Conflict of Interest Policy

1. Purpose

Improve Your Capacity is committed to conducting business and delivering services in a fair, transparent, accountable, and impartial manner. This Conflict of Interest Policy addresses situations where employees and Directors may have an actual, perceived, or potential conflict between their role and personal interests. The purpose of this policy is to help employees of Improve Your Capacity identify, disclose, and manage any conflicts of interest to protect the organisation's integrity and manage risks effectively.

2. Objectives

Improve Your Capacity aims to ensure that employees are aware of their obligation to disclose any conflicts of interest and comply with this policy to effectively manage those conflicts as representatives of the organisation.

3. Scope

This policy applies to the employees and subcontractors of Improve Your Capacity.

3.1 Allied Health Practitioners and Conflicts of Interest

A conflict of interest occurs when an allied health professional’s services or relationship with a client are compromised due to decisions or actions related to another client, colleague, themselves, or a third party. Potential or actual conflicts of interest are complex and can occur in various contexts, such as direct practice, management, supervision, policy, research, or community development. Allied health practitioners must proactively discuss any potential or actual conflicts with supervisors or employers to explore all possible outcomes and interpretations of actions and situations.

4. Definitions

4.1 Employee 

Any person performing work for Improve Your Capacity, whether paid or voluntary.

4.2 Director

A Director of the Company with governance and oversight of Improve Your Capacity operations.

4.3 Conflicts of Interest

A conflict of interest occurs when the private interests of an employee or Director interfere with, or influence, their official work duties and responsibilities. Conflicts can be actual, perceived, or potential and involve gaining a personal advantage or avoiding a personal disadvantage. These must be managed to avoid any appearance of improper conduct that might impair confidence in the organisation.

4.4 Pecuniary (Financial) Interest

An interest that arises from the potential to make a financial gain or loss, including holding shares, directorships, beneficial interests in trusts, financial interests in partnerships, spouse/partner financial interests, specialised skills in demand, future employment prospects, or secondary employment.

4.5 Non-Pecuniary (Non-Financial) Interest

An interest that does not have a financial component but arises from personal or family relationships or involvement in sporting, social, or cultural activities.

5. Policy

This policy addresses conflicts of interest affecting Improve Your Capacity. Conflicts of interest are common and manageable if handled openly and effectively. 

Improve Your Capacity requires employees to:

• Avoid conflicts of interest where possible
• Identify and disclose any conflicts of interest
• Manage any conflicts of interest carefully
• Monitor conflicts until resolved

In referrals, no more than 25% of total referrals should go to a service within the company.

5.1 Responsibility of the Directors

The Directors are responsible for:

• Establishing a system for identifying, disclosing, and managing conflicts of interest
• Monitoring compliance with this policy
• Reviewing this policy annually

Directors must ensure employees are aware of relevant professional codes of ethics and practice standards.

5.2 Identification and Disclosure of Conflicts Of Interest

Conflicts of interest must be entered into the register of interests, maintained by the Directors. The register records the nature and extent of conflicts and any steps taken to address them.

5.3 Confidentiality of Disclosures

The Directors will have access to disclosed information and will restrict access to specific roles as necessary.

6. Action required to Manage Conflicts of Interest

6.1 Conflicts of Interest of Employees

Once disclosed, the Directors must decide whether conflicted employees should:

• Vote on the matter
• Participate in any debate
• Be present during discussions

In significant cases, the Directors may consider external mediation or legal advice.

6.2 Considerations of Action

The Directors will consider:

• Whether the conflict needs to be avoided or documented
• If the conflict impairs impartiality
• Alternative options to avoid the conflict
• Improve Your Capacity's resources and objectives
• The potential appearance of improper conduct

Decisions require a majority agreement of non-conflicted Directors, recorded in meeting minutes and the register of interests.

7. Compliance with This Policy

If the Directors believe someone has failed to comply with this policy, they will investigate and may take action, including terminating the relationship with Improve Your Capacity.

8. Contacts

For questions about this policy, Louise at Improve Your Capacity on louise@improveyourcapacity.com.au.

References

• Australian Association of Social Workers. (2020). Code of Ethics. Retrieved from https://www.aasw.asn.au/document/item/1201
• Australian Association of Social Workers. (2014). Supervision Standards. Retrieved from https://www.aasw.asn.au/document/item/6027
• Australian Government Office of the Australian Information Commissioner. Australian Privacy Principles. Retrieved from https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles
• Banks, S. (2020). Ethics and Values in Social Work (Fifth ed.). Bloomsbury.
• National Disability Quality and Safeguarding Commission. (2022). NDIS Code of Conduct. Retrieved from https://www.ndiscommission.gov.au/about/ndis-code-conduct
• National Disability Quality and Safeguarding Commission. (2022). NDIS Practice Standards. Retrieved from https://www.ndiscommission.gov.au/providers/registered-ndis-providers/provider-obligations-and-requirements/ndis-practice-standards
• Office of the Commonwealth Ombudsman. (2017). Conflict of Interest Guidelines. Retrieved from https://www.ombudsman.gov.au/__data/assets/pdf_file/0030/29919/Conflict-of-Interest-Guidelines-September-2017.pdf