Declaration and Management of Conflicts of Interest Policy

Purpose

The purpose of this policy is to outline:

• the matters that Office of the Information Commissioner (OIC) staff must disclose if they have a bearing on, or may be perceived to have a bearing on their ability to properly and impartially discharge their duties
• the approach and management of identified conflicts of interest, whether actual, potential or perceived.

Overview

OIC is an integrity agency. Its reputation and ability to effectively gain and maintain public trust in its work depends on impartiality, transparency, objectivity, and honesty. Staff must meet the highest standards of conduct and be beyond reproach. To that end, it is the intent of this policy to protect OIC and its staff from accusations of impropriety by systematically identifying conflicts of interest, using declarations of interest to proactively do so where possible, and managing identified conflicts.

Application and scope

This policy applies to all OIC workers, including:

• permanent, fixed term temporary, full-time, part-time, casual staff, including those on a secondment or interchange arrangements
• statutory office holders
• anyone who works in any other capacity for OIC, including labour hire, contractors and interns.

For the purpose of this policy and associated procedure, the above will be referred to as employees and/or staff.

This policy broadly aligns with the Public Sector Commission Directive Declaration of interests – public sector employees excluding chief executives (Directive 03/24) but the role of OIC as an independent integrity agency requires some variation in approach to ensure that the role of Officer of Parliament can be impartially discharged.

Policy statement

All staff will make, and keep up to date, annual declarations of interests held by such staff, their partner and/or dependents, about which the staff member has knowledge, and which have a bearing on, or may be perceived to have a bearing on the ability of the staff member to discharge their duties at OIC. The matters to be declared are set out in the Declaration and Management of Conflicts of Interest Procedure.

Declared interests will be discussed and managed in accordance with this policy and the Declaration and Management of Conflicts of Interest Procedure.

Principles

Transparency

The Information Commissioner as an Officer of Parliament has directed that all OIC staff make annual disclosures of interests to ensure that conflicts of interests are identified, documented, and managed effectively and transparently.

Integrity and impartiality

Effective disclosure of interests and management of conflicts of interest promotes public trust and confidence in OIC as an integrity agency advances confidence in the robustness and impartiality of decisions and actions taken by staff.

Accountability

Staff are accountable as public sector employees for the impartial, objective, and fair discharge of their duties and activities and recognise that disclosure of interests and effective management of conflicts of interest serve the public interest.

Roles and responsibilities

Information Commissioner

• Responsible for overseeing 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 interest¹.
• 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 as outlined in the Declaration and Management of Conflicts of Interest Procedure.

Line managers and supervisors

• Ensure staff under their supervision are aware of their obligations relating to disclosure of declarable personal interests and effectively managing conflicts of interest under this policy.
• Engage in discussions with each staff member they supervise to identify any conflicts of interest 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 staff member and develop a management plan to either manage or resolve the conflict.
• Provide completed management plans to the relevant ELT member for review and authorisation.
• Ensure the management plan is communicated to relevant staff in accordance with the
  Declaration and Management of Conflicts of Interest Procedure, and adjusted or revoked as required if there is a change in the staff member’s interests.
• If a management plan is communicated to relevant staff, provide details to Human Resources for the purpose of record keeping.

Human Resources

• Maintain a 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 a copy of Annual Declaration of Interests – Form 1
• Provide guidance and support to all staff relating to the application and interpretation of this policy and the Declaration and Management of Conflicts of Interest Procedure.

All OIC Staff

• Identify and disclose all declarable personal interests in accordance with this policy and the Declaration and Management of Conflicts of Interest Procedure.
• 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 immediately.
• Proactively disclose any change in interest and engage with their line manager to adjust or revoke a management plan as required.

Associated policies, procedures or guidelines

Declaration and Management of Conflicts of Interest Procedure
Annual Declaration of Interests – Form 1
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

Associated legislations, 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)

Definitions/glossary of terms

¹ Note – as statutory office 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.