1. Purpose

SSAH is committed to fair, transparent, accountable and impartial decisions. This policy helps workers identify, disclose and manage conflicts between their SSAH duties and private, professional or other interests, protecting clients, organisational integrity and public confidence.

2. Scope

This policy applies to the Director, employees, contractors, subcontractors, students and volunteers. It covers clinical services, referrals, supervision, management, recruitment, procurement, contracting, research, education, community work and organisational decisions.

3. Governing principles

Client interests. Clinical and referral decisions prioritise the client's rights, safety, preferences and informed choice.

Early disclosure. A conflict is disclosed before the affected person participates in the decision or action.

Perception matters. A conflict is managed even where the person believes they can remain objective, if a reasonable person could perceive improper influence.

Proportionate controls. Management may include disclosure, restriction, independent review, reassignment, recusal, divestment or ending the conflicting activity.

Documented accountability. Conflicts, decisions, controls and reviews are entered in the register of interests.

4. Definitions

Conflict of interest: a situation in which a private interest, relationship or other duty interferes, could interfere, or could reasonably appear to interfere with a person's SSAH duties or objective judgement.

Actual conflict: a direct conflict between current duties and an existing interest.

Perceived conflict: a situation in which a reasonable person could believe that an interest improperly influences duties, whether or not it does.

Potential conflict: an interest that is not currently in conflict but could become so.

Pecuniary interest: an interest involving possible financial gain or loss.

Non-pecuniary interest: a personal, family, professional, political, community, cultural, religious or other non-financial interest.

5. Legal, ethical and professional framework

SSAH applies this policy consistently with the following requirements, where relevant:

• AASW Code of Ethics 2020 and current AASW Practice Standards.

• NDIS Code of Conduct and applicable NDIS Practice Standards, where SSAH provides NDIS supports or services.

• Privacy Act 1988 (Cth), Health Records Act 2001 (Vic) and other applicable privacy or health-record law.

• Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

• Applicable employment, corporations, funding, procurement, fraud and corruption requirements.

6. Recognising conflicts

6.1 Clinical and professional conflicts

A conflict may arise where duties to one client are compromised, or could appear to be compromised, by duties to another client, a colleague, the worker, SSAH or a third party. Workers must consider the perspective of clients, colleagues, funders and the community, and seek supervision even if they believe the conflict is manageable.

6.2 Financial interests

Examples include:

• shares, directorships, company offices, trusts or business partnerships;

• a spouse's or partner's financial interests;

• secondary employment, private practice or paid external work;

• future employment prospects or post-separation plans; and

• using highly specialised skills for an external organisation where SSAH duties may be affected.

6.3 Non-financial interests

Examples include:

• a decision that benefits a relative, friend, household member or association colleague;

• affiliation with a business, charity, sporting body, club, political party, trade union, professional organisation, cultural, community or religious group;

• a significant family, personal or professional relationship with a client, applicant, contractor, customer or worker;

• personal dislike, competition, loyalty or obligation that could influence judgement; and

• another duty, role or commitment that competes with a duty to SSAH.

7. Policy requirements

Conflicts are common and need not become misconduct if they are disclosed and effectively managed. Every person within scope must:

• avoid a conflict where a reasonable alternative is available;

• identify and disclose actual, potential and perceived conflicts promptly;

• take no affected action until an authorised management decision is made, unless immediate client safety requires action;

• comply with the documented management plan and monitor the conflict until resolved; and

• report suspected breaches of this policy.

For client referrals, SSAH will refer no more than 25 per cent of its total referrals to a service within the same company. Referral options, relationships and any financial interest must be disclosed, and client choice must be preserved.

8. Disclosure and register

A person must disclose the nature, extent and relevant circumstances of a conflict to the Director, SSAH. The Director maintains a confidential register recording the disclosure, assessment, decision, controls, responsible person, review date and closure.

Access is restricted to people who require the information for governance, advice, investigation or legal compliance. If the Director has the conflict, the matter must be referred to an appropriate independent person, such as an external supervisor, adviser or other authorised decision-maker, and the Director must not determine their own management plan.

9. Management options

The Director, SSAH or independent decision-maker will consider the seriousness and duration of the conflict, its effect on impartial decision-making, alternatives, client impact, organisational resources and reputational risk. Controls may include:

• recording and disclosing the interest to affected people;

• restricting access to information or limiting the person's role;

• independent review or supervision;

• reassigning a client, referral, decision, procurement or reporting line;

• requiring the person not to participate in discussion, voting or decision-making and, where necessary, not to be present;

• ending or divesting the private interest, secondary employment or conflicting duty; or

• seeking mediation, professional, insurance or legal advice for a significant or persistent conflict.

10. Roles and responsibilities

The Director, SSAH is responsible for the disclosure system, register, management decisions, monitoring, worker awareness and annual review. All workers are responsible for understanding professional obligations, remaining alert to conflicts and complying with management plans.

11. Non-compliance

SSAH will investigate a suspected failure to disclose or manage a conflict. A substantiated breach may lead to supervision, revised duties, disciplinary action, termination of the engagement or services, notification to a funder or regulator, or legal action, according to seriousness and procedural fairness.

References

Australian Association of Social Workers. Code of Ethics 2020. https://www.aasw.asn.au/about-aasw/ethics-standards/code-of-ethics/

Australian Association of Social Workers. Practice Standards 2023. https://www.aasw.asn.au/about-aasw/ethics-standards/practice-standards/

Commonwealth Ombudsman. Conflict of interest guidelines. https://www.ombudsman.gov.au/__data/assets/pdf_file/0030/29919/Conflict-of-Interest-Guidelines-September-2017.pdf

NDIS Quality and Safeguards Commission. NDIS Code of Conduct. https://www.ndiscommission.gov.au/rules-and-standards/ndis-code-conduct

Banks, S. Ethics and Values in Social Work, 5th edition. Bloomsbury, 2020.

Reamer, F. Social Work Values and Ethics, 4th edition. Columbia University Press, 2013.

Document contact

For questions or concerns about a conflict of interest or this policy, contact the Director, SSAH on 0435 005 669 or hello@socialsense.com.au. Correspondence may also be sent to PO Box 212, Brunswick VIC 3056.