Introduction
The integrity of the Department of Justice and Community Safety (the department) is critical to its acceptance in the Victorian community as a provider of services for and on behalf of the community.
Conflicts of interests can seriously affect the integrity of the work of the department. Unmanaged conflicts undermine trust and confidence that department’s work is delivered fairly and transparently, without favour and without bias.
Purpose
This policy outlines the department’s approach to identifying and managing conflicts of interests including:
- the department's expectations for managing conflicts of interest
- guidance for identifying conflicts of interest
- guidance for keeping proper records
- guidance for managing conflicts of interest.
Scope
This policy applies to all departmental officials, which includes employees, contractors, consultants, volunteers and any individuals or groups undertaking activity for and on behalf of the department.
Statement of Policy
All departmental officials have a duty to put the public interest above their private interests when carrying out their official functions. They are expected to:
- identify, declare and manage conflicts of interest effectively
- apply good practice principles and incorporate the effective management of any conflicts of interest into their business as usual practices
- abstain from any decision-making process in which they could be compromised, or appear to be compromised
- report any conflicts of interest to the relevant manager as soon as they are identified, and record the details along with any associated management action
- record conflicts of interest on the approved standard departmental conflict of interest declaration and management form.
Guidance
Identifying competing or conflicts of interest
Departmental officials are best placed to identify if and when a conflict or potential conflict exists. They are at the coal-face of relationships and practices that can influence the delivery of public services.
Given the particularly sensitive nature of the work of this department, it is imperative that any actual, potential or perceived conflicts of interest are managed transparently and effectively. Having competing interests is not a problem in itself as long as it is identified and managed effectively.
Whilst conflicts of interests may occur in any part of the department, some functions and activities pose higher risks than others and may require increased vigilance. These high risk areas include recruitment, procurement, grant funding, regulation and working with offenders.
Some common circumstances that raise a conflict of interest include:
| Circumstance | For example |
|---|---|
| Relationships and family interests | When a relative or associate has a business that provides or could provide services to the department. |
| Recruitment | Where you are on a selection panel and interview someone you know. |
| Outside employment or volunteering | Where you are dealing with the same client group as the department does. |
| Favours | Accepting favours from people, even socially, that could be perceived to influence your professional judgement. |
| Procurement | Accepting gifts from a supplier that seeks to influence the management of the contract. |
| Private sector providers | Supporting informal agreements or exceptions to following official processes. |
| Membership of groups | When the interests of such a group are related to official business (for example, grant funding). |
| Working with offenders | Where you have a personal connection or relationship with that person. |
| Consensual relationships in the workplace | Where you have a consensual personal relationship with someone who you have a direct hierarchical relationship with. |
Reporting and Record keeping
The Conflict of Interest Declaration and Management Plan form is available on the DJCS Service Portal.
Employees must complete the form when they have identified an actual, potential, or perceived conflict of interest, and submit the Form to their manager.
Managers are responsible for ensuring appropriate management actions are recorded and followed.
Employees and managers can view the completed form in the DJCS Service Portal at any time.
Managing the risks
When a conflict of interest has been identified, managers should apply one or more of the following strategies and document it on the declaration form to ensure the integrity of official functions in their business area. Managers must review declarations and management plans at a minimum annually to ensure they remain effective.
| Strategy | Action |
|---|---|
| Register | Details of the existence of a possible or potential conflict of interest are formally advised and recorded on the department's conflict of interest digital declaration form. |
| Restrict | Restrictions are placed on the employee's involvement in the matter. |
| Recruit | A disinterested third party is appointed to oversee part or all of the process that deals with the matter. |
| Remove | The employee does not participate at all in the matter. |
| Relinquish | The private interest concerned is relinquished or the staff member resigns from their position. |
*Further guidance is provided on the declaration form.
Policy breaches
Failure to avoid or identify, declare and manage a conflict of interest in accordance with this policy could lead to disciplinary action including dismissal. Contractors may be subject to contract renegotiation, including termination. Additionally, actions inconsistent with this policy may constitute misconduct under the Public Administration Act 2004 and/or corrupt conduct under the Independent Broad-based Anti-corruption Commission Act 2011.
Speak up
Employees who consider that conflicts of interests within the department may not have been declared or managed appropriately should speak up and notify their manager or notify Integrity and Investigations.
The department will take decisive action against employees who discriminate against or victimise those who speak up in good faith.
Related policy and other documents
Public Administration Act 2004.
Privacy and Data Protection Act 2014.
Code of conduct for Victorian public sector employees of special bodies 2015.
Code of Conduct for Employees of Special Bodies 2015.
Victorian Public Sector Commission Guide to applying conflict of interest policy principles.
Fraud, Corruption and Other Losses Policy.
Managing Consensual Personal Relationships in the Workplace Guideline.
Speak Up guidelines.
Public Interest Disclosure – FAQ’s.
Declaration of Private Interests Policy.
Approval
This policy is issued under the authority of the Director, Integrity and Investigations and is subject to annual review or as required.
The contents of this document represent the current policy of the department and reflect its current practices and experience.
Contact
To make inquiries relevant to this policy, contact the Integrity Culture team via email: integrity.culture@justice.vic.gov.au (External link).