Conflicts of interest explained

Conflicts of interest can be actual, potential or perceived.

Actual

These conflicts currently exist between your personal and professional interests. An example is being on an interview and selection panel where you have a personal relationship with one of the candidates.

Potential

This type of conflict does not currently exist but there are factors that have the capacity to develop a conflict. For example, your committee makes funding decisions that may impact the course your child is enrolled in.

Perceived

Those where it might appear to others that your behaviour has been or could be influenced by your personal interests. An example is if a student is a family friend, others may think this could influence the way you will teach, assess or support them.

All conflicts of interest are either direct or indirect.

A direct conflict of interest is when you are likely to be personally affected if a matter is decided or actioned in a particular way.

An indirect conflict of interest is when a relative or close associate has an interest in something that you can influence, action or decide on.

Personal interests are generally divided into two types:

Pecuniary interests

Pecuniary interests involve potential financial gain or loss. Money does not have to exchange hands to be a pecuniary conflict of interest. You may have a pecuniary interest if you:

• own property
• have investments in an organisation
• receive benefits of some kind which may influence your decisions at work.

For example, the desire for promotion.

Pecuniary interests are also referred to as 'monetary interests' or 'material personal interests'.

Non-pecuniary interests

Non-pecuniary interests are personal interests that do not involve a financial component. They are personal relationships with:

• family
• friends and associates from clubs
• sports teams
• cultural activities.

Non-pecuniary conflicts of interest can be prejudice due to a personal relationship (e.g. friendship or animosity) which leads to a bias in judgement or decision, even though there is no financial benefit.

Professional interests include the generic and specific duties of all Charles Sturt staff. An example of a generic duty is maintaining confidentiality of information.

A specific duty is one required by the position you hold within the University. Examples include the procurement of goods and services or participating in recruitment and selection of new staff.

There are many different contexts in which a COI may arise while carrying out your generic and specific duties within the University. These include:

Direct interests

You are likely to be personally affected if a matter is decided or actioned in a particular way. For example:

• Improving your own financial or social status by receiving money/a gift/benefit/award.
• Awarding a contract to a business you have financial stake in.
• Sharing confidential information to advantage yourself.

Indirect interests

Potential conflicts of interest arise if your relative or close associate has an interest in something that you can influence, action or decide on. For example:

• Administrating student records or participating in decisions relating to the assessment or grade determination for a relative.
• Influencing or affecting a close friend’s admission or opportunities at the University as a student.
• Engaging a relative in casual work and/or providing supervision including timesheet approvals.
• Influencing or affecting a former colleague’s recruitment or promotion due to personal animosity.
• Awarding a contract to a business owned or managed by your spouse/de facto/partner.
• Affecting a business associate’s financial or professional status by promising a promotion or conference attendance.
• Sharing confidential information to advantage a business associate, e.g. about research conduct or grants, legal proceedings or confidential committee deliberations.

The term 'close associates' is used to refer to a wide variety of relationships such as family, household members, relatives, friends and business associates.

COIs relating to committee responsibilities and staff recruitment are handled via the relevant governance process. You can declare COIs that fall outside the scope of those governance processes via DPC’s process for declaring a COI, or you may use DPC’s declaration forms to submit your COI directly to the Chair or Talent Acquisition.

Complete a Conflict of Interest Declaration form

Secondary employment or additional employment and university consultancy activity can bring about situations which may:

• conflict or interfere with your duties within the University
• directly or indirectly compete with or affect the interests of the University.

When multiple jobs are held, situations can arise whereby it becomes difficult to keep duties separate. This is generally referred to as a conflict of duty. A conflict of duty is more likely to arise when an employee’s total weekly hours exceed a full-time load, roles have a competitive relationship or where one has a regulatory or managerial role over the other. Conflicts of duty are a serious concern as it can lead to poor performance in one or both roles and/or unlawful or improper decision making.

To guard against conflicts of interest, Charles Sturt University continuing and fixed term employment contracts prohibit staff engagement in any trade, business or occupation without written approval.

The Conflict of Interest Procedure provides the process for seeking written approval if you are considering taking up any employment or activity that is not part of your role at Charles Sturt University.

Additional / secondary employment can include:

• a second part-time job outside the University held on a casual, fixed term or continuing basis
• engaging, directly or indirectly, in any capacity in any trade, business or occupation outside the University including self-employment
• one-off or ongoing activities required for professional registrations.

Multiple roles within the University may also create perceived, potential or actual conflicts of duty. For example, staff with both teaching and student support responsibilities have a conflict of duty if they encounter the same student in both their teaching and support capacities. If you’re unsure whether your multiple roles within Charles Sturt conflict, it is safest to complete a declaration.

Complete a Request for Approval for Secondary Employment form

Complete a University Consultancy Approval Form

Staff have responsibilities relating to receiving gifts from other Charles Sturt employees or any party external to the University.

You must refuse gifts of cash (or any gift or benefit that can be readily converted into cash) as well as when it could be perceived that it was provided to influence your decision-making. If you are not in a position to refuse a gift or benefit, you must immediately pass it on to your supervisor.

Otherwise, depending on the nature and value of the gift or benefit, it may still be appropriate to refuse the gift or declare receipt of it to your supervisor and DPC.

All gifts with a value in excess of $100 must be declared no later than 30 days after the receipt of the gift (or no later than 30 days of returning to Australia for gifts received overseas). In accordance with the COI Procedure, your declaration of the receipt of a gift and any surrendered gift will be provided to the University Secretary.

Examples of gifts and benefits include:

• gifts of alcohol, clothes, products, restaurant meals and beverages
• preferential treatment such as queue jumping, discounted travel or free use of facilities such as gyms and holiday homes
• hospitality such as corporate offers of transportation, accommodation, tickets, meals and functions as part of a major event
• sports team sponsorship.

Complete a Declaration of Receipt of Gift form