Conflict of Interest Procedures - Policies

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These procedures must be read in conjunction with the Conflict of Interest Policy.

1. Policy supported

Conflict of Interest Policy

2. Scope

These procedures apply to all employees and contractors of the Department.

3. Procedures

3.1 Employees and Contractors

All employees and contractors of the Department must:

report to their line manager or another relevant manager all actual, perceived and potential conflicts of interest that arise in any aspect of their duty, role or function as an employee or contractor of the Department;
properly manage all actual, perceived and potential conflicts of interest;
record all actual, perceived and potential conflicts of interest, other than recruitment conflicts, in the Department’s Conflicts of Interest Register and in the Department’s record management system;
prior to undertaking secondary or outside employment, obtain approval from the Director Employee Relations; and
notify any instance of non-compliance with these procedures to Standards and Integrity Directorate in accordance with the Complaints and Notifications Policy and Framework.

3.1.1 Recruitment

All employees and contractors of the Department must:

report and record all actual, perceived and potential conflicts of interest relating to recruitment processes in the relevant recruitment documentation and manage appropriately;
record the management strategy for reported conflicts of interest relating to recruitment processes in the relevant recruitment documentation; and
confirm the management of conflicts of interest in recruitment processes is consistent with the Public Sector Commission Western Australian Public Sector Standards in Human Resource Management.

3.1.2 Procurement

All employees and contractors of the Department must:

report, record and manage all actual, perceived and potential conflicts of interest relating to procurement in accordance with the Department’s Procurement Administrative Schedule and the Western Australian Procurement Rules; and
record all actual, perceived and potential conflicts of interest relating to procurement in the Department’s Conflicts of Interest Register and in the Department’s record management system.

Guidance

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.

Another relevant manager is another manager in the area where the employee works or the manager of the employee’s line manager.

Gifts and Benefits

Offers or acceptance of gifts and benefits creates a conflict of interest. This includes work related sponsored travel. Refer to the Acceptance and Provision of Gifts Policy.

A conflict of interest is reported whenever a gift or benefit is received from any entity other than a student.

3.2 Principals and Line Managers (Including Managers of Contractors)

All principals and line managers (including managers of contractors of the Department) must:

confirm all employees and contractors are aware of their responsibilities under these procedures;
implement strategies to appropriately manage all actual, perceived and potential conflicts of interest reported by employees or that they otherwise become aware of or suspect;
monitor implementation and compliance with conflict of interest management strategies;
confirm all employees engaged in secondary or outside employment have obtained Departmental permission to do so and have reported and recorded a conflict of interest;
document the management of a conflict of interest including mitigation strategies that are discussed and implemented with the reporting employee; and
notify any instance of non-compliance with these procedures to Standards and Integrity Directorate in accordance with the Complaints and Notifications Policy and Framework.

Guidance

The Public Sector Commission provides guidance on managing conflicts of interest. Refer to the Conflicts of Interest Guidelines for WA public sector.

There may be occasions when there are no management strategies required. Conflict of interest management decisions and strategies are documented and recorded in the Departments Record Management System.

Further information on managing conflicts of interest is available on Ikon (staff only) that covers the following processes:

Respond to a conflict of interest
Manage a conflict of interest
Register a conflict of interest
Review a conflict of interest

3.3 Executive Directors and Directors of Education

All Executive Directors and Directors of Education must:

confirm principals and directors are aware of their responsibilities under these procedures;
implement strategies to appropriately manage all actual, perceived and potential conflicts of interest reported by principals and directors or that they otherwise become aware of or suspect;
confirm all principals and directors engaged in secondary or outside employment have obtained Departmental permission to do so and have reported and recorded a conflict of interest; and
notify any instance of non-compliance with these procedures to Standards and Integrity Directorate in accordance with the Complaints and Notifications Policy and Framework.

4. 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.