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22. Definition of conflict of interest
22.1 Real or perceived conflicts of interest exist when it is likely that a staff member could be influenced or could be perceived to be influenced by a personal interest when performing their official function. Conflicts of interest may lead to biased decision making, which may constitute corrupt conduct.
22.2 Some situations which may give rise to a conflict of interest affecting performance of official duties include:
22.3 A person may create a conflict of interest for another person. For example, if a person with a conflict of interest passes the decision making responsibility to a subordinate, then a conflict of interest may be created for the subordinate (i.e. should they try to please the supervisor or make a fair decision).
22.4 If one were able to approve a privilege or benefit to oneself (such as leave, allowances, travel, training, private use of resources and private employment) it would create a conflict of interest and so is not allowed.
23. Duties of staff with respect to conflict of interest
23.1 Staff are required to: avoid conflicts of interest if possible, and avoid creating conflicts for others - disclose in writing to their supervisor any perceived or actual conflict of interest as soon as they become aware that there is or may be a potential conflict, and where there is a change of supervisor, to notify that person of the conflict and the means being used to manage it - (with their supervisor) resolve or otherwise manage the conflict and document how this was achieved - disclose to the convenor of a selection panel and/or other person appointing them to the panel if as a member of that panel, they have a conflict of interest arising from the work of the panel.
24. Resolution of conflicts of interest
24.1 To resolve or manage a conflict of interest which occurs or could occur, a range of options are available depending on the significance of the conflict. These include:
25. Gifts, benefits and the risk of compromise
25.1 The receipt of gifts and benefits can compromise staff in that they may be perceived to be unable to make unbiased decisions in the future with respect to the person or organisation that was the source of the gift or benefit.
25.2 Staff must not solicit or accept for themselves or for another individual, a gift or benefit that is intended to, or is likely to, or could be perceived to cause them to be biased in the course of their duties.
25.3 Staff may accept a personal gift of little value ($50 or less) of a type generally used by the donor for promotional purposes, or moderate acts of hospitality, only if there is no additional cost to Globusz.
25.4 Gifts of a value greater than $50 must not become personal property. They should either be politely refused or become the property of Globusz and the donor advised accordingly. Where the gift has been accepted, the staff member should refer the gift to their principal or manager for appropriate recording and determination how the gift will be treated. Depending on the nature and value of the gift, it may be appropriate to record the gift in the asset register as a donation or other such record established for that purpose.
25.5 Staff sometimes win prizes of monetary value from other organisations in the course of their work. Such prizes are usually the property of Globsuz. Staff winning prizes should notify their principal or manager who will determine how the prize will be treated. Again, inclusion in the asset register should be considered, depending on the nature of the prize.
25.6 Staff who are offered hospitality that is immoderate ($50 or more) have several options. These include refusing the offer, paying their own way (eg at a restaurant), seeking less lavish hospitality, or if that is not feasible and attendance is in the interests of Globusz, attending but notifying their supervisor of the occasion and the risk of being perceived to be compromised.
25.7 If a staff member is offered a bribe (i.e. anything given in order to persuade a person to act improperly) they must refuse it, explain why it is not appropriate, and immediately report the matter to a senior line manager. Any attempt to bribe a staff member, or the acceptance of a bribe, is an act of corrupt conduct and must be reported to the CEO/President, Employee Performance and Conduct. In certain circumstances it might also be a crime.
25.8 All senior executives as well as staff who are making or may make decisions affecting individuals or companies (including staff selection, tender selection or disciplinary processes) or who have access to sensitive information, should be particularly aware of improper attempts to influence them. Offers of gifts, benefits or unnecessary hospitality from individuals or companies who are bidding for work, who have existing contracts or who are likely to seek new contracts, should be refused with an explanation that acceptance is contrary to this Code and could jeopardise their future dealings with Globusz.
25.9 Staff should take care not to offer gifts or benefits of more than little nominal value to public officials as this could be perceived as an attempt to improperly influence them.
25.10 From time to time commercial organisations offer to departmental staff, gratis or subsidised invitations to attend intrastate, interstate and overseas conferences, seminars and other promotional activities. Such offers would need to be discussed with the recipient’s supervisor and the following probity issues addressed:
What does the commercial organisation hope to achieve by the offer?
Would acceptance of the offer imply some actual or perceived obligation on the part of Globusz towards that organisation?
Would attendance be justified if Globusz had to meet the cost? and
Could the invitation be perceived by commercial competitors as providing the inviter with an unfair commercial advantage?
25.11 Globusz approval delegate will need to decide whether acceptance of the invitation is justified in terms of the public interest to obtain first- hand information about a current or potential supplier’s goods and services. If the delegate decides that attendance is justified, it is preferable that the costs be met by Globusz. If the expenditure is not justified by the potential benefits of attendance, the fact that someone else is offering to pay will not create the justification.
26. Additional advice for casual and part time staff and contractors
26.1 Casual or part time staff and contractors are likely to have other employment. In some situations this could create a conflict of interest. This real or potential conflict should be discussed with the supervisor or person entering into the contract on behalf Globusz and steps taken to resolve or manage it.
26.2 Contractors owe their first allegiance to their own company and its profitability.
Therefore they are not to be placed in positions where they would be expected to safeguard Globusz’s interest at the expense of the interests of their company. For example, it would be unreasonable to expect a contractor to undertake an activity which could have a negative impact on another client of their own company.
26.3 Contractors cannot be given delegated authority to incur expenses.
They can recommend that expenditure be incurred, but only permanent staff can be delegated authority to approve and authorise the expenditure. This includes all expenditure decisions relating to purchasing, leasing, recruiting and contracting.
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