Written by: Jacqui Sealy – The Pro Forum Community of Practice
Not all conflicts will lead to corrupt conduct, however in most situations, a conflict of interest does generally lead to corruption and misuse of power. Where there is a perception that a person’s connection with certain individuals or involvement in certain circumstances may yield a benefit to them directly or indirectly, then this connection or involvement must be declared. When we think about conflicts of interest, one would think that it is merely about disclosing a person’s private interests and/or involvements that may or may not directly impact on their duties within the public service.
The importance of declaring a conflict of interest is about being upfront with any personal connections or interests that may influence or affect the decisions they make as a public official. The disclosure of a conflict of interest is to ensure that public officials are being transparent and accountable for their actions and decisions, and it helps to eliminate the perception that a potential conflict is likely to occur. Disclosure is not about providing all the details about your private lives, only the relevant ones are to be disclosed if they have any influence on your official duties or performance as a public official. If the sensitive nature of the connection or involvement is not relevant and cannot be perceived as a possible influence in your official duties or performance as a public official, then it is not considered a conflict.
As an example, if you are friends with a celebrity that has no bearings on any activities within your department and does not provide you with any special benefits in your position within the department, then your friendship does not need to be declared. However, if that celebrity has a financial interest in a venture that your department oversees, such as they are shareholders of a company providing services to the department, then that would be a conflict of interest.
To determine what is or is not a conflict comes down to the risk of that conflict occurring. The risk of a perceived conflict of interest can potentially be as damaging as an actual conflict of interest in terms of the potential outcomes it may have. The greatest damage that can be inflicted on the government, besides the obvious financial impacts, is damage to the reputation or the undermining of public confidence in government.
The Office of the Commonwealth Ombudsman provides a comprehensive Conflict of Interest Guidelines at: https://www.ombudsman.gov.au/__data/assets/pdf_file/0030/29919/Conflict-of-Interest-Guidelines-September-2017.pdf
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