NDIA Accountability Project

This project is in DRAFT

Conflict of Interest Fact Sheet

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DOCUMENT 3

FOI 20/21-0857

Conflict of Interest Fact Sheet

The APS Code of Conduct requires that APS employees must disclose, and take reasonable steps to avoid any conflict of interest (real or apparent) in connection with their employment.

This factsheet should be read in conjunction with the Conflicts of Interest Policy – Internal.

This fact sheet is also designed to assist managers to make informed decisions when dealing with conflict of interest situations.

What do I need to know?

  • An employee must notify their manager where there is a real or apparent conflict of interest.
  • A real conflict of interest occurs where there is a conflict between the public duty and personal interests of an employee that improperly influences the employee in the performance of his or her duties.
  • An apparent conflict of interest occurs where it appears that an employee’s personal interests could improperly influence the performance of his or her duties but in fact, this is not the case.
  • An employee should take reasonable steps to avoid or remove themselves from the real or apparent conflict of interest, whether it be a personal or financial interest.
  • Personal interest is an interest that an employee may have in a matter because it may involve family or other relationships, friendships, or positions in associations or other interests that may or may not involve financial gain or loss.
  • Financial interest is an interest that an employee may have in a matter because of the reasonable likelihood or expectation of appreciable financial gain or loss to the individual or to a relative or friend or affiliated association.
  • Conflict of interest has a strong link to the APS Code of Conduct, and serious breaches can be a criminal matter.
  • At times, any employee may become aware that a colleague or third party has a real or apparent conflict of interest impacting on the NDIA. Employees should bring this to the attention of their manager or, where appropriate, the colleague/third party directly.
  • As a manager, if you suspect or become aware that an employee has a real or apparent conflict of interest, you should have a conversation with them and take appropriate action. This could be having the employee complete a ‘Conflict of Interest – Disclosure Form’, notifying your manager, or escalating the matter to the People and Culture Division.

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What to consider

 It is vital to have a broad discussion about conflict of interest to develop a shared understanding of the issues and mitigate risk. Employees who wish to work with providers or in the disability sector pose a particular concern regarding conflict.

 Employees who are participants, or have immediate family who are participants, must follow relevant NDIA operating procedures for restricted participants.

 Employees wishing to engage in outside employment, including in a voluntary capacity, and who suspect there may be a real or apparent conflict of interest with their NDIA responsibilities, should seek approval to undertake these activities prior to commencing the outside employment, or as soon as practicable.

 All SES employees are required to provide an annual statement of their private interests to be assessed for potential conflict of interest.

 Contractors are required to advise of potential conflicts of interest as part of their contract.

 Maintaining public confidence in the integrity of our people and impartiality of our decisions is critical to our operations.

 The NDIA Risk/Fraud policy stipulates that if any employee suspects or becomes aware of inappropriate activity by scheme participants, providers or NDIA employees, they should report this.

Conflict of interest process

 An employee needs to advise their manager immediately if they believe that a conflict of interest will arise with their official duties by completing the Conflict of Interest – Disclosure Form.

 An employee must take immediate action to ensure that they remove themselves from the potential conflict of interest situation, including removing themselves from involvement in any related recommendation, approval or decision-making processes.

 An employee must advise their manager of any future change in their personal or financial circumstances that may affect the action already taken.

 As a manager you have the responsibility to balance the needs of the NDIA and the employee’s circumstances and determine whether:

o there is, or could be, a conflict of interest;

o it is reasonable and necessary to ask the person to dissociate from the interest;

o to change the person's duties or to transfer the person to other duties where there is a
  conflict; and

o if appropriate to allow the person to continue their current duties with or without some

alterations.

Version control

Version Action Consulted Date Approved
V1.0 Updated in template for new EA 20/4/2020 24/4/2020