
FOI 20/21-0857
DOCUMENT 1
NDIA Conflict of Interest – Integrity Framework
Focussing on the internal Agency environment for Conflict of Interest and viewing this through the lens of
‘Employees’, the following depicts the controls and mechanisms that are in place to provide assurance that
we are managing risk, protecting our brand, and maintaining government and public confidence in Scheme
integrity.
Employee types covered by the Integrity Framework are Agency Staff, Contractors and Consultants.
The NDIA External facing “Principles for managing conflict of interest in delivering support and services for
the National Disability Insurance Scheme” provides the set of overarching principles specifically for
partners, providers and local area co-ordinators.
Table of Contents
NDIA Integrity Framework (Employee) ...................................................................................................... 1
Assurance mechanisms......................................................................................................................... 2
Hierarchy of Agency assurance mechanisms ............................................................................................ 3
Legislative ............................................................................................................................................. 3
Policy..................................................................................................................................................... 3
Procedures ............................................................................................................................................ 4
Monitoring & Reporting .......................................................................................................................... 5
Training & Support ................................................................................................................................. 5
Scenarios .................................................................................................................................................. 5
Scenario 1: employee as participant ...................................................................................................... 5
Scenario 2: contractor / consultant ........................................................................................................ 7
Scenario 3: executive secondment ........................................................................................................ 8
NDIA Integrity Framework (Employee)
An Integrity Framework is a systemic and comprehensive management approach where it brings together
legislative, policy, procedural, monitoring and reporting, as well as training and support for fostering
integrity and preventing corruption in public organisations.
This framework covers the following employee types:
Agency staff
Contractors
Consultants
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Assurance mechanisms
1. Legislative
The legislative assurance mechanism includes:
NDIS Act 2013
Crimes Act 1984
PGPA Act 2013 Sections 26-29
Public Interest Disclosure Act 2013
Public Service Act 1999
APS Code of Conduct
APS Values
2. Policy
The policy assurance mechanism includes:
NDIA Conflict of Interest Policy – external
APSC Policy Conflict of Interest
NDIA Recruitment Policy
NDIA Conflict of Interest Policy – internal
NDIA Values
NDIA Enterprise Agreement 2020-2023
NDIA Conditions of Contract
APS Employment Principles
3. Procedures
The procedures assurance mechanism includes:
Conflict of Interest Declaration - Board members monthly
Conflict of Interest Declaration – NDIA employees, contractors and consultants
Code of Conduct procedures
Restricted Access for employees as participants, family members, Board members (Task card)
Commonwealth Procurement Guidelines & Contract management policy
4. Monitoring & Reporting
The monitoring and reporting assurance mechanism includes:
State of the Service report – Code of Conduct
External Audit programs, e.g. ANAO
Ministerial & Complaint Management
Fraud/Risk Management Framework
Internal Audit Program
5. Training & Support
The training and support assurance mechanism includes:
Conflict of Interest fact sheet
Ongoing fraud & awareness training (face to face & e-learning)
Restricted Access Task Card and Quick Reference Guide
Induction training includes Conflict of Interest
Employee Mandatory Annual Online training in APS Values, Code of Conduct, Fraud, Security and
Information Handing
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Recruitment/On-boarding training
Hierarchy of Agency assurance mechanisms
Legislative
Public Service Act 1999 (PS Act) Code of Conduct
Section 13(7) of the PS Act - the APS Code of Conduct, requires that an APS employee must:
take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the
employee’s APS employment
disclose details of any material personal interest of the employee in connection with the employee’s
APS employment
not improperly use inside information or the employee’s duties, status, power or authority:
- to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or
- to cause, or seek to cause, detriment to the employee’s Agency, the Commonwealth or any
other person
Public Governance, Performance and Accountability Act 2013 (PGPA Act)
Sections 26 to 29 of the PGPA require (This also applies to Board members)
An official of a Commonwealth entity must exercise his or her powers, perform his or her functions
and discharge his or her duties in good faith and for a proper purpose.
A person who obtains information because they are an official of a Commonwealth entity must not
improperly use the information to:
a) gain an advantage for himself or herself or any other person; or
b) cause detriment to the Commonwealth entity, the Commonwealth or any other person
Duty to disclose interests - An official of a Commonwealth entity who has a material personal
interest that relates to the affairs of the entity must disclose details of the interest.
PS Act 1999 and APS Values
Section 10 of the PS Act lists the APS Values
Committed to Service - The APS is professional, objective, innovative and efficient, and works
collaboratively to achieve the best results for the Australian community and the Government.
Ethical - The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does.
Respectful - The APS respects all people, including their rights and their heritage.
Accountable and Impartial -The APS is open and accountable to the Australian community under
the law and within the framework of Ministerial responsibility.
Impartial - The APS is apolitical and provides the Government with advice that is frank, honest,
timely and based on the best available evidence.
Policy
NDIA Values
Assurance
Empowerment
Responsibility
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Learning
Integrity
NDIA Policies
APSC Policy – APS Values and Code of Conduct in Practice – Section 5 Conflict of Interest
APS Employment Principles
NDIA Recruitment Policy – Provides guidance to selection panel members on Conflict of Interest
Conflict of Interest Policy Internal – Applies to employees, SES employees , Board Members –
Conflict of Interest Policy External – Cover External providers including LAC partners
NDIA Enterprise Agreement 2020-2023
Procedures
Public Service Act 1999 (PS Act) Code of Conduct
Conflict of Interest Declaration Form – Internal Employees
Conflict of Interest Declaration Form - Board Members
The Fact Sheet details advice for managing Conflicts of Interest
Code of Conduct Procedures
As per Section 15(3) of the PS Act, the CEO has established procedures for determining breaches
of the Code of Conduct in line with the APS Commissioner’s Direction.
Under Section 78 (7) of the Public Service Act, the CEO has delegated his powers for determining
breaches of the Code of Conduct as per the HR delegations Instrument.
Restricted Access
An additional levels of privacy protection of a client record known as restricted access (RA). These
additional protections may be invoked at any time during the participant pathway, and may be
requested by the participant (e.g. an employee), their representative or following a recommendation
by the Agency.
The Agency has issued procedures for employees to follow through Restricted Access Task Card
and Quick Reference Guide.
NDIA Conditions of Contract
Standard contract form (Complex Services) includes Clause 8.15. Conflict of Interest
8.15.1. The Contractor warrants that, to the best of its knowledge after making diligent inquiries at
the Contract Commencement Date, no Conflict of Interest exists or is likely to arise in the
performance of its obligations under the Contract by itself or by any of its Personnel. The Contractor
must notify the Agency in writing immediately if such a Conflict of Interest arises, or appears likely to
arise.
8.15.2. Within five Business Days after giving notice under clause 8.15.1, the Contractor must notify
the Agency in writing of the steps it will take to resolve the issue. If the Agency considers those
steps are inadequate, it may direct the Contractor to resolve the issue in a manner proposed by the
Agency.
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8.15.3. If the Contractor fails to notify the Agency in accordance with clauses 8.15.1 or 8.15.2, or is
unable or unwilling to resolve the issue in the required manner, the Agency may terminate the
Contract in accordance with clause 12.3.
Employees of the Contractor complete the Confidentiality Declarations for NDIA and DHS and Entry level
check form
Monitoring & Reporting
Ministerial and Complaint Handling
NDIA has a Complaints and Feedback Policy July 2016 which outlines procedures for complaints relating to
the work of the Agency or sourced partners including LAC’s. These include complaints made via
Ombudsman; MP/ Ministerial Correspondence; Complaint to CEO, Board, Executive; Sensitive / Complex
Complaints; Allegations of breaches of Code of Conduct; Media; Public Interest Disclosure matters.
Fraud/Risk Management Framework
Strategic and operational risk reporting into relevant governance bodies: ARFC, EMG, Board
The Agency has a Fraud Control Policy and Plan which outline response to potential breaches
including: detection, triage, assessment Investigation, remediation and resolution, recovery and
reporting
Training & Support
Learning Modules and Guidance Materials
Recruitment and On-boarding training for employees and contracted recruitment providers
undertaking the recruitment process.
Induction program includes Conflict of Interest
Manger Fact Sheet Conflict of Interest – provides guidance and examples for managers/employees
Restricted access Task Card and Quick Reference Guide
Annual Mandatory training courses for employees available online in the following areas:
- Fraud Awareness
- Security Awareness
- APS, Employment Principles and Code of Conduct
- Information Handling and the NDIA
Scenarios
NDIA has a high number of employees identified as a person with disability; as well as having a high
percentage of employees with a lived-experience, this creates a unique level of risk around conflict of
interest. To provide an appropriate level of confidence for the Board that employees of the Agency are able
to identify, resolve or manage internal conflicts of interest, specific scenarios unique to NDIA staff have
been provided to illustrate how these are managed within this NDIA Integrity Framework.
Scenario 1: employee as participant
The employee as a participant of NDIA may be seen to be making improper use government policy
information, delegation and government files.
The following details which assurance mechanisms apply and do not apply in scenario 1.
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1. Legislative
All legislative assurance mechanisms apply in scenario 1:
NDIS Act 2013
Crimes Act 1984
PGPA Act 2013 Sections 26-29
Public Interest Disclosure Act 2013
Public Service Act 1999
APS Code of Conduct
APS Values
2. Policy
The following policy assurance mechanisms apply in scenario 1:
APSC Policy Conflict of Interest
NDIA Recruitment Policy
NDIA Conflict of Interest Policy – internal
NDIA Values
NDIA Enterprise Agreement 2020-2023
APS Employment Principles
The following policy assurance mechanisms
do not apply in scenario 1:
NDIA Conflict of Interest Policy – external
NDIA Conditions of Contract
3. Procedures
The following procedures assurance mechanisms apply in scenario 1:
Conflict of Interest Declaration – NDIA employees, contractors and consultants
Code of Conduct procedures
Restricted Access for employees as participants, family members, Board members (Task card)
The following procedures assurance mechanisms
do not apply in scenario 1:
Conflict of Interest Declaration - Board members monthly
Commonwealth Procurement Guidelines & Contract management policy
4. Monitoring & Reporting
All monitoring and reporting assurance mechanisms apply in scenario 1:
State of the Service report – Code of Conduct
External Audit programs, e.g. ANAO
Ministerial & Complaint Management
Fraud/Risk Management Framework
Internal Audit Program
5. Training & Support
All training and support assurance mechanisms apply in scenario 1:
Conflict of Interest fact sheet
Ongoing fraud & awareness training (face to face & e-learning)
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Restricted Access Task Card and Quick Reference Guide
Induction training includes Conflict of Interest
Employee Mandatory Annual Online training in APS Values, Code of Conduct, Fraud, Security and
Information Handing
Recruitment/On-boarding training
Scenario 2: contractor / consultant
Contract / Consultant engaged due to expert experience of disability, such as in service or support
provision. Could be seen as having unduly influenced decisions made by the NDIA in relation to the entity.
The following details which assurance mechanisms apply and do not apply in scenario 2.
1. Legislative
The following legislative assurance mechanisms apply in scenario 2:
Crimes Act 1984
Public Interest Disclosure Act 2013
The following legislative assurance mechanisms
do not apply in scenario 2:
NDIS Act 2013
PGPA Act 2013 Sections 26-29
Public Service Act 1999
APS Code of Conduct
APS Values
2. Policy
The following policy assurance mechanisms apply in scenario 2:
NDIA Conflict of Interest Policy – external
NDIA Conditions of Contract
NDIA Values
The following policy assurance mechanisms
do not apply in scenario 2:
APSC Policy Conflict of Interest
NDIA Recruitment Policy
NDIA Conflict of Interest Policy – internal
NDIA Enterprise Agreement 2020-2023
APS Employment Principles
3. Procedures
The following procedures assurance mechanisms apply in scenario 2:
Conflict of Interest Declaration - Board members monthly
Code of Conduct procedures
Restricted Access for employees as participants, family members, Board members (Task card)
The following procedures assurance mechanisms
do not apply in scenario 2:
Commonwealth Procurement Guidelines & Contract management policy
Conflict of Interest Declaration – NDIA employees, contractors and consultants
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4. Monitoring & Reporting
All monitoring and reporting assurance mechanisms apply in scenario 2:
State of the Service report – Code of Conduct
External Audit programs, e.g. ANAO
Ministerial & Complaint Management
Fraud/Risk Management Framework
Internal Audit Program
5. Training & Support
The following training and support assurance mechanisms apply in scenario 2:
Conflict of Interest fact sheet
Ongoing fraud & awareness training (face to face & e-learning)
Restricted Access Task Card and Quick Reference Guide
Induction training includes Conflict of Interest
The following training and support assurance mechanisms
do not apply in scenario 2:
Employee Mandatory Annual Online training in APS Values, Code of Conduct, Fraud, Security and
Information Handing
Recruitment/On-boarding training
Scenario 3: executive secondment
Senior Executive from a Disability Services Agency or Group who is placed on secondment with NDIA as
part of the Executive Placement Program, may be seen as unduly influencing decisions made by the NDIA
in relation the Disability Services Agency or Sector.
The following details which assurance mechanisms apply and do not apply in scenario 3.
1. Legislative
All legislative assurance mechanisms apply in scenario 3:
Crimes Act 1984
Public Interest Disclosure Act 2013
NDIS Act 2013
PGPA Act 2013 Sections 26-29
Public Service Act 1999
APS Code of Conduct
APS Values
2. Policy
The following policy assurance mechanisms apply in scenario 3:
APSC Policy Conflict of Interest
NDIA Conditions of Contract
APS Employment Principles
NDIA Conflict of Interest Policy – internal
NDIA Values
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The following policy assurance mechanisms
do not apply in scenario 3:
NDIA Conflict of Interest Policy – external
NDIA Recruitment Policy
NDIA Enterprise Agreement 2020-2023
3. Procedures
The following procedures assurance mechanisms apply in scenario 3:
Code of Conduct procedures
Restricted Access for employees as participants, family members, Board members (Task card)
Commonwealth Procurement Guidelines & Contract management policy
Conflict of Interest Declaration – NDIA employees, contractors and consultants
The following procedures assurance mechanisms
do not apply in scenario 3:
Conflict of Interest Declaration - Board members monthly
4. Monitoring & Reporting
All monitoring and reporting assurance mechanisms apply in scenario 3:
State of the Service report – Code of Conduct
External Audit programs, e.g. ANAO
Ministerial & Complaint Management
Fraud/Risk Management Framework
Internal Audit Program
5. Training & Support
The following training and support assurance mechanisms apply in scenario 3:
Conflict of Interest fact sheet
Ongoing fraud & awareness training (face to face & e-learning)
Restricted Access Task Card and Quick Reference Guide
Induction training includes Conflict of Interest
Employee Mandatory Annual Online training in APS Values, Code of Conduct, Fraud, Security and
Information Handing
The following training and support assurance mechanisms
do not apply in scenario 3:
Recruitment/On-boarding training
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DOCUMENT 2
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Conflict of Interest - Disclosure Form
General details
Employee’s Surname
Given Name/s
Position
Branch / Location
Manager’s Name
Declaration of interests
Describe the private interests that have the potential to impact on your ability to carry
out, or be seen to carry out, your official duties impartially and in the public interest.
(Describe your private interests and/or associations)
Role at the NDIA
Describe the expected roles/duties you are required to perform.
(Describe the duties you are required to perform)
Identifying the conflict of interest
The conflict of interest has been identified as: (Please select applicable conflicts below)
A real conflict of interest
An apparent conflict of interest
A potential conflict of interest
Financial interest
Personal interest
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Employee Declaration
Describe the actions you have taken to avoid any real or apparent conflict of interest:
I declare that the above details of my private interests are correct to the best of my
knowledge and am aware of my responsibilities to take reasonable steps to avoid any real or
apparent conflict of interest in connection with my public service employment and to advise
my manager of any relevant changes in my personal circumstances.
Signature:
Date:
Action by Manager
Describe the action proposed to mitigate the real or apparent conflict which has been
disclosed and the reasons for the decisions:
The above action has been discussed with the employee and is appropriate to resolve the real or
apparent conflict of interest disclosed above.
Signature of manager:
Date:
Employee endorsement of proposed actions
Signature of employee:
Date:
Approval by Regional Manager or General Manager (for National Office teams)
Approved – Please discuss
Signature of RM / GM:
Date:
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DOCUMENT 3
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Conflict of Interest Fact Sheet
The APS Code of Conduct requires that APS employees must disclose, and take reasonable steps to avoid
any conflict of interest (real or apparent) in connection with their employment.
This factsheet should be read in conjunction with the Conflicts of Interest Policy – Internal.
This fact sheet is also designed to assist managers to make informed decisions when dealing with conflict
of interest situations.
What do I need to know?
An employee must notify their manager where there is a real or apparent conflict of interest.
A real conflict of interest occurs where there is a conflict between the public duty and personal
interests of an employee that improperly influences the employee in the performance of his or her
duties.
An apparent conflict of interest occurs where it appears that an employee’s personal interests could
improperly influence the performance of his or her duties but in fact, this is not the case.
An employee should take reasonable steps to avoid or remove themselves from the real or apparent
conflict of interest, whether it be a personal or financial interest.
Personal interest is an interest that an employee may have in a matter because it may involve family
or other relationships, friendships, or positions in associations or other interests that may or may not
involve financial gain or loss.
Financial interest is an interest that an employee may have in a matter because of the reasonable
likelihood or expectation of appreciable financial gain or loss to the individual or to a relative or
friend or affiliated association.
Conflict of interest has a strong link to the APS Code of Conduct, and serious breaches can be a
criminal matter.
At times, any employee may become aware that a colleague or third party has a real or apparent
conflict of interest impacting on the NDIA. Employees should bring this to the attention of their
manager or, where appropriate, the colleague/third party directly.
As a manager, if you suspect or become aware that an employee has a real or apparent conflict of
interest, you should have a conversation with them and take appropriate action. This could be
having the employee complete a ‘Conflict of Interest – Disclosure Form’, notifying your manager, or
escalating the matter to the People and Culture Division.
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What to consider
It is vital to have a broad discussion about conflict of interest to develop a shared understanding of
the issues and mitigate risk. Employees who wish to work with providers or in the disability sector
pose a particular concern regarding conflict.
Employees who are participants, or have immediate family who are participants, must follow
relevant NDIA operating procedures for restricted participants.
Employees wishing to engage in outside employment, including in a voluntary capacity, and who
suspect there may be a real or apparent conflict of interest with their NDIA responsibilities, should
seek approval to undertake these activities prior to commencing the outside employment, or as soon
as practicable.
All SES employees are required to provide an annual statement of their private interests to be
assessed for potential conflict of interest.
Contractors are required to advise of potential conflicts of interest as part of their contract.
Maintaining public confidence in the integrity of our people and impartiality of our decisions is critical
to our operations.
The NDIA Risk/Fraud policy stipulates that if any employee suspects or becomes aware of
inappropriate activity by scheme participants, providers or NDIA employees, they should report this.
Conflict of interest process
An employee needs to advise their manager immediately if they believe that a conflict of interest will
arise with their official duties by completing the Conflict of Interest – Disclosure Form.
An employee must take immediate action to ensure that they remove themselves from the potential
conflict of interest situation, including removing themselves from involvement in any related
recommendation, approval or decision-making processes.
An employee must advise their manager of any future change in their personal or financial
circumstances that may affect the action already taken.
As a manager you have the responsibility to balance the needs of the NDIA and the employee’s
circumstances and determine whether:
o there is, or could be, a conflict of interest;
o it is reasonable and necessary to ask the person to dissociate from the interest;
o to change the person's duties or to transfer the person to other duties where there is a
conflict; and
o
if appropriate to allow the person to continue their current duties with or without some
alterations.
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DOCUMENT 4
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Conflicts of Interest Policy - Internal
Table of Contents
Conflicts of Interest Policy - Internal.............................................................................................................. 1
Why do we have this policy? ..................................................................................................................... 2
Who does this policy apply to? .................................................................................................................. 2
Who holds delegations under this policy? ................................................................................................. 2
Policy Statement ....................................................................................................................................... 2
Authority.................................................................................................................................................... 3
Declaration of interests ............................................................................................................................. 3
SES Employees ........................................................................................................................................ 4
Types of conflicts of interest ...................................................................................................................... 4
Gifts .......................................................................................................................................................... 4
Outside employment ................................................................................................................................. 4
What other information is relevant to this policy? ...................................................................................... 5
Review of employment actions .................................................................................................................. 5
Version control .......................................................................................................................................... 6
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Why do we have this policy?
1. To provide guidance to all National Disability Insurance Agency (NDIA) employees and managers to
ensure that the management of conflicts of interest is applied in conjunction with NDIA policies,
practices and business processes.
Who does this policy apply to?
2. This policy applies to all employees covered by the NDIA Enterprise Agreement (EA) including SES
employees.
3. Labour Hire employees and consultants are required to comply with conflicts of interest obligations as
per relevant sections of their contracts.
Who holds delegations under this policy?
4. Please refer to the HR Delegations Matrix to identify who has the authority for decision making relating
to this matter.
Policy Statement
5. The APS Code of Conduct (the Code) requires all employees to take reasonable steps to avoid any
conflict of interest, real or apparent, in connection with their employment.
6. The appearance of a conflict can be just as damaging to public confidence in public administration as a
conflict which gives rise to a concern based on objective facts.
7. Employees need to be aware that their private interests, both financial and personal, could conflict with
their official duties and that it is their responsibility to notify their manager about any real or apparent
conflicts of interest, and any changes to already declared real or apparent conflicts of interest.
8. This policy includes identifying, disclosing and managing conflicts of interest (real or apparent). It
supports the implementation of procedures to prevent these situations occurring and/or introduces
measures to mitigate the risk of future potential conflicts of interest.
9. A real conflict of interest occurs where there is a conflict between the public duty and personal interests
of an employee that improperly influences the employee in the performance of his or her duties.
10. An apparent conflict of interest occurs where it appears that an employee’s personal interests could
improperly influence the performance of his or her duties but in fact, this is not the case.
11. Conflicts of interest, real or apparent, cannot always be avoided. Where this is the case, employees
are required to fully disclose details of any material personal interest in connection with their
employment in accordance with the Code of Conduct.
12. Where a personal relationship or interest may conflict, or appear to conflict, with an employee’s official
duties, or where the employee has a material personal interest that either relates to the affairs of the
NDIA, or is in connection with the employee’s APS employment, the interest must be disclosed and
reasonable steps taken by the manager and employee to manage the conflict. Disclosures will be
handled confidentially by the NDIA.
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13. Real or apparent conflicts of interest that are not disclosed may, depending on the facts, amount to a
breach of the APS Code of Conduct and/or the employee’s duties under the
Public Governance,
Performance and Accountability Act 2013 (PGPA Act) and be subject to a formal investigation and
sanctions. Criminal law proceedings may also be initiated for more serious conflict of interest breaches.
Authority
14. All employees are required by the APS Code of Conduct to behave with integrity and to avoid and
manage conflicts of interest within their employment. The APS Code of Conduct is binding on all APS
employees.
15. The APS Code of Conduct, as set out in section 13 of the
Public Service Act 1999, requires that an
APS employee must (relevantly):
a.
behave honestly and with integrity in the course of APS employment;
b.
take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the
employee’s APS employment;
c.
disclose details of any material personal interest of the employee in connection with the
employee’s APS employment; and
d.
not improperly use inside information or the employee’s duties, status, power or authority:
i.
to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or
ii.
to cause, or seek to cause, detriment to the employee’s Agency, the Commonwealth or any
other person.
16. In addition, section 29 of the PGPA Act requires an official of a Commonwealth entity who has a
material personal interest that relates to the affairs of the entity, to disclose details of that interest. The
NDIA is a Commonwealth entity for the purposes of the PGPA Act.
Declaration of interests
17. It is the responsibility of all employees to consider and declare personal interests or relationships that
may, or may be seen to, improperly influence or impact on the decisions they are making or the advice
they are giving. This includes personal interests that could be considered to be a material personal
interest that either relates to the affairs of the NDIA, or that is in connection with the employee’s APS
employment.
18. A ‘Conflict of Interest - Disclosure form’ should be used by employees to make a conflict of interest
disclosure. These completed forms should be stored on the employee’s personnel record.
19. Completion of a ’Conflict of Interest – Disclosure form’ does not absolve an employee from their
obligation to avoid a conflict. If the statement discloses a conflict, arrangements need to be developed
to manage the conflict. All conflicts of interest will be managed transparently with joint participation of
the employee and manager(s).
20. If a conflict arises subsequently through a change of duties or because of a particular job or project, it
is the employee's responsibility to draw attention to the conflict and to take reasonable steps to avoid it.
21. Conflict of Interest disclosures should be reviewed at least annually, or at any time a real or apparent
conflict of interest arises. All employees need to alert their manager if there is any real or apparent
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conflict of interest that arises at any time, or if they gain a material personal interest that either relates
to the affairs of the NDIA, or that is in connection with the employee’s APS employment.
22. A register will be maintained and held in confidence at the regional level (divisional for National Office)
which will track conflict of interest declarations and the appropriate actions and decisions taken to
mitigate any real or apparent conflicts of interest.
23. The information you provide on the ‘Conflict of Interest - Disclosure form’ wil be provided to your
manager to enable appropriate management of work relationships and duties. This may also be
disclosed for the same purpose to your EL2 Director, Branch Manager, General Manager and/or the
Chief Executive Officer. The People and Culture Division will be provided with your original form for
storage on your personnel file.
SES Employees
24. Commonwealth Government policy requires all Agency Heads and SES employees to submit a written
declaration of their interests annually (financial and personal). An ‘SES Declaration of Interests form’
has been developed for this purpose.
Types of conflicts of interest
25. The following types of conflicts of interest are provided as a guide but are not an exhaustive list. Each
instance should be reported to the relevant employee’s manager.
a.
social relationships
b.
personal relationships
c.
private/corporate business;
d.
outside employment including voluntary/unpaid work
e.
gifts.
Gifts
26. As a general rule, it is not appropriate for employees to accept gifts, hospitality or other benefits while
performing official duties. The main risk of accepting a gift or other benefit is that it may result in a real
or apparent conflict of interest. At the extreme, it could be perceived as a bribe, which is an offence
under the
Criminal Code Act 1995 and a breach of the APS Code of Conduct.
27. The NDIA Finance Policies which are owned by the Finance Division provide processes for disclosing
details of all gifts and benefits received and made by the NDIA and principles for sponsorship
arrangements. Gifts or benefits may include hospitality, meals, entertainment, discounts and
promotional materials. These policies are found on the Finance policies intranet page.
Outside employment
28. Employees are generally able to engage in outside employment provided it does not conflict with or
adversely affect the performance of their official duties, involve a real or apparent conflict of interest, or
bring the NDIA or APS into disrepute.
29. Unpaid or voluntary outside work can present the same potential for conflict of interest as paid outside
employment, and should therefore be subject to the same conflict of interest considerations.
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30. The NDIA Outside Employment Procedure provides employees and managers with information about
their rights and responsibilities related to outside works and the application and approval process that
must be applied.
What other information is relevant to this policy?
31. This policy is covered by the following legislation:
a.
Public Service Act 1999
b.
Fair Work Act 2009
c.
APS Values and Code of Conduct
d.
Criminal Code Act 1995
e.
Public Governance, Performance and Accountability Act 2013
32. The following policies and documents should be read in conjunction with this policy:
a.
NDIA Enterprise Agreement 2020-2023
b.
HR Delegations Matrix
c.
Conflict of Interest Fact sheet
d.
Conflict of Interest Disclosure Form
e.
Conflict of Interest Integrity Framework
f.
Code of Conduct in practice (external): A guide to official conduct for APS employees and
agency heads
g.
NDIA Values
h.
NDIA Outside Employment Procedure
i.
NDIA Finance Policies
j.
Social Media Policy (DOCX 1.4MB)
k.
NDIA Community Volunteering Factsheet
Review of employment actions
33. Employees should speak to their manager in the first instance in relation to employment related
decisions and actions.
34. Employees may be entitled to request a review of decisions and/or actions as per the NDIA Review
Rights Policy.
35. People and Culture Division can provide support and assistance to both employees and managers
involved in a review process.
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Describe any real or perceived conflict of interest which may impact on your official duties in NDIA.
Applicant’s signature
Signature:
Date:
Manager to complete
Do you consider the outside employment will place the applicant in a real or perceived conflict of interest
with their National Disability Insurance Agency official duties?
Yes
No
If Yes, please comment
The conflict of interest should be declared and managed using the Conflict of Interest - Disclosure Form.
Do you consider the outside employment will adversely impact on the applicant’s performance of their
official duties?
Yes
No
If Yes, please comment
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FOI 20/21-0857
Do you recommend approval of this application?
Yes
No
If No, please comment
Manager’s details
Name:
Signature:
Position:
Phone:
Delegate to complete (minimum EL2 Director)
Does the application meet the requirements of the Outside Employment advice on the intranet?
Yes
No
Approved
Not Approved
Provide reasons if Not Approved
Delegate’s details
Name:
Signature:
Position:
Phone:
Employee advised in writing
Date
Name
Signature
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DOCUMENT 6
FOI 20/21-0857
Outside Employment Procedure
What is Outside Employment?
Outside Employment occurs where a National Disability Insurance Agency employee engages in paid, unpaid
or voluntary work, including directorships and community volunteering outside of normal working hours. For
more information refer to the intranet page.
Procedures for approving Outside Employment
Do I need to tell National Disability Insurance Agency about any Outside Employment I intend to
undertake?
No, you only need to apply for approval to engage in outside employment where:
the activity may affect your efficiency, effectiveness and/or availability to perform your National
Disability Insurance Agency duties – e.g. working a midnight to dawn shift as a taxi driver
the proposed employment could reasonably be regarded by the public or other interested parties as
involving a conflict of interest – e.g. you propose working for a community organisation that your
work area funds; and/or
the activity relates to confidential, proprietary or particular information to which you access by virtue
of your National Disability Insurance Agency employment – e.g. you propose to work for a
community organisation in the field that your work area develops policy for.
Can I undertake Outside Employment while on leave?
Yes, you only need to seek approval to engage in outside employment where it will involve one of the
situations outlined above.
If my Outside Employment may involve one of the situations outlined above, what is the process for
seeking approval to engage in Outside Employment?
Complete the attached application form prior to commencing any outside employment activity.
Submit the completed form to your manager for endorsement.
Your Manager refers the completed form to your EL2 Director for approval.
Once approved, the completed form is forwarded to the HR inbox at xx@xxxx.xxx.xx for action.
If not approved, the EL2 Director advises you of the reason for non-approval and your right of review.
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