effectiveness.
Definitions and examples
Key definitions
Examples of private interests
Examples of conflicts of interest
Step-by-step guides
Step 1: Identify the conflict of interest
Step 2: Complete a conflict of interest declaration
Step 3: Follow the approved conflict of interest management plan
Related information and advice
Conflicts of interest are not always clear to those who have them. If you are unsure about a possible conflict of interest or the application of your organisation’s policy, seek advice from:
- your manager
- a similar person nominated in your organisation’s policy.