Conflict of Interest Policy - Policies - Department of Education

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1. Policy statement

The Department of Education (the Department) is committed to reducing integrity, fraud and corruption risks by ensuring the effective reporting, recording and management of actual, perceived and potential conflicts of interest.

2. Policy rules

All employees and contractors of the Department will comply with the Conflicts of Interest Procedures, Code of Conduct and Standards (staff only), and Commissioner's Instruction No. 7: Code of Ethics.

Principals and line managers (including contractor managers of the Department) must communicate to employees and contractors their obligations under the Conflicts of Interest Procedures, Code of Conduct and Standards (staff only), and Commissioner's Instruction No. 7: Code of Ethics.

Executive Directors and Directors of Education must communicate to principals and directors their obligations under the Conflicts of Interest Procedures, Code of Conduct and Standards (staff only), and Commissioner's Instruction No. 7: Code of Ethics.

Guidance

It is not wrong or unethical to have a conflict of interest, what is important is that it is identified, reported and appropriately managed.

Failure to report and manage a conflict of interest is a breach of discipline and may also amount to misconduct.

3. Responsibility for Implementation and Compliance

Executive Directors, Directors of Education, Principals and line managers are responsible for implementing this policy.

The Director, Standards and Integrity Directorate is responsible for compliance monitoring.

4. Scope

This policy applies to all employees and contractors of the Department.

5. Supporting Procedures

Conflict of Interest Procedures

6. Definitions

Conflict of Interest

A conflict of interest is a situation arising from conflict between the performance of public duty and private or personal interests.

Conflicts of interest may be actual, or be perceived to exist, or potentially exist at some time in the future.

Guidance

Perception of a conflict of interest is important to consider because public confidence in the integrity of an organisation is vital.

A perceived conflict of interest could exist in various circumstances such as a recruitment process where a member of the panel is known to the successful applicant. It is very important to declare and manage any perceived conflict of interest. Appropriately document declaration and management of a conflict of interest. In this example the panel member is expected to have declared and documented the conflict in the selection report and the report should demonstrate how the conflict was managed.

In the circumstance where a complaint is made about the conduct of a staff member and that staff member is in a relationship with their line manager, the line manager’s senior manager should be involved in managing the complaint and documenting how it was addressed.

Volunteer activities can be a conflict of interest in some circumstances.

Contractor

A person, business, company, incorporation or other entity that undertakes a contract to provide materials, labour or a service to the Department of Education.

Secondary Employment

Secondary or outside employment includes operating any business or engaging in any commercial enterprise. It can include working for another employer or self-employment. It includes operating a business, corporation, incorporated association or incorporated body. Operating a hobby farm or a property that is advertised for short-term rental is a business or commercial enterprise. Secondary or outside employment does not include a long-term rental property.

Guidance

Secondary or outside employment is a conflict of interest that must be reported and managed in accordance with this policy and procedures in addition to obtaining approval from the Director Employee Relations. Further information on seeking approval for outside employment is available on Ikon (staff only).

Tutoring students for reward or payment that is not a part of a staff members duties of employment with the Department is considered secondary employment and a conflict of interest. All staff engaging in tutoring activities not associated with their role or functions of employment must declare a conflict of interest and have prior approval for secondary or outside employment.