When you perform your public duties as an employee it’s vital that your decision-making is impartial. This helps to:
This guide sets out what must happen if a conflict arises between your private interests and your public duties as an employee.
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:
Some organisations extend their policy to also cover, for example:
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.
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:
Always check and follow your organisation’s conflict of interest policy when applying this guidance.
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:
You must avoid conflicts of interest where possible.
But sometimes a conflict cannot be avoided.
If a conflict exists, you must follow these steps:
If you're a manager with direct reports, you should also:
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.
Definition of conflicts of interest and private interests.
Examples to help you identify and declare any private interests you may have.
Examples to help you identify and declare any conflicts of interest you may have.
A guide for employees and managers on how to identify a conflict of interest.
When and how to declare a conflict of interest and complete the form.
How to implement and follow a conflict of interest management plan.
The management plan for a conflict of interest will usually be based on one of the following key risk mitigation strategies, or a suitable combination of these ‘5 Rs’:
These strategies are listed from lowest to highest response level.
The approach taken will be proportionate to the risk.
Check your organisation’s policy in case it differs.
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 organisation will respond to alleged breaches of its conflict of interest policy in a manner that is consistent with the Act, the code, its policy and any other obligations that apply.
Its response will be fair, reasonable and proportionate.
In some cases, no action will be taken. In others, the matter will be dealt using a graduated approach.
Depending on the circumstances, this will be done:
A finding of misconduct may amount to a breach of the code of conduct. Serious misconduct can result in termination of employment.
Contractors may be subject to contract renegotiation or termination.
If a criminal offence has occurred, the Victorian or Federal Police may investigate and prosecute.
Your organisation must treat information and administer its policy in accordance with all relevant laws and other obligations, such as:
The Declaration and management plan form and the DOPI form will both have collection notices.
Speaking up about conflicts of interest can help to build a culture of integrity in your organisation.
You can do this by speaking up if you believe:
You can speak up by notifying your manager or similar person nominated in your organisation’s policy.
Alternatively, if you believe corrupt or improper conduct is occurring, you can make a complaint directly to the Independent Broad-based Anti-corruption Commission (IBAC) or the Victorian Ombudsman. Sometimes this can occur on a whistle-blower basis as a public interest disclosure.
In certain circumstances, your organisation will also report matters to IBAC.
Consistent with a culture of integrity, your organisation should always:
Guidance that may assist you includes:
Your organisation can choose to use the model documents we offer.
For example: