Conflict of interest policy

Integrity and impartiality

• Employees must identify and declare an interest that could influence, or be seen as influencing, the performance of their duties
• COI issues must be resolved or appropriately managed in favour of the public interest
• Employees must demonstrate a high standard of workplace behaviour and personal conduct
• Employees must provide advice, make decisions and act in ways which are objective, independent, and impartial

Promoting the public good

• Employees must act ethically and use public resources to develop and deliver services to the community on behalf of government.

Commitment to the system of government

• Employees are aware of their obligations and are committed to the highest standards of integrity and conduct at every level
• Employees accept and value their duty to uphold the system of government and the law of the State, Commonwealth and local government
• The department is committed to effecting official public sector priorities, policies and decisions professionally and impartially

Accountability and transparency

• The department provides a clear and realistic description of what circumstances and relationships are likely to lead to COI for those in the department and the public sector
• Employees will use public resources in an effective and accountable way
• Employees, know what is required of them in relation to identifying and declaring COI
• Employees, have access to relevant and effective strategies to manage COI appropriately
• The department implements procedures to allow employees to disclose their interests and manage COI in a transparent manner
• The department takes appropriate disciplinary action to address any breach of COI requirements
• Employees make and maintain records of COI identification, declaration and management
• Employees make transparent, ethical and impartial decisions

Change in interest

In accordance with clause 5.5 of the PSC Directive 3/10 Declaration of Interest  – Public Service Employees (other than departmental Chief Executives):

Change in interest means where the employee’s interests change to the extent that the potential for a conflict of interest is altered.

Change in interests may include:

• any significant change in the interests about which information is required including acquisition, divestment or an altered relationship in the interest; or
• a significant change in the official responsibilities of the public service employee.

Conflict of interest

In accordance with s186 of the Public Service Act 2008 (Qld):

• Involves an interest that conflicts or may conflict with the discharge of the employee’s duties.

In accordance with the department’s Standard of Practice:

• A COI can occur when an employee has, or is seen to have, a private interest, either financial (pecuniary) or non-financial (non-pecuniary), which conflicts or may conflict with the discharge of the employee’s official duties.

Types of COI:

• An actual COI involves a direct conflict between a public service employee current duties and responsibilities and existing private interests
• A perceived or apparent COI can exist where it could be perceived, or it appears, that a public official’s private interests could improperly influence the performance of their duties – whether or not this is in fact the case
• A potential COI arises when a public service employee has a private interest that could conflict with their official duties in the future.

Corrupt conduct

Section 15 of the Crime and Corruption Act 2001 (Qld) defines corrupt conduct.

The department’s Standard of Practice states that corrupt conduct is conduct by a person that adversely affects, or could adversely affect a unit of public administration or a person holding an appointment within that unit in a way that is:

• not honest or not impartial or
• involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly or
• involves the misuse of official information or material.

To meet the definition of “corrupt conduct”, the conduct in question, if proven, must also amount to either a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services.

Employees

In accordance with s9 of the Public Service Act 2008 (Qld), public service employees:

• A person is a public service employee if the person is employed under this Act as:
  • a public service officer; or
  • a general employee; or
  • a fixed term temporary employee; or
  • a casual employee.
• Public service employees are employees for the Industrial Relations Act 2016 (Qld) (subject to section 217 of the PS Act, which excludes particular matters from the concept of industrial matter).

Interest

In accordance with PSC Directive 3/10 Declaration of Interest – Public Service Employees (other than departmental Chief Executives):

Anything that can bring a benefit or disadvantage to an individual, or to others whom we may wish to benefit or disadvantage. Interests may be financial or non-financial.

Financial interests (pecuniary)

Involve an actual or potential financial gain or loss. Money does not have to change hands for an interest to be financial.

Non-financial interests (non-pecuniary)

May arise from personal or family relationships or involvement in sporting, social, community or cultural activities. They include any tendency toward favour or prejudice resulting from friendship, animosity or other personal involvement that could create bias in the making of a judgement or decision. They also include the personal, professional or business interests of individuals or groups we associate with.

Manager

In accordance with the department’s Human Resource Delegation Manual (DoE employees only), a Manager is defined as a person holding a delegation to make a determination on matters to which this policy relates.

Misconduct

In accordance with s187(4) of the Public Service Act 2008 (Qld):

• inappropriate or improper conduct in an official capacity; or
• inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public service.

Other employment (including volunteering)

In accordance with the department’s Notification of other employment procedure:

• paid employment as an employee or contractor, self-employment, involvement in a private business or partnership, the provision of paid consultancy service as a company director
• unpaid work (for example work experience) and/or
• volunteering.

Either on a full-time, part-time or casual basis, performed by an employee including during absences of approved leave, in:

• the Queensland public sector or other government jurisdictions
• the private sector, whether for a private company or business or owner of, or directorship of a company, trading trust of partnership
• working as an independent contractor
• self-employment.

Other employment does not include the ownership and investment in shares in a publicly listed company or investments in rental properties or similar activities.

Public interest

Section 26(1)(h) of the Public Service Act 2008 (Qld) states an employee’s work performance and personal conduct must be directed towards acting honestly fairly and in the public interest.

The department’s Standard of Practice defines public interest as:

Acting lawfully and/or in accordance with government policy under the direction of the Minister.

In the absence of legal or policy frameworks, it means acting for the common good of the entire community — not the sum of individual interests nor the interest of a particular group.