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Conflicts of Interest Policy

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Section 1 - Preamble

(1) Members of the University community need to be able to recognise, declare and manage situations involving actual, potential or perceived conflicts of interest.

(2) Members of the University community have the obligation to protect the reputation of the University by maintaining high ethical standards, fairness and integrity in all dealings.

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Section 2 - Purpose

(3) This document establishes the principles by which members of the University community are to judge whether a matter represents a conflict of interest, and the responsibilities they hold to the University in relation to such conflicts.

(4) This document should be read in conjunction with the Conflicts of Interest Procedure.

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Section 3 - Scope

(5) All members of the University community including students, contractors and adjuncts must be aware of their obligations to recognise, declare and manage situations involving actual, potential or perceived conflicts of interest.

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Section 4 - Policy Principles

Conflict of Interest

(6) Members of the University Community must avoid, mitigate and declare all conflicts of interest.

(7) A conflict of interest occurs when the private interests of a member of the University community may influence, compromise or conflict, or be seen to influence, compromise or conflict with their conduct in relation to their activities at the University.

(8) A conflict of interest occurs when a member of the University community is being influenced by a third or foreign party to act in the interests of that party.

(9) Conflicts of interest can be actual, potential or perceived and can involve the financial or non-financial interests of a member of the University community; as well as the financial and non-financial interests of a person in a close personal relationship with a member of the University community.

  1. Actual conflicts arise when a person working for or with the University does not act in the University’s best interests because they have another interest that they prioritise over the University’s interests;
  2. potential conflicts arise when a person working for or with the University has other interests, which may influence their ability to act in the University’s best interests in the future; and
  3. perceived conflicts arise when a person working for or with the University has other interests that could cause other people to think that they cannot act in the University’s best interest. 

Responsibility

(10) In all interactions with members of the University community and other individuals (internal, external and foreign), a member of the University community has an obligation to:

  1. always observe the highest standard of business ethics;
  2. not improperly use their position to gain a personal benefit;
  3. not improperly use their position to gain a benefit for another party whether internal, external or foreign; 
  4. avoid, as far as possible, ethical, legal, financial and other conflicts of interest;
  5. ensure that personal activities and interests do not conflict with their obligations to the University; and
  6. recognise and declare situations to a supervisor or other authorised person that might reasonably give rise to, or be perceived as giving rise to a conflict of interest.

(11) Where a conflict of interest does arise, a member of the University community must disclose such a conflict in accordance with the Conflicts of Interest Procedure and act in accordance with any advice received from either a supervisor or other authorised person.

(12) All employees have an individual responsibility to raise any suspicion, allegation or report of bribery or improper conduct in accordance with the Fraud and Corruption Control Policy and Whistleblower Reporting (Improper Conduct) Procedure.

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Section 5 - Non-Compliance

(13) Non-compliance with Governance Documents is considered a breach of the Code of Conduct - Employees or the Code of Conduct – Students, as applicable, and is treated seriously by the University. Reports of concerns about non-compliance will be managed in accordance with the applicable disciplinary procedures outlined in the Charles Darwin University and Union Enterprise Agreement 2022 and the Code of Conduct – Students.

(14) Complaints may be raised in accordance with the Complaints and Grievance Policy and Procedure - Employees and Complaints Policy - Students.

(15) All employees have an individual responsibility to raise any suspicion, allegation or report of fraud or corruption in accordance with the Fraud and Corruption Control Policy and Whistleblower Reporting (Improper Conduct) Procedure.