Process for managing risks of conflict of interest
Responsible management of risks of Conflict of Interest (COI) involves 3 steps:
- risk management
Conflict of Interest Wheel
Conflict of Interest wheel
Stage 1 Assessment — identify
- identify any actual, potential and perceived conflicts
- refer to checklists and case studies
Stage 2 Risk management — report and mitigate
- report to manager
- assess the risks
- take appropriate steps to mitigate them (register, restrict, recruit, remove, relinquish, resign)
Stage 3 Monitoring — review
- monitoring periodically, and
- when circumstances change
- record any action taken, and reasons for taking action
Stage 1 Assessment — identify COI
Scrutinise private interests and public duties to identify actual, potential or perceived COI. Use relevant checklists or guidelines established for particular activities or those available in the COI Toolkit.
Managers can be consulted for advice.
Stage 2 Risk management — report and address the risks of identified COI
Report identified COI (actual, potential or perceived) to a senior authority, usually the line manager. In certain circumstances conflicts can be reported to a relevant committee or board. However, it would rarely be sufficient for reports only to be made to peers or subordinates.
Assess the risks to the public interest arising from any identified conflict. Consider in particular risks to stakeholder confidence, public confidence — cf. public sector values, Code of Conduct for the Victorian Public Sector.
Take reasonable steps to address the risks of identified COI to protect the public interest. These steps may include the following:
- register the details of the actual, potential or perceived COI
- restrict the employee’s involvement in the public duty subject to the conflict
- recruit a disinterested third party to oversee part or all of the public duty
- remove the employee from all responsibilities in relation to the public duty
- the employee relinquishes the private interest
- the employee resigns their public office temporarily or permanently
Record your COI declaration and any decisions in relation to the management of COI (including decisions not to take any action). All staff are required to record COI declarations and management plans in the Declaration of Conflict of Interest form in eduPay.
Maintain confidentiality in managing private information obtained in the assessment and management of COI.
Stage 3 Monitoring
The identification and management of COI should be subject to regular review — periodically and in response to any changes in circumstances (such as changes in line management).
Reviewed 09 June 2020