Conflict of Interest Policy

Purpose 

Lets Reseed PTY LTD is committed to conducting business and delivering services fairly, transparently, and with accountability and impartiality. This Conflict of Interest Policy deals with situations where our employees and Directors may have an actual, perceived, or potential conflict of interest between their employee/organisational role and personal interests. This policy aims to help employees of Lets Reseed PTY LTD effectively identify, disclose, and manage any actual, potential, or perceived conflicts of interest to protect the integrity of Lets Reseed PTY LTD and manage risk. 


Objective 

Lets Reseed PTY LTD aims to ensure that employees are aware of their obligation to disclose any conflicts of interest and comply with this policy to ensure they effectively manage those conflicts of interest as representatives of Lets Reseed PTY LTD.


Scope 

This policy applies to the employees and sub-contractors of Lets Reseed PTY LTD. 


Social work and conflicts of interest

  • A conflict of interest occurs when a social worker's services to, or relationship with, a client are compromised or might be compromised because of decisions or actions about another client, colleague, themselves, or some other third party (Reamer, 1998). 

  • A conflict of interest is a situation where regard for one duty leads to disregarding another (Gifis 1991, in Reamer, 1998, p. 45). Potential or actual conflicts of interest are very complex for social workers or professionals. 

  • Conflicts of interest can occur in many different contexts. They may occur in a social worker's relationships with a client or multiple clients, in direct practice or in a social worker's work in management, supervision, policy, research, or community development, to name a few. 

  • When faced with a potential or actual conflict of interest, it is essential that social workers consider, even if they feel that they can manage the potential conflict or feel that there are no significant issues, the perception that others (clients, colleagues, the community, employers etc.) may have when/if a conflict of interest comes to light. It is essential, therefore, that social workers are proactive in discussing any potential/actual conflicts of interest with supervisors or employers so that all possible outcomes and interpretations of actions and situations can be explored. 

  • There have been complaints against social workers who failed to consider all possible outcomes and how a seemingly innocent action could be perceived in quite the opposite way by another person.


Definitions

Employee

Any person performing work for Lets Reseed PTY LTD, regardless of whether it is paid or voluntary.

Director

A Director of the company with governance and oversight of Lets Reseed PTY LTD operations.


Conflicts of interests

  • A conflict of interest occurs when an employee or Director's private interests interfere with or influence or could appear to interfere with or influence, the employee or Director’s official work duties and responsibilities. 

  • A conflict of interest can involve gaining a personal advantage and avoiding or minimising personal disadvantage. 

  • Conflicts of interest can be actual, perceived, or potential. These situations present the risk that an employee or Director will decide based on, or be affected by, these influences rather than in the organisation's best interests and must be managed accordingly. They also include a conflict between an employee’s duty to Lets Reseed PTY LTD and another duty that the employee has (for example, to another business). 

  • A conflict of interest may be actual, potential, or apparent and may be financial or non-financial. These situations present the risk that a person will decide based on or affected by these influences rather than in the best interests of Lets Reseed PTY LTD. Therefore, these situations must be managed accordingly so that there is no appearance of improper conduct that might impair confidence in or the reputation of Lets Reseed PTY LTD. 

  • Conflict of interests may be actual, apparent or potential: 

  • actual - where a direct conflict exists between current official duties and existing private interests. 

  • apparent - where it appears or could be perceived that private interests are improperly influencing the performance of official duties, whether that is the case. 

  • potential - where private interests are not but could directly conflict with official duties. 


Pecuniary (financial) interest 

An interest arises from the potential to make a financial gain or loss. Including, but not limited to: 

  • holding shares in a company

  • being a director or secretary of a company

  • being a trustee or holding a beneficial interest in a family or business trust

  • having a financial interest in a business partnership 

  • spouse/partner financial interests

  • highly specialised skills which are in demand by external organisations

  • future employment prospects or plans (i.e., post-separation employment) or

  • secondary employment. 


Non-pecuniary (non-financial) interest 

An interest that does not have a financial component. It can arise from personal or family relationships or involvement in sporting, social or cultural activities. Examples include, but are not limited to: 

  • an employee being able to make a decision that results in a relative, friend or fellow member of an association obtaining a job transfer, a promotion, a successful employment application, a new business contract or other benefit

  • affiliations with for-profit or not-for-profit organisations, sporting bodies, clubs, and associations

  • affiliations with political, trade union or professional organisations and other personal interests

  • obligations to professional, community, ethnic, family, or religious groups in a personal or professional capacity or relationships to people living in the same household

  • significant family or other relationships with customers, contractors or other employees working in the same (or a related) company or 

  • dislike of, or competition with, another individual or group. 


Policy 

  • This policy has been developed to address conflicts of interest affecting Lets Reseed PTY LTD

  • Conflicts of interest are common, and they do not need to present a problem to businesses if they are openly and effectively managed. 

  • It is the policy of Lets Reseed PTY LTD that ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with the obligations to Lets Reseed PTY LTD. 

  • Lets Reseed PTY LTD will manage conflicts of interest by requiring employees to: 

  • identify alternative actions to avoid conflicts of interest where possible 

  • identify and disclose any conflicts of interest 

  • carefully manage any conflicts of interest

  • monitor the conflict until it is resolved, and

  • follow this policy and respond to any breaches

  • regarding client referrals, Lets Reseed PTY LTD will refer no more than 25% of their total referrals to a service within their company.


Responsibility of the directors 

The Directors are responsible for: 

  • establishing a system for identifying, disclosing and managing conflicts of interest across Lets Reseed PTY LTD

  • monitoring compliance with this policy

  • reviewing this policy on an annual basis to ensure that the policy is operating effectively. 

  • Lets Reseed PTY LTD must ensure its employees know the relevant professional codes of ethics and practice standards.


Identification and disclosure of conflicts of interest 

Once an actual, potential or apparent conflict of interest is identified, it must be entered into Lets Reseed PTY LTD’s register of interests. Where every other employee shares a conflict, the Directors should refer to the relevant professional code of ethics and practice standards to ensure that proper disclosure occurs. The Directors must maintain the register of interests. The register must record information related to a conflict of interest (including the nature and extent of the conflict of interest and any steps taken to address it). 


Confidentiality of disclosures 

The Directors of Lets Reseed PTY LTD will have access to the information disclosed and restrict access to certain employees and those who fulfil specific roles as necessary. 


Action required to manage conflicts of interest 

Conflicts of interest of employees 

Once the conflict of interest has been appropriately disclosed, the Directors must decide whether those conflicted employees should: 

  • vote on the matter (this is a minimum), 

  • participate in any debate, or 

  • be present in the room during the debate and the voting. 

In exceptional circumstances, such as where a conflict is very significant or likely to prevent an employee from regularly participating in discussions, it may be worth considering if it is appropriate for the person conflicted to seek external mediation or legal advice. 


What should be considered when deciding what action to take 

In deciding what approach to take, the Directors will consider:

  • whether the conflict needs to be avoided or documented 

  • whether the conflict will realistically impair the disclosing person’s capacity to participate in decision-making impartially 

  • alternative options to avoid the conflict 

  • Lets Reseed PTY LTD’s objects and resources and 

  • the possibility of creating an appearance of improper conduct that might impair confidence in or the reputation of Lets Reseed PTY LTD. 

Approval of any action requires the agreement of at least a majority of the Directors (excluding any conflicted Director) present and voting at the meeting. The action and result of the voting will be recorded in the meeting minutes and the register of interests. 


Compliance with this policy 

If the Directors have a reason to believe that a person subject to the policy has failed to comply, it will investigate the circumstances. If it is found that this person has failed to disclose a conflict of interest, the Directors may act against them. This may include seeking to terminate their relationship with Lets Reseed PTY LTD.  


Contacts 

For questions about this policy, contact Laura Simpson, Director, Lets Reseed PTY LTD on 0447248426 or laura@letsreseed.com.au  


References

  • Banks, S. (2020). Ethics and values in social work (Fifth ed.). Bloomsbury.

  • Reamer, F. (2013). Social work values and ethics (Fourth ed.). Columbia University Press.