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Conflict of interest

Workplace support Services & topics Conflict of interest

Conflicts of interest, gifts and benefits

The University’s expectations of staff in actively disclosing and managing conflicts of interest, and declaring gifts and benefits are detailed in the Conflict of Interest Policy and this guidance material developed to assist staff in meeting these expectations.

In accordance with the Conflict of Interest Policy, staff must actively assess their circumstances, interests and relationships and use the University’s Conflict of Interest registration form to declare:

  • actual and potential or perceived conflicts of interest
  • any foreign financial support, associations with a foreign-sponsored talent program, foreign university, government, political party or state-owned enterprise/organisation (see s.4.3 of the policy)
  • all outside employment and any affliliation with another university or education institution (see s.4.3 of the policy)

Staff must also use the Gifts and Benefits registration form to declare any gifts or benefits (including hospitality) they accept or provide that exceeds $50 in value.

The supervisor’s role is to determine how such conflicts are to be mitigated or managed and to record this using the registration form.

What is a conflict of interest?

The University acknowledges that conflicts of interest will arise from time to time. It is essential that such conflicts are delcared and managed when they occur.

Conflicts of interest may be actual, potential or perceived. The key to testing if a conflict of interest exists is to ask whether ability to fulfil your duties and responsibilities to the University honestly, impartially and without any improper influence could be affected by a personal or professional interest or relationship, or whether a reasonable person might perceive  this to be the case.

Why do I need to declare a conflict of interest?

Declaring a conflict ensures appropriate transparency and protects both you and the University.

Conflicts of interest — whether actual, potential or perceived — must be identified, declared and managed when they occur.

Declaring a conflict of interest through the University Conflict of Interest registration form provides a way for your supervisor to respond to your proposed strategy for managing the declared conflict.

How do I declare a conflict of interest?

You should declare conflicts to your supervisor using the University’s Conflict of Interest registration form

If you do not access to the form (or access is highly impractical), you may, by agreement with your supervisor, make a declaration by email or other written form.

If you are unsure if a particular situation, circumstance or relationship creates a conflict of interest, or a perception of a conflict, you should err on the side of caution and make a declaration to your supervisor.  

Supervisors must respect the confidentiality of staff declaring a conflict of interest in cases where the declaration is of a personal or sensitive nature.

If the declaration only relates to a committee process, the committee minutes or notes are a sufficient record.

You need to make a declaration via the form if the conflict is relevant to your employment at the University more generally.

The registration form provides a means for supervisors to respond to your proposed strategy for managing the conflict.

How do I manage a conflict of interest?

The approach to managing conflicts, actual, potential or perceived, will vary depending on each specific situation.

Key strategies to manage a conflict of interest are:

  • limiting your involvement in the matters associated with the conflict
  • removing yourself from any involvement in the matters associated with the conflict
  • giving up your private interest so that the conflict no longer arises or exists. 

There will be occasions when making a declaration is in itself a sufficient management strategy as this will address any perception of lack of transparency.

See examples of  Conflict of Interest and Management Strategies for further guidance.

Quick links

     Conflict of Interest policy  Examples of Conflicts of Interest and Management Strategies  Conflict of interest registration form  Gifts and benefits registration form  Risk management  Legal services

Guidance for staff

Close personal relationship

Student related activities

  • As a staff member you must not be involved in the following types of activities concerning students with whom you are, or have been, in a close personal relationship:
    • selection for any undergraduate or postgraduate course offered by the University
    • assessment
    • recording of results and grades
    • selection for any prizes or scholarships (or other funds, including travel assistance)
    • honours supervision
    • supervision of a graduate student
    • decision-making processes regarding academic progress and preclusion
    • compliants procedures, appeals and disciplinary matters
    • other decision-making processes where a potential for conflict exists
  • If a student related to you or with whom you have some other type of close personal relationship enrols in a class you teach in, you should declare this relationship and ensure you have no involvement in assessment or any other activity where a decision is made about that student.  The extent of relationship or connection may become a matter of judgement.  For example, if the student is a child of a close friend you should discuss the matter with your supervisor and decide what course of action is appropriate.  In such a case, disclosure is advisable to ensure transparency even if no further action is deemed necessary.

Peer related activities

  • If you have, or have had, a close personal relationship with a fellow staff member in your work area, this fact should be declared to your supervisor and you must not become involved in any decision-making process related to that staff member e.g recruitment, conditions of employment, performance management, promotion, academic status, grievance, misconduct or disciplinary matters.
  • You must not be involved in a determination about an award (e.g. teaching award) or other form of recognition if a fellow staff member with whom you have a close personal relationship with is under consideration for the award.
  • You must not undertake a peer assessment (including peer review of an article submitted for publication) activity in relation to a person with whom you have a close personal relationship.

Research related activities

  • Researchers must not be involved in the following types of activities if a person with whom they have a close personal relationship could be affected by the outcome of the decision-making process, or if they themselves would benefit from a particular outcome of the decision making process:
    • allocation of grant funds (including peer review of applications)
    • granting of ethics approval
    • breach of research integrity processes
    • other decision-making processes where a potential for conflict exists
  • If you are a member of a panel or committee responsible for allocating research funds you must make a declaration if a potential recipient of those funds is someone with whom you have a close personal relationship.  Declaration may be deemed sufficient to ensure transparency and mitigate the risk of biased decision making.  Alternatively you may be required to withdraw from that role.

Finance/procurement related activities

  • If you have a close personal relationship with a University supplier or potential supplier you must not be involved in any tender or other procurement process involving that supplier.
  • You must not approve a payment to a supplier with whom you have a close personal relationship.
  • Where two staff members have a close personal relationship to each other they must not both be able to approve a financial transaction that requires dual approval.

HR related activities

  • You must not supervise a person with whom you have a close personal relationship.  Staff members who have a close personal relationship to each other and who work in the same area should disclose the nature of the relationship to their supervisor.
  • You must not be involved in a recruitment or promotion process in which a person with whom you have a close personal relationship is being considered for appointment or promotion, or where you have authority to make the appointment decision.  The extent of relationship or connection may become a matter of judgement.  For example, if the applicant is a child of a close friend you should discuss the matter with the Chair of the selection/promotion committee and decide what course of action is appropriate.  In such a case, declaration is advisable to ensure transparency even if no further action is deemed necessary.
  • You must not be involved in any process related to alleged misconduct concerning a person with whom you have a close personal relationship.
For further guidance please refer to the Examples of Conflicts of Interest and Mitigation Strategies.
Financial
  • If your financial interests, or those of someone with whom you have a close personal relationship, would be affected by the outcome of a tender or procurement process (either positively or negatively) you must not be involved in that process.
  • You must not authorise a payment to a supplier if you have a financial interest associated with that supplier.  Nor should a staff member you supervise authorise the payment.
  • Researchers must not be involved in a decision-making process relating to the selection of a contractor to conduct research if they have a financial or other interest in a company being considered, or they would benefit by a particular outcome of the decision making process.
  • Researchers must declare any financial relationship they have with a sponsor of research or a company that would be impacted (positively or negatively) by the findings of the research being conducted.  The conduct and outcomes of the research must be independent of the interests of the research sponsor.  Judgement will need to be exercised as to whether declaration is sufficient or whether further action, such as not participating in the research, is warranted.
Foreign Interactions
  • You must declare any of the following arising from foreign interactions;
    • any foreign financial support (cash or kind) for research and/or any other University-related activities
    • current and past associations or affiliations with a foreign-sponsored talent program
    • current associations or affiliations with any foreign university, government, political party, state-owned enterprise, military and/or police organisation.
Outside/prior employment
  • Outside employment must only be undertaken in accordance with the University’s Outside Professional Activities Policy and you must ensure that:
    • the time spent on non-University activities does not compromise your capacity to meet your employment obligations to the University, and
    • there is no conflict between your different roles that would compromise your duty to the University – this includes not disclosing any confidential information except with the consent of the University, not using the University’s name or resources for private or third-party gain, and not taking any action that would have an adverse effect on the University’s interests.
  • You must declare any employment other than with or for the University, and any prior employment relationship that might be perceived to represent a conflict of interest in relation to your University employment.
Affliliations/associations with outside organisation
  • You must declare any academic or other affliliation or status with any other University or education institution
  • You must declare any membership or association with an outside organisation that might cause, or be perceived to cause, a conflict with your duties and obligations as a University employee.  Examples include directorships (both commercial and not for profit), or association with an organisation that has a relationship with the University and where you might have the capacity to influence the nature of this relationship.
Receipt of gifts and benefits

The following guidance relates to accepting or providing gifts and benefits from/to third parties to staff in their capacity as an employee of the University (as opposed to gifts, donations and bequests that are accepted on behalf of the University).  In some cases a supervisor may require that a gift to an individual is treated as a gift to the University rather than being retained by the staff member. 

Gifts include the following:

  • general gifts, e.g. flowers, wine, chocolates, gift baskets, small token items;
  • corporate merchandise;
  • promotional products, samples etc;
  • souvenirs;
  • hospitality, e.g. dinners, theatre tickets, sporting events;
  • attendance at sponsored corporate events, including travel and accommodation; and
  • other travel if paid for by a third party and is not of the type described in the paragraph below.

Not all travel is considered a gift for the purposes of requiring declaration and approval.  Examples of travel that is not considered a gift include: when the travel is funded as part of a research grant or is paid for by another university/organisation for work falling within the staff member’s normal teaching, research or other employment duties; travel awarded as a prize for academic achievement; travel associated with presentation at a conference of an academic or other professional group where there is an independent conference organising committee and the presentation relates to the staff member’s University employment. 

It is customary in some industries to give gifts or offer invitations to events, particularly during the festive season.  These must not be accepted if doing so would create a perceived conflict of interest.  When such gifts are accepted, either because no perception of conflict would arise or because it would be inappropriate to refuse, staff should consider sharing them amongst the office group where possible.  Providing or accepting of such gifts must be delcared via the registration form when the value exceeds $50, and pre-approved if the value is $250 or more or, in the case of gifts of a lower value, where the gift recipient opts to do so in the interests of transparency.

Guiding principles

  • Staff must not solicit, offer or accept a gift and/or benefit (regardless of its value) that could reasonably be perceived as having been provided with the intent of influencing the staff member in carrying out their duties to the University.
  • In assessing the ethics of accepting gifts or benefits staff should consider the nature, value, frequency and the purpose of the gift and/or benefit that is being offered.
  • There will be cases where judgement needs to be exercised but in any case where doubt exists as to whether there might be a perception of conflict of interest in providing/accepting the gift/benefit it should not be provided/accepted.
  • Context is important.  For example, accepting a gift from a student at the completion of their studies is much less likely to be perceived as a conflict than accepting a gift during the period that work is being assessed or a gift from a student’s family during an admissions process.
  • It is acknowledged that, in some circumstances, it may cause offence to refuse a gift.  However, if there is any concern that accepting the gift could lead to a perception of a conflict of interest, the staff member must declare this acceptance, and seek pre-approval if the estimated value or the gift is $250 or over. 
  • A gift of cash or the equivalent of cash (e.g. gift vouchers, cheques, travellers’ cheques, direct deposits to a bank account) must never be accepted.
  • A gift must not be accepted during a procurement process by any staff member involved in determining or influencing the outcome of that process (this includes requests for quotations as well as tender processes).
  • Staff must not accept gifts from or on behalf of individuals or organisations involved in an application for enrolment or employment.
  • Whilst staff are able to accept gifts valued at less than $250 without supervisor approval, staff may still opt to declare such gifts in the interests of transparency. Any gift or benefit accepted or provided that exceeds $50 in value must be declared.
Other types of conflict of interest

Public comment

  • You have a right to express views as private citizens but there must be no inference made in such cases that the views are being expressed on behalf of the University.

Commercialisation/Intellectual Property

  • You must not seek to gain personal advantage from knowledge acquired through employment at the University, except via the University’s policies and procedures relating to intellectual property and commercialisation

See example of Conflict of Interest Management Strategies for further guidance

Have questions?

If you have any questions contact Governance, Legal and Risk

08 8201 7721

legal@flinders.edu.au

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Last Updated: 16 Dec 2021
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