School Council – Conduct and Conflict of Interest

Policy

The purpose of this policy is to ensure school council members are aware of their obligations in relation to their Code of Conduct and conflict of interest and to provide guidance on managing school council conduct and conflict of interest issues.

Summary

• School council members must abide by the Code of Conduct for Directors of Victorian Public Entities (the Code of Conduct) issued by the Victorian Public Sector Commissioner. The Code of Conduct is based on the Victorian public sector values.
• The school council chairperson (normally the president) is responsible for managing any conflict or conduct issues that arise during the course of a meeting and the Principal is responsible for managing any conflict or conduct issues that extend beyond the meeting.
• Conflicts of interest are an inevitable fact of organisational life and can arise without anyone being at fault.
• School council members must declare a conflict of interest whether actual, potential or perceived where their private interests could influence their role or duty on school council.
• The Guidance tab provides information on managing school council conflict and conduct issues.

Details

School Council Code of Conduct

School councils in Victoria are public entities as defined by the Public Administration Act 2004. School council members must abide by the Code of Conduct for Directors of Victorian Public Entities (Code of Conduct), issued by the Victorian Public Sector Commission. The Code of Conduct is based on the Victorian public sector values.

The Victorian public sector values, set out in the Code of Conduct are: responsiveness, integrity, impartiality, accountability, respect, leadership and human rights. The values underpin the behaviours that the government and community expect of all directors of public entities, including school council members.

All members should act in accordance with these values and use them to guide information sharing, relationship building and decision-making.

The Victorian public sector values are an expectation on all staff working in Victorian government schools as well as those on school council. This means all employees are required to demonstrate the values in their work.

A failure to uphold the Victorian public sector values can undermine confidence in the school council.

Some school councils will, at times, have members expressing strong conflicting views and there may be occasions where individual members are not working cooperatively with other councillors. It is for the chairperson (normally the president) to manage any conflict or conduct issues that arise during the course of a meeting.

The principal is responsible for managing any conflicts that extend beyond the meeting. Principals may seek the support of their Senior Education Improvement Leader or the department’s School Operations and Governance unit, Schools and Regional Services, in relation to any school council conflict or conduct issues.

Refer to the School Council Conduct and Conflict of Interest Guidelines, on the Guidance tab, for further information on the Code of Conduct, values and resolution options to manage conflict situations should they arise.

Conflict of interest

A conflict of interest occurs when a school councillor’s personal interests may influence, or may be seen to influence, their role and decision-making on council.

A personal interest may arise from a member’s personal preference, connection, property, hobby, or a desire to help family and friends. Personal interests can also be pecuniary (financial) or non-pecuniary.

Potential conflicts of interest occur where an actual conflict of interest may arise in the future.

Perceived conflicts of interest occur where a reasonable person might suspect that a school councillor is subject to a real conflict of interest, whether or not one actually exists. Perceived conflicts may be just as damaging as ‘actual’ conflicts. Any reasonable perception that a councillor is benefiting from council decisions could result in the loss of public trust. Councillors are obliged to identify these risks, and take action, in consultation with the principal and the president to mitigate them.

If a school council member or a member of his or her immediate family has an actual, potential or perceived conflict of interest (either a pecuniary or non-pecuniary interest) in a subject or matter under discussion at a school council meeting, the member must declare the conflict of interest.

If the school council decides that the conflict of interest is material, the councillor:

• must not be present during the relevant discussion unless invited to do so by the chair of the meeting
• must not be present when a vote is taken on the matter.

A school councillor’s temporary absence for this purpose does not affect a meeting quorum.

The declaration of conflict of interest should be included in the minutes of the meeting.

If the conflict of interest involves a principal or business manager, it must be entered onto the Conflict of Interest Register on eduPay and managed appropriately. Refer to:

• School Council Conduct and Conflict of Interest Guidelines and Resources tab for further information.
• HRWeb for further information on Conflict of Interest.

Definitions

Actual conflict of interest
Actual conflicts of interest occur when a school councillor’s private interest can influence their current public duty.

Perceived conflict of interest
Perceived conflicts of interest occur where a reasonable person might suspect that a school councillor is subject to a real conflict of interest, whether or not one actually exists.

Potential conflict of interest
Potential conflicts of interest occur where an actual conflict of interest may arise in the future.

Related policies

• Procurement – Schools
• Risk Management
• School Council – Meetings
• School Council – Overview
• School Council – Powers and functions
• School Council – Training and Good Governance
• Victorian Public Sector Commission Codes and Standards – Director's Code of Conduct
• Victorian Public Sector Employment Principles and Standards

Relevant legislation

• Education and Training Reform Act 2006 (Vic)
• Education and Training Regulations 2017 (Vic)
• Ministerial Order 1280 – Ministerial Order (Constitution of Government School Councils) 2020 (DOCX)

School Council — Conduct and Conflict of Interest Guidelines

These Guidelines outline how the Code of Conduct for Directors of Victorian Public Entities apply to school councillors. The Guidelines also support schools and school councils to prevent and manage school council misconduct or conflict issues.

These Guidelines contain the following chapters:

• Code of Conduct
• Misconduct
• Avoiding or preventing conflict or conduct issues on school council
• Managing conflict and the conduct of meetings
• Managing ongoing school council conflict
• Managing school council misconduct
• Conflict of interest
• Managing a conflict of interest

Code of Conduct

School councils in Victoria are public entities as defined by the Public Administration Act 2004 (Vic).

School councillors must abide by the Code of Conduct for Directors of Victorian Public Entities issued by the Victorian Public Sector Commission.

The Code of Conduct is based on the Victorian Public Sector Values.

In the context of school council’s powers, duties and functions, the Code of Conduct requires councillors to:

• act with honesty and integrity:
  • be truthful, open and clear about their motives
  • declare any real, potential or perceived conflict of interest and duty
• act in good faith in the best interests of the school:
  • work cooperatively with other councillors and the school community
  • be reasonable and make all decisions with the best interests of students foremost in their minds
• act fairly and impartially:
  • consider all relevant facts of an issue before making a decision
  • seek to have a balanced view
  • never give special treatment to a person or group
  • never act from self-interest
• use information appropriately:
  • respect confidentiality
  • use information for the purpose for which it was made available
• use their position appropriately
  • not use their position as a councillor to gain advantage
• act in a financially responsible manner
  • observe all the above principles when making financial decisions
• exercise due care, diligence and skill:
  • accept responsibility for decisions
  • do what is best for the school
• comply with relevant legislation and policies when making decisions
• demonstrate leadership and stewardship:
  • set a good example, encourage a culture of accountability and child safety
  • manage risks effectively and responsibly, to keep the school strong and sustainable

The Victorian Public Sector Values, set out in the Code of Conduct are:

• responsiveness
• integrity
• impartiality
• accountability
• respect
• leadership
• human rights

The values underpin the behaviours that the government and community expect of all directors of public entities, including school council members.

All members should act in accordance with these values and use them to guide:

• information sharing
• relationship building
• decision-making

Misconduct

A failure to behave in the ways described in the Code of Conduct may be considered misconduct and in the most serious cases may lead to suspension or removal from office or school council.

Some examples of misconduct include:

• verbal abuse or harassment of other council members or the chairperson
• constantly interrupting speakers
• interjecting or making derogatory comments at a council meeting
• speaking against council decisions within the community
• breaching confidentiality
• disrespecting the differing points of view posed by other members of the council
• demeaning or disparaging comments or emails with regard to other council members
• failure to declare any conflicts of interest
• displaying behaviour that is inappropriate for adults entrusted to represent their school community and work towards desirable outcomes for the students in the school
• improper use of school council information

The school council president and the principal should be mindful of:

• council members acting contrary to the Code of Conduct within meetings
• speaking against council decisions to members of the community

School principals should:

• contact their Senior Education Improvement Leader (SEIL) in the first instance, to seek advice on how to move forward

Avoiding or preventing conflict or conduct issues on school council

School councils operate effectively and efficiently through their functions and objectives. Refer to: School Council — Powers and Functions.

The functions and objectives require the individuals on a school council to negotiate and agree on actions.

Therefore, it is not unusual for conflicts to arise.

In an environment where mutual trust and respect prevail, it can be a positive force. It can encourage people to:

• find creative solutions
• clarify an issue
• increase the involvement of members
• encourage growth
• strengthen relationships

However, conflict can also:

• divert energy from the group
• affect morale
• create disharmony

Conflict can often be avoided, and solutions more readily achieved, when positive working relationships exist.

It is important that school council members:

• take the time to get to know each other’s values, beliefs and interests
• develop trust and helpful working relationships

The use of good communication skills will help clarify the council’s discussions and prevent misunderstanding.

Conflict is usually effectively managed if:

• councillors have a clear understanding of their roles and responsibilities
• the council has a clear set of Standing Orders
• clear expectations for behaviour are established — refer to the Code of Conduct for Director of Victorian Public Entities as issued by the Victorian Public Sector Commissioner
• meetings are chaired in a firm, positive, constructive manner
• a clear, well set out agenda is established
• discussions at meetings are focused on school council matters
• each councillor’s concerns are considered legitimate
• the council has a regular process of self-reflection
• agreements and new understandings are acknowledged

Managing conflict and the conduct of meetings

Some school councils will, at times, have members expressing strong conflicting views and there may be occasions where individual members are not working cooperatively with other councillors.

It is for the chairperson (normally the president) to manage any conflict or conduct issues that arise during the course of a meeting.

The principal is responsible for managing any conflicts that extend beyond the meeting.

Some strategies for the chairperson/president dealing with difficult situations include:

• dealing respectfully with all comments and contributions
• using clearly understood protocols to ensure all councillors are heard
• stopping one individual dominating the meeting
• bringing the discussion back to school council’s core objectives
  • assisting in the efficient governance of the school
  • ensuring that its decisions affecting students are made in the best interests of the students
  • enhancing the educational opportunities of students
  • ensuring the school and the school council complies with its legal obligations
• referring the matter for consideration by a sub-committee, or to a future meeting of the school council
• anticipating matters that might result in conflict between members and introducing them in a way to minimise tension
• being prepared to let an aggrieved council member express their view but then being prepared to bring the debate to a conclusion
• reminding members of the Code of Conduct for school council members
• remaining objective and treating an individual’s grievance as legitimate in accordance with the principles of natural justice

Managing ongoing school council conflict or conduct issues

When working to resolve school council member conflict or misconduct, there are a range of options available.

The school principal as the executive officer of school council should contact their senior education and improvement leader (SEIL) in their regional office in the first instance, to seek advice on how to move forward from ongoing school council conflict matters or conduct issues.

It is also possible that, in spite of all efforts of a council to be productive and to work as a team, some council members may remain polarised on particular issues and it is difficult to move forward or make decisions.

The following options are recommended as a way of managing school council conflict.

1. Internal resolution

This involves council members reflecting on and discussing the problem. All members should be encouraged to state their concerns and viewpoints. Council members should be allowed to express how they wish to resolve problems. All proposed solutions must be listened to and acknowledged. The process should conclude with a consensus on how to move forward. This may involve the council as a whole or the president and/or principal, or the regional office, attempting to engage with disputing council members to try and reach a resolution.

2. Resolution led by the regional office

If internal resolution fails to resolve the issue, the principal should seek the support of the school’s SEIL to engage with disputing council members by:

• acknowledging the conflict exists and determining the source of the conflict
• planning on how to deal with the conflict
  • this would involve members reflecting on the problem and stating their concerns and viewpoints
• allowing council members to express how they wish to resolve problems and making sure that their proposed solutions are listened to and acknowledged
• building consensus to arrive at a positive solution for all council members involved.

In the event that this fails to resolve the problem, the SEIL may recommend education and training as a means of moving forward. Depending on the issue, this may involve:

• in relation to the whole council – attending governance training, including:
  • effective governance
  • roles and responsibilities
  • the Code of Conduct for school councillors
• support for the president, including training on:
  • effective school council
  • relationships
  • managing conflict
  • conduct of meetings
• in relation to the principal and/or president – training on:
  • behavioural management
  • dispute resolution
• gender equality training with a focus on workplace issues.

3. External mediation and conciliation

This would involve engaging an external mediator to assist in resolving the dispute using techniques as described as above. The Dispute Settlement Centre of Victoria provides free dispute resolution services across Victoria.

4. Conducting a formal investigation

The school council president and/or principal may formally request through their SEIL, that an investigation be conducted into a certain council member’s behaviour or the council, as a whole. It should be noted that, depending on the situation, a SEIL may instigate an investigation at step 2.

The regional office on behalf of the minister will manage the conduct of the investigation. When conducting an investigation, the investigator and the regional director must: ensure that rules of procedural fairness and natural justice are complied with.

The department’s Legal Division can provide further advice on procedural fairness and natural justice, as required. Depending on the outcome of any formal investigation, a recommendation may be made to the minister that disciplinary action should be taken which may include that the membership of the school council member is suspended or terminated.

What if a school council member refuses to participate in steps 1 to 3?

There is no explicit legislative power to require council members to mediate or undertake training. However, school council members unwilling to participate in steps 1 to 3 should be informed at step 1 that any investigation conducted, as final option could lead to a recommendation to the minister that their membership is suspended or terminated.

The regional office should keep a record of all communications with any school council members. This includes:

• letters
• correspondence
• file notes
• any strategies that were recommended to the council.

In addition, a record of any training undertaken should also be kept on file, as this will be important if a formal investigation is conducted.

Managing school council misconduct

The following steps are recommended as a way of managing school council misconduct.

Step 1 internal management

• Attempt to manage the issues at a council meeting.
• Remind councillors of their obligations under the Code of Conduct for Directors of Victorian Public Entities and the council Standing Orders.

Step 2 internal management

• Principal and school council president meet the individual/s separately and remind them of their specific obligations under the Code of Conduct and the council Standing Orders.

Step 3 regional involvement — escalation/continuation of misconduct

• The Senior Education Improvement Leader (SEIL) liaises with the School Operations and Governance Unit, Schools and Regional Services, to discuss the matters and possible options.
• The SEIL and the principal should meet with the councillor/s outlining that their behaviours are contrary to the Code of Conduct and continuation of such behaviours may result in an investigation. This in turn may result in a recommendation to the Minister that disciplinary action be taken.
• A letter of warning may be appropriate at this time.

Step 4 conducting a formal investigation

• The Regional Office will manage the investigation. The SEIL will inform the School Operations and Governance Unit, School and Regional Services of the progress of the investigation.
• If required, the Regional Office will liaise with Legal Division on legal issues for example, rules of procedural fairness and natural justice.
• Depending on the outcome of the investigation, a recommendation may be made to the Minister that disciplinary action should be taken which may include the suspension or termination of the membership of the school councillor/s.

Conflict of Interest

Conflicts of interest that are not effectively identified or managed:

• put the school council and the school’s reputation at risk
• jeopardise the public’s confidence in the school and school council

A conflict of interest occurs when a school councillor’s personal interests may influence, or may be seen to influence, their public duty.

A personal interest may arise from a member’s:

• personal preference
• relationship
• connection
• bias
• property
• hobby
• or a desire to help family and friends

Personal interests can also be pecuniary (financial) or non-pecuniary.

Some examples of conflict of interest risks may arise when a school council undertakes the following activities, or in the following areas:

• recruitment and selection activities
• procurement activities
• funding allocation activities
• previous associations
• gifts, benefits and hospitality

Recruitment

Conflicts of interest in recruitment might include:

• family relationships or friendships with an applicant
• close working relationship with an applicant
• a hostile relationship with any applicant

If councillors are involved in any type of recruitment or selection process, each person must:

• consider whether they have a real, potential or perceived conflict of interest

If so, or if unsure, each person must:

• declare the conflict of interest to the school council at the earliest possible stage

Procurement or funding allocations

Conflicts of interest in procurement or funding allocations might include:

• gifts, benefits or hospitality being offered to employees involved in the procurement process
• family relationships or friendships with a supplier
• close working relationships as a result of regular business with a supplier

Conflict of interest risks can affect any stage of procurement. Regardless of the monetary value, these risks must be proactively managed throughout the life of a procurement project.

Other areas where conflict of interest might arise

Other interests and associations that may result in potential, perceived or real conflicts of interest are:

• external consulting
• other (external employment)
• private tutoring
• out-of-hours sporting or community activities
• using contractors for private works
• personal relationships with employees
• group affiliations
• other public duties (member of local council or political party)
• family and other relationships

Managing a conflict of interest

If a member of the council or their immediate family has an actual, potential or perceived conflict of interest with a matter under discussion at a school council meeting, that member:

• must declare an actual, potential or perceived the conflict of interest
• this must be recorded in the minutes.

The school councillor:

• must not be present during the discussion unless invited to do so by the person presiding at the meeting
• must not be present when a vote is taken on the matter
• is included in the quorum for that meeting, as determined at the beginning of the meeting.

For further information on conflicts of interest in Victorian government schools refer to:

• Conflict of Interest

The Conduct and Integrity Branch can provide advice to principals and school council presidents on the management of conflict of interest. The Conduct and Integrity Branch can be contacted by phone on (03) 7022 5400 or email at integrity.enquiries@education.vic.gov.au

The School Operations and Governance Unit (SOGU) of Schools and Regional Services also provides advice and guidance on the management of conflicts of interest. Principals and school councillors can contact SOGU at school.council@education.vic.gov.au

For department procurement and probity enquires, contact procurement@education.vic.gov.au.

Resources

Improving school governance

School councils in Victoria must abide by the Code of Conduct for Directors of Victorian Public Entities (Code of Conduct), for further details refer to the Improving school governance guide:

• Improving school governance (DOCX)
• Improving school governance (PDF)

See also the Victorian Public Sector Employment Principles and Standards.

Procedures and forms

• Conflict of Interest (COI) Quick Guide and Case Studies (PDF)
• Conflict of Interest (COI) Quick Guide and Case Studies (DOCX)
• FAQ COI Declarations in eduPay (PDF)
• FAQ COI Declarations in eduPay (DOCX)
  • eduPay COI declaration – instructions for completion (PDF)
  • eduPay COI declaration – instructions for completion (DOCX)
  • Roles and Responsibilities (PDF)
  • Roles and Responsibilities (DOCX)

Conflict of Interest resources

There are a number of Conflict of Interest (COI) resources designed to provide practical assistance to identify and address common COI scenarios, including factsheets, checklists, case studies and an Integrity Moment meeting discussion guide. Download the complete toolkit or relevant sections below:

• Conflict of Interest Toolkit (PDF)
• Conflict of Interest Toolkit (DOCX)
• General information (PDF)
• General information (DOCX)
• Managing COI in recruitment (PDF)
• Managing COI in recruitment (DOCX)
• Managing COI in other employment (PDF)
• Managing COI in other employment (DOCX)
• Managing COI when procuring goods and services (PDF)
• Managing COI when procuring goods and services (DOCX)
• Integrity Moment meeting discussion guide – Managing COI on School Council (PPTX)

Contacts

Conduct and Integrity Branch provide advice upon request to principals and school council presidents on the management of conflicts of interest. The Integrity Enquiry and Support Service can be contacted by phone: 03 7022 5400 or email: integrity.enquiries@education.vic.gov.au

The School Operations and Governance Unit (SOGU), Regional Services, also provides advice and guidance on the management of conflicts of interest. Principals and school councillors can contact SOGU at school.council@education.vic.gov.au

For department procurement and probity enquires, contact procurement@education.vic.gov.au