• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Statement of Principle
• Conflict of Interest
• Personal Relationships
• Part A - Where Conflicts of Interest May Arise
• In Employment
• In Education
• Part B - Notification of Conflict of Interest in Close Personal Relationships
• Senior Management
• Heads of Academic/Administrative Unit and Committee Chairs
• Staff Members
• University Community
• Part C - Disclosure
• Part D - Acknowledgments
• Section 4 - Procedures
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The University of Western Sydney's Code of Conduct states:

1. Staff members should avoid any financial or other interests or undertaking that could directly or indirectly compromise the performance of their duties. They should assess potential conflicts of interest in terms of the likelihood of their being influenced or appearing to be influenced in the performance of their duties in a particular matter.
2. When staff members become aware of such a situation, they should take appropriate steps to disclose the conflict and may discuss it with senior staff who may offer advice.
3. To achieve equal opportunity in the University, the principles of fairness and impartiality in decision-making are integral. An area which can create confusion is the relationships between people in the University where a conflict of interest can arise. Staff need to be aware of the types of situations where such conflicts can occur and the actions required to avoid a conflict of interest in the performance of their duties.
4. A sexual or other close personal relationship with a student or less senior staff member is also likely to involve serious difficulties arising from the power disparity inherent in the staff/staff or staff/student relationships. In general, these relationships should be avoided. An abuse of trust can occur when workplace or educationally-based relationships are destroyed through actions or requests for actions of a non-professional nature. Unprofessional relationships can also result in sexual harassment claims.
5. These guidelines are supported by the Independent Commission Against Corruption Act 1988 where the definition of corrupt conduct includes 'any conduct of persons that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official' (s.8(1)(a)).

Section 2 - Definitions

(2) Nil.

Section 3 - Policy Statement

Statement of Principle

(3) A staff member should not be involved in the decision-making process or any other University process which could advantage or disadvantage a staff member or student, or potential staff member or student, of the University where there is a close personal relationship.

Conflict of Interest

(4) A conflict of interest may arise when an employee of the University is in a position:

1. to advance or hinder the interests of a member or potential member of the University on the basis of their personal relationship; and/or
2. to act to the detriment of the University's interest because of their personal relationship.

Personal Relationships

(5) Personal relationships can include:

1. family relationships - spouses, de facto spouses, same-sex partners, children, parents and close relatives;
2. close friendships;
3. sexual relationships; or
4. relationships where there have been previous instances of serious conflict between the parties.

Part A - Where Conflicts of Interest May Arise

In Employment

(6) A close personal relationship between staff members can affect the decision making process in areas such as:

1. recruitment, selection, appointment, continuing appointment of staff;
2. conditions of service, promotion, reclassification;
3. termination;
4. provision of opportunities and resource allocation for research, conferences and staff training and development;
5. referee reports, performance appraisals;
6. tendering processes and contract arrangements; and
7. authorisation of payment/funds.

In Education

(7) A close personal relationship between a staff member and student can affect the decision making process in areas such as:

1. selection of students for admission;
2. assessment or supervision;
3. award of medals, scholarships; and
4. referee reports.

Part B - Notification of Conflict of Interest in Close Personal Relationships

Senior Management

(8) Proper codes of conduct will be supported by Senior Management.

(9) Member Presidents reserve the right to investigate claims of conflict of interest in close personal relationships, where resolution is not achieved by the relevant Head of Unit or Committee Chairs.

Heads of Academic/Administrative Unit and Committee Chairs

(10) The Head of Unit and Committee Chairs have the responsibility:

1. to inform staff of this policy; and
2. to encourage staff to declare potential and actual conflicts of interests in close personal relationships.

(11) The Head of Unit and Committee Chairs will declare their potential and actual conflicts of interests in close personal relationships to the relevant Deputy Vice-Chancellor /Chief Financial Officer, or nominee.

Staff Members

(12) In many cases, only the individual staff member will be aware of the potential for conflict of interest arising from a close personal relationship. The onus is on the staff member:

1. to decline participating in situations where there is a conflict of interest and where their normal duties require such participation;
2. to declare that conflict to the Head of Unit or Committee Chair; and
3. to explain why they cannot undertake those normal duties.

(13) If participation in a decision-making process cannot be avoided where there is the potential for a conflict of interest arising from a close personal relationship, this matter must be discussed with the Head of Unit or Committee Chair, to enable appropriate alternative arrangements to safeguard the interests of all parties and to avoid the conflict of interest arising.

University Community

(14) Any staff member or student, or potential staff member or student, who is directly affected by a decision resulting from a conflict of interest arising from a close personal relationship, can refer the matter to the Head of Unit or Committee Chair for investigation.

Part C - Disclosure

(15) In many cases, only the individual staff member will be aware of the potential for conflict of interest. Therefore, the onus is on that person to notify the appropriate senior member of staff, as indicated in Part B, if a potential or actual conflict of interest arises.

(16) If an employee participates in the decision-making process and fails to disclose a conflict of interest in a close personal relationship, a decision can be voided, with the possibility of disciplinary proceedings being invoked against the employee under the applicable employment agreement.

Part D - Acknowledgments

(17) NTEU Code of Ethics January 1998.

Section 4 - Procedures

(18) Nil.

Section 5 - Guidelines

(19) Nil.