Conflict of Interest Guidance:
Human Resources Functions
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Purpose
This guidance demonstrates to all employees how [Agency]’s Conflict of Interest
Policy and Conflict of Interest Procedures will be applied in human resource areas or
functions.
The scope, key concepts and definitions contained in the policy are incorporated by
reference.
For the purpose of this guidance [HR] refers to the person or function of the agency
responsible for human resource management.
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Definition and management of high risk areas for conflict of
interest in HR
2.1 Recruitment and selection
Employees involved in the different stages of the recruitment or selection processes
must consider, prior to involvement in recruitment or selection processes, whether
they have conflicts of interest. Such conflicts may include:

family or friendship relationships with an applicant;

close working relationship with an applicant;

financial interests (either in relation to an applicant or the outcome); and

an acrimonious relationship with any applicant.
2.1.1 Recruitment planning
Recruitment planning decisions must be fair and transparent and comply with relevant
legislation, codes or internal policy [for State Service Employees - Employment
Direction No. 1 – Employment in the State Service applies] [HR policies that govern
processes may also be mentioned]. Employment decisions must be based on merit
and allow a reasonable opportunity to eligible persons to apply for employment.
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2.1.2 Recruitment – internal applicants
The recruitment and selection process must demonstrate fairness and impartiality in
respect to potential internal applicants for a position. HR will ensure that any potential
internal applicants are not involved in any part of the recruitment process, including
(but not limited to):

assisting with the preparation of position descriptions or statements of duty;

assisting with the preparation of position advertisements; and

acting as the contact officer for potential candidates.
Any person involved in recruitment and selection process is to ensure that no
individual applicant is offered preferential treatment. This includes such actions as
coaching or specialist advice that is not provided to all applicants.
Internal applicants must not receive an expectation of success or failure.
2.1.3 Vetting of applications
[HR] must request applicants, prior to interview, to disclose any personal interests and
board, committee or professional memberships that may give rise to a conflict of
interest or duty with the position that they apply for.
[HR] must also request applicants, prior to interview, to disclose any secondary
employment they have or propose to engage in if their employment application is
successful, and that they flag such issues with the selection panel.
2.1.4 Composition of selection panels
If you are on a selection panel, you must ensure that your decisions are fair,
transparent and merit-based.
If you are a selection panel chair, you must canvas panel members prior to
commencement of the selection process to determine if they have any personal
interests in respect of any applicant.
If you are on a selection panel, you must disclose any knowledge of, or association
with, any applicant to the chair, and if you are the chair you must disclose this conflict
to the [delegate].
If you are a selection panel chair, you must review any disclosures and decide how
conflicts should be managed. The [delegate] must review and decide the action to
take in respect of any disclosures of conflict by the chair.
2.1.5 Referee reports by selection panel members
If you are on a selection panel, and are nominated as a referee for an applicant, you
must ensure the panel members agree to any one of the following options:

that you provide a written referee’s report prior to any interview;

that you suggest the candidate nominate a different referee; or

that another referee’s report be sought.
If you are on a selection panel where a conflict of interest has been disclosed, you
must:
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
consider how any disclosures of personal interests, or secondary employment
by an applicant may affect their ability to perform the duties of the position;

make decisions based on the evidence before the panel about the merit of the
applicants and their ability to perform the duties of the position;

not give advantage to any applicant that is not also provided to all the other
applicants; and

explore relevant issues during interview, including how any potential conflict of
interest or secondary employment may be managed.
2.2 Current or potential working relationships
You must disclose if you are working with family members or close associates where a
close connection or reporting line may give rise to a perceived or potential conflict of
interest.
Where you have disclosed a conflict of interest, [HR] will investigate the degree of
actual, potential or perceived conflict and report to [Agency head or principal officer]
with recommendations as to appropriate strategies to avoid or manage the conflict.
[HR] will monitor and report such strategies as agreed with [Agency head or principal
officer].
If [HR] receives a disclosure of conflict of interest involving family members or close
associates of [Agency head or principal officer], [HR] will seek advice from a higher
level officer or refer to the Integrity Commission.
2.3 Competing roles or duties
You must seek approval from [Agency head or principal officer] before accepting a
board, committee or professional membership that may give rise to duties that conflict
with your duties as an employee.
If you hold board, committee or professional memberships that may lead to duties that
compete with your public duty, you must follow the same procedures for disclosure,
avoidance, management, monitoring and reporting as for conflicts of interest.
Your disclosure must specify the reasons that the appointment that may lead to
competing duties and include your understanding of the differing responsibilities and
duties associated with the role.
[HR] may provide advice on how to avoid, manage and report conflicts of interest.
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2.4 Secondary employment
You must follow [Agency]’s secondary employment policy, if any, and gain approval
for any secondary employment before engaging in it.
Where your secondary employment has the potential to lead to a conflict of interest,
you must follow the same procedures for disclosure, avoidance, management,
monitoring and reporting as for a conflict of interest.
You must monitor your secondary employment on an ongoing basis and disclose to
[HR] any changes in the nature of such employment that might give rise to a conflict of
interest.
2.5 Transition to post-separation employment
Employees must disclose to their manager any offer of employment where a conflict of
interest could arise, setting out any relationship between the job offered and their
employment duties and describing any possible conflict of interest arising.
Depending on the level and type of employment offered, possible management
strategies include:

changing the employee's duties;

moving the employee to a different work area; or

asking the employee to take leave until the new employment commences.
Post-separation employment poses a number of potential conflict of interest risks
including:

breach of information security policies;

attempting to influence decisions in favour of a new employer; and

using public sector contacts to seek advantage for a new employer.
2.6 Conflict arising in other human resource areas
Conflicts of interest are not restricted to the areas identified above and can occur in a
range of areas. Once identified, [HR] should adopt processes to ensure conflicts of
interest are dealt with consistently across the agency.
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