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This Declaration of Conflict of Interest can be used to disclose a conflict of interest, or confirm that no conflicts exist.
It can be used by employees who need to disclose conflicts of interest to their employer, or other people (such as volunteers, board members or consultants) who need to declare conflicts of interest to the organisation they are working with. It can also be used to declare that the person has no conflicts of interest.
It is a relatively simple form which can be filled out with the specific details of the person making the declaration (such as name and contact details) as well as a full summary of any conflicts of interest. Alternatively, it may be used as a template, with blank spaces left in the form. Many organisations choose this latter option so that they can keep the template on file and then provide a copy to each new person who needs to submit a form.
Conflicts of interest involve situations where the employee (or volunteer, board member or other relevant person) may be motivated by something other than their work for the employer/organisation.
The form can be used for one-off declarations - for example, by just preparing it when a conflict of interest has actually arisen. Alternatively, it can be used routinely - for example, by getting every employee to submit a form once per year to confirm whether or not they have any current conflicts of interest.
The form also serves as an important record to confirm that the conflict of interest has been declared. Even if somebody has mentioned the conflict of interest verbally, it is important to keep a written record so that if problems arise in future, all parties can show that the correct procedures have been followed.
How to use this document
Use this document to declare or disclose one or more conflicts of interest, or to declare that no conflicts of interest exist. It may be used alongside a Conflict of Interest Policy.
When filling out the form, either choose the option to fill out all of the relevant details in our online form, or choose the option to add those details later.
If choosing the first option, all of the relevant person's details can be added, as well as a full description of any conflicts of interest.
If choosing the second option, a form will be produced with blank spaces for things like the relevant person's name and contact details and a description of the conflict(s) of interest. The form can then serve as a template which can be kept on file and provided to each new person who needs to make a declaration.
Regardless of which option is chosen, once a person has used the form to make a declaration, they can sign it, and then submit it to the organisation (such as their employer or other relevant organisation with which they are working). The organisation can then keep the signed form on file.
The Australian Charities and Not-for-profits Commission ("ACNC") governs charities in Australia.
If the organisation is registered as a charity in Australia then it will need to comply with the ACNC's governance standards. Compliance with the governance standards is a requirement of registration with the ACNC. Under governance standard 5, a charity is required to ensure that its board members are aware of and are subject to a set of duties, including a duty to disclose actual or perceived conflicts of interest.
In addition, employees in Australia owe a common law duty of good faith to their employers. Many employers also address conflicts of interest in their employment documentation, such as their Employment Agreement, Letter of Offer of Employment, Employee Handbook, or Conflict of Interest Policy. If an employee fails to comply with their obligations under any of these employment documents (for example, by failing to handle conflicts of interest in the manner required by those documents), then this is likely to be a breach of their contractual obligations to their employer.
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