Policy – Conflict of interest

Please contact the office, office@acipc.org.au, for the link to submit a conflict of interest declaration.

Purpose

This policy establishes a transparent framework for identifying, disclosing, recording, and managing actual, potential, and perceived conflicts of interest to protect the integrity, reputation, and governance of the Australasian College for Infection Prevention and Control (ACIPC).

Scope

This policy applies to:

• Board Directors

• Committee members

• Employees

• Contractors

• Other individuals engaged by or representing ACIPC

(collectively referred to as “ACIPC representatives”).

Policy Statement

A conflict of interest arises when an ACIPC representative’s personal interests’ conflict, or could reasonably be perceived to conflict, with their duty to act in ACIPC’s best interests.

Conflicts may be:

• Actual – a real and existing conflict

• Potential – a conflict that could arise in the future

• Perceived – a situation where a reasonable person may believe a conflict exists

Conflicts may be:

• Pecuniary – involving actual or potential financial benefit

• Non-pecuniary – involving personal, professional, reputational, or relational interests

Conflicts can arise from:

• Direct personal interests

• Interests of family, friends, or associates

• Interests in another organisation (e.g. employment, board role, shareholding, advisory role)

• Competing duties owed to another entity

Conflicts of interest are common and do not imply misconduct. However, they must be disclosed and appropriately managed to ensure objective, impartial, and defensible decision-making.

ACIPC is committed to compliance with ACNC Governance Standard 5 and other relevant governance obligations.

Principles

ACIPC representatives must:

1. Avoid conflicts where reasonably possible.

2. Identify and disclose actual, potential, or perceived conflicts promptly.

3. Manage conflicts transparently and responsibly.

4. Act at all times in the best interests of ACIPC.

5. Comply with this policy and report any breaches.

Identification and Disclosure

When a Conflict Arises

Once identified, a conflict must be:

• Declared verbally at the relevant meeting; and/or

• Disclosed via the ACIPC Conflict of Interest Form if arising outside a meeting; and

• Recorded in the ACIPC Conflict of Interest Register.

Register of Interests

The Register of Interests is maintained by the ACIPC office and records:

• The nature and extent of the conflict

• Whether it is actual, potential, or perceived

• The action taken to manage the conflict

• The date of disclosure

If all Board members share a conflict, the Board must ensure compliance with ACNC Governance Standard 5.

Managing Conflicts of Interest

Decision-Making Process

Once disclosed, the Board or relevant committee (excluding the conflicted person and any other conflicted members) must determine how the conflict will be managed.

Options include requiring the conflicted person to:

• Abstain from voting

• Refrain from participating in discussion

• Leave the meeting during discussion and voting

• Provide information only

• In exceptional circumstances, consider resignation where ongoing conflicts significantly impair participation

The decision requires majority approval of non-conflicted members present and voting.

The conflict and outcome must be recorded in meeting minutes and the Conflict of Interest Register.

Factors to Consider

When determining the appropriate management strategy, the Board or committee must consider:

• Whether the conflict can be managed or must be avoided

• Whether the conflict impairs impartial decision-making

• Alternative options to mitigate the conflict

• ACIPC’s objects, resources, and governance obligations

• Whether the situation creates an appearance of improper conduct that may damage ACIPC’s reputation

Confidentiality

Disclosures are confidential and accessible only to the Board or authorised persons. Alternative confidential disclosure mechanisms may be used where appropriate.

Annual Declaration by Board Members

Each ACIPC board member is required to make a Conflict-of-Interest declaration each year, including where they have no conflicts to register. This is recorded in ACIPC’s Conflict of Interest Register.

Responsibilities of the Board

The Board is responsible for:

• Establishing and maintaining systems for identifying, disclosing, and managing conflicts

• Monitoring compliance with this policy

• Reviewing this policy annually

• Ensuring compliance with ACNC Governance Standard 5

Compliance and Breaches

If the Board or a committee believes a representative has failed to disclose or properly manage a conflict, it will investigate the matter.

Failure to comply with this policy may result in action, including:

• Formal warning

• Removal from a committee

• Termination of employment or contract

• Removal from the Board (where permitted under the Constitution)

Concerns regarding suspected non-disclosure should be raised with the Executive Manager and/or the President.

Contacts

For questions regarding this policy and disclosures of conflicts, contact the Office or Executive Manager.

Conflict of Interest Register & Declaration

Please contact the office, office@acipc.org.au, for the link to submit a conflict of interest declaration.