Declaration and Management of Conflicts of Interest Procedure
Purpose
The purpose of this procedure is to describe how staff of the Office of the Information Commissioner (OIC) make annual declarations of interest and agree a management plan for any identified conflicts of interest.
Application
This procedure applies to all OIC workers, including:
- permanent, fixed term temporary, full-time, part-time, casual staff, including secondment or interchange arrangements.
- statutory office holders.
- anyone who works in any other capacity for OIC, including labour hire, contractors, and internships.
For the purposes of this procedure, the above will be referred to as employees and/or staff.
Procedure
All staff are to make annual declarations of personal interests and ensure these declarations are routinely updated as circumstances arise.
Please note there are separate disclosure processes relating to significant procurement processes, and to recruitment and selection (panel members).
What to disclose
When to disclose
If circumstances regarding a staff member’s declarable personal interests change during the year, the staff member must make a further disclosure as soon as practicable.
Staff must also proactively raise any matters which may pose an actual, potential, or perceived conflict of interest with their manager or supervisor as soon as they become aware of the issue.
How to disclose
Each staff member must make an annual declaration of their declarable personal interests for consideration and discussion with their supervisor or line manager using the Annual Declaration of Interests form.
Staff can use the conflicts of interest self-assessment checklist to assist in making a self-assessment of whether there is an actual, perceived, or potential conflict of interest, noting it is not an exhaustive list.
Any declarable personal interests identified outside of the annual disclosure cycle, or that change during this cycle, must be also disclosed as soon as practicable using the Change to Annual Declaration of Interests form.
Types of disclosures
Annual declaration
Change to annual declaration
At any time during the year, staff must complete the Change to Annual Declaration of Interests form if circumstances change or situations arise which require a further assessment and discussion regarding the staff member’s conflict of interest management plan. The manager will record and seek advice from the relevant ELT member whether a change is, or is not, required to an existing management plan.
Process after disclosure
Recording and managing conflicts of interest
The management plan must be endorsed by the staff member’s line manager and approved by the relevant ELT member.1
Management plan strategies
Conflicts of interest resolution and management strategies include, but are not limited to:
Register - Details of the existence of possible or potential conflicts of interest are formally registered. Strategy for dealing with low-risk and potential conflicts of interests.
Restrict - Restrictions placed on involvement in the matter. Strategy for when staff member can effectively be separated from the activity and conflict of interest is not likely to arise frequently.
Recruit - Objective third party asked to oversee part or all of the process. Suitable where potential/perceived conflicts of interest are more significant and/or sensitive.
Remove - Staff member is removed from the matter. Most appropriate for ongoing conflicts of interests where ad hoc strategies of restrict and/or recruit are not feasible or appropriate.
Refuse – Staff member refuses an invitation. Appropriate for a conflict of interest where the strategies of restrict and/or recruit are not feasible or appropriate.
Relinquish - Staff member elects to relinquish private interest that is creating the conflict. Consider where commitment to public duty outweighs attachment to private interest.
Resign - Staff member elects to resign from their position at OIC. Most extreme outcome; to be considered when the conflicts of interest cannot be resolved.
Register of management plans
Each ELT member has a register relating to staff in their work group. The purpose of the register is to allow quick checking of conflicts of interest. The following information is included in the register:
| Staff member’s name | Manager’s name | Date conflict of interest / change in interest identified | Brief description of conflict of interest / change in interest | Date of management plan (or revocation) approved by relevant ELT Member | Brief details of management plan / revocation | Review date |
The register and associated forms i.e. annual declaration of interests, change to annual declaration of interests and the management plan for identified conflict of interests, will be kept in a secure location, and accessed only by the relevant ELT member, the Information Commissioner, and human resources.
Implementing plans
The management plan, or relevant details of its contents, will be made available to relevant OIC staff only when a business need presents. Examples of a business need include but are not limited to, the staff member allocates work to the staff member with the conflict of interest, to avoid inadvertent or inappropriate sharing of information that may advance or promote the conflict or a change in reporting relationship.
Other declarations
As part of OIC’s operations, there will be times when a staff member will be required to make a declaration in addition to the annual declaration process. This includes, but is not limited to, recruitment and selection, audit and evaluation, and procurement.
Handling of personal information
Unless required by law, access to declarations of interests and management plans is limited to the employee, the relevant ELT member, the Information Commissioner, Human Resources, and a person who is required to access the information in the performance of their duties.
Roles and responsibilities
Information Commissioner
- Oversee identified conflicts of interest and management plans within OIC.
- Monitor compliance with the management plans, ensuring necessary adjustments are made to uphold the integrity of OIC’s operations.
ELT Members
- Provide clear direction so staff can seek assistance where unsure about a possible conflict of interest or how to manage a conflict of interest. 2
- Consider any identified conflicts of interest and any plans for their management presented for consideration and if considered reasonable and appropriate, provide authorisation to participate in or continue participating in a matter despite an identified conflict of interest subject to an approved management plan.
- Ensure that records, registers and reporting regarding declarable personal interests, identified conflicts of interest and approved management plans are kept securely and shared only on a ‘need to know’ basis as outlined in this procedure
Line managers and supervisors
- Ensure OIC staff under their supervision are aware of their obligations relating to disclosureof declarable personal interests and effectively managing conflicts of interest under this policy.
- Engage in discussions with each OIC staff member they supervise to identify any conflicts ofinterest that reasonably arise from -
- the staff member’s annual declarations of interests and any addendums
- an involvement, association or connection (other than a declarable personal interest)that the line manager is or becomes aware of.
- When a conflict of interest is identified, discuss this with the OIC staff member and developa management plan to either manage or resolve the conflict.
- Provide completed management plans to the relevant ELT member for review andauthorisation.
- Ensure relevant details of the management plan is communicated to relevant staff whenrequired in the performance of their duties.
- Ensure the management plan is adjusted or revoked as required.
- Ensure the relevant ELT member is notified of a request to update the management plan ifcircumstances change.
Human Resources
Maintain a clear policy and procedure to manage the disclosure of declarable personal interests and conflicts of interest.*Assist ELT members in the administration and management of the central register of COI management plans.*Provide guidance and support to all staff relating to the application and interpretation of this procedure and the Declaration and Management of Conflicts of Interest Policy.
All OIC Staff
- Identify and disclose all declarable personal interests in accordance with this policy and the procedure made under it.
- Actively participate in discussions with their line manager to identify any of conflicts of interests that reasonably arise from their:
- annual declarations of interests and any addendums
- involvements, associations or connections (other than a declarable personal interest).
- When a conflict of interest is identified, engage with their line manager to develop a management plan to either manage or resolve the conflict.
- Adhere to any agreed management plan and, if concerned that work is allocated to them contrary to a plan, raise this with their line manager.
- Disclose any change in interest and engage with their line manager to adjust or revoke a management plan as required.
Related policies, procedures or guidelines
Declaration and Management of Conflicts of Interested Policy
Annual Declaration of Interests – Form 1
Declaration and Management of Conflicts of Interest Procedure | December 2024
Declaration and Management of Conflicts of Interest Procedure | December 2024 Page 5 of 6
Change to Annual Declaration of Interests – Form 2
Management Plan for Identified Conflict of Interest – Form 3
Conflicts of Interest Declaration Form – Recruitment and Selection
Gifts Benefits and Hospitality Policy
Procurement Policy and Plan
Office of the Information Commissioner Instrument of Human Resource Delegations
Applicable legislation, standards or requirements
Public Sector Act 2022 (Qld)
Public Sector Ethics Act 1994 (Qld)
Public Records Act 2023 (Qld)
Code of Conduct for the Queensland Public Service
Declaration of interests – public sector employees excluding chief executives (Directive 03/24)
Declaration of interests – Chief Executives of departments (Directive 05/24)
Definition/glossary of terms
| Conflict of interest | A situation in which the personal interests of an OIC staff member conflict with the interests of OIC in a way that could improperly influence or reasonably be perceived to improperly influence the performance of official duties and responsibilities. |
| Conflict of interest management plan | A management plan agreed with by an OIC staff member manager and relevant ELT member to manage any identified conflicts of interest. |
| Declarable personal interest | Personal matters or interests which may have a bearing on or may be perceived to have a bearing on an staff member’s ability to properly and impartially discharge their duties or perform their activities for OIC. |
| Staff or employee | All OIC workers including permanent, temporary, secondment or interchange arrangements, labour hire, interns and Commissioners. |
| Relevant ELT member | ELT member who heads the relevant work group or team. |
1 Under the Public Sector Act 2022 only the relevant ELT member (or their delegate/s) may provide authorisation for a staff member to participate in or continue participating in a matter despite an identified conflict of interest, subject to a management plan.
2 Note – as statutory officers holders, the commissioners are ‘designated officers’ for the purpose of the Integrity Act 2009 (Qld) and as such may request advice from the Integrity Commissioner an ethics or integrity issue, including a conflict of interest issue.