CAQ Conflict of Interest Policy
PURPOSE
The purpose of this policy is to assist the Croquet Association of Queensland Inc. Management Committee to effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of CAQ and manage risk.
OBJECTIVE
The CAQ Management Committee aims to ensure that Committee members are aware of their obligations to disclose any conflicts of interest that they may have and to comply with this policy to ensure they effectively manage those conflicts of interest as representatives of CAQ.
SCOPE
This policy applies to members of the CAQ Management Committee.
POLICY
This policy covers the identification, disclosure, and management of conflict of interest.
A conflict of interest occurs when a person’s personal interests conflict with their responsibility to act in the best interests of the organization.
Personal interests include
- direct interests
- as well as those of family and/or friends
- or other organizations a person may be involved with or in which they have an interest
- it also includes a conflict between a Management Committee member’s duty to CAQ and another duty that the Management Committee member may have
- A conflict of interest may be actual, potential, or perceived and may be financial or non-financial
These situations present the risk that a person may make a decision based on, or affected by, these influences, rather than in the best interests of the organization, their ‘fiduciary duty’ and must be managed accordingly.
This policy has been developed because conflicts of interest commonly arise and do not need to present a problem to CAQ if they are openly and effectively managed. It is the policy of CAQ as well as a responsibility of the Management Committee, 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 CAQ.
PROCEDURES
CAQ will manage conflicts of interest by requiring Management Committee members to:
- avoid conflicts of interest where possible
- identify and disclose any actual, perceived, or potential conflicts of interest
- carefully manage any conflicts of interest, and
- follow this policy and respond to any breaches.
RESPONSIBILITY OF THE MANAGEMENT COMMITTEE
The Management Committee is responsible for:
- establishing a system for identifying, disclosing, and managing conflicts of interest across CAQ
- implementing a process that governs a Management Committee member’s involvement in any decisions with which they have a conflict of interest
- maintaining a register of ongoing interest to provide a record of all potential conflicts
- monitoring and ensuring compliance with this policy, and
- reviewing this policy on an annual basis to ensure that the policy is operating effectively.
The Management Committee of CAQ must ensure that its Management Committee members are aware of this policy and that they disclose any actual or perceived material conflicts of interest as required by this policy.
If a person declares themselves to have an existing or potential conflict of interest, confidentiality shall be respected. The Management Committee shall decide about who will have access to the information disclosed and whether it shall be restricted to Management Committee members. It may be necessary to provide for an alternative disclosure mechanism if additional restrictions on disclosure are required.
IDENTIFICATION AND DISCLOSURE OF CONFLICTS OF INTEREST
Once an actual, potential, or perceived material conflict of interest is identified, it must be entered into CAQ’s register of interests, as well as being raised with the Management Committee. Where all of the other Management Committee members share a conflict, the Management Committee should refer to policy principle 4 to ensure that proper disclosure occurs. The register of interests must be maintained by the CAQ Secretary and 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).
ACTION REQUIRED FOR MANAGEMENT OF CONFLICTS OF INTEREST
1. Conflicts of interest of Management Committee members
Management Committee members shall declare any conflicts of interest either at the start of the Management Committee meeting concerned or when a relevant issue arises. The nature of this conflict of interest should be entered into the meeting minutes.
Once the conflict of interest has been appropriately disclosed, the Management Committee (excluding the Management Committee member disclosing and any other conflicted Management Committee member) must decide whether those conflicted Management Committee members 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.
2. What should be considered when deciding what action to take
- In deciding what approach to take, the Management Committee will consider whether the conflict needs to be avoided or simply documented
- whether the conflict will realistically impair the disclosing person’s capacity to impartially participate in decision-making
- alternative options to avoid the conflict
- the association’s objects and resources, and
- the possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the charity.
The approval of any action requires the agreement of at least a majority of the Management Committee (excluding any conflicted Management Committee member/s) who are present and voting at the meeting. The action and result of the voting will be recorded in the minutes of the meeting and in the register of interests.
3. Failure of compliance with this policy
If the Management Committee has a reason to believe that a person subject to the policy has failed to comply with it, it will investigate the circumstances.
A Management Committee member who believes another Management Committee member has an undeclared conflict of interest should in the first instance discuss with the person in question the nature of the conflict. If the person fails to disclose the alleged conflict of interest, then the person suspecting the conflict of interest should specify in writing the basis of the potential conflict of interest to the President who may then raise this with the person concerned or if required, with the Management Committee.
If it is found that this person has failed to disclose a conflict of interest, the Management Committee may act against them. This may include seeking to terminate their relationship with CAQ.
CONFIDENTIAL INFORMATION
CAQ Management Committee members need to acknowledge that from time to time, information will be provided to them which will be considered to be “confidential”. “Confidential information” is any information:
determined by the Committee, and so declared by marking “confidential” or by statement agreed by the Committee at the time of declaration; or
which may be reasonably considered by the Committee to be commercially or otherwise sensitive or likely to be so to the Committee.
Management Committee members have a duty not to make unauthorised disclosure or use of CAQ information and a duty not to disclose or exploit confidential information, such as commercially or price sensitive information or information which is confidential by virtue of a contractual arrangement.
Information is commercially sensitive where it is of specific value to the group concerned, particularly where its disclosure would allow others to “reap without sowing” or would otherwise be detrimental to CAQ. In the context of CAQ, this would involve any information that is of value to CAQ in the sense that its disclosure might cause damage to CAQ’s reputation, or disclose plans which CAQ would not want revealed to its competitors or third parties.
Management Committee members should not reveal any discussions or meetings or documents relating to policies or plans in their initial stages without the consent of the other members of the Committee.
RESPONSIBILITY
The Croquet Association of Queensland’s:
- Management Committee is responsible for adopting this policy.
- Management Committee, staff members (if applicable), contractors and volunteers are responsible for the implementation of this policy.
- Management Committee (or its nominee) is responsible for monitoring changes in legislation and for reviewing this policy as and when the need arises.
AUTHORIZATION
Croquet Association of Queensland Inc. Management Committee.
Any comments or questions on the Conflicts of Interest Policy should be forwarded to:
The Secretary, Croquet Association of Queensland Inc. Ph: 0480 613 711. E-Mail: secretary@croquetqld.org
APPENDIX
Examples of what a conflict of interest could be (but are not limited to):
- When a Management Committee member or their immediate family or business interests stands to gain financially from any business dealings, programs, or services of the organisation
- When a Management Committee member offers professional services to the organisation
- When a Management Committee member stands to gain personally or professionally from any insider knowledge if that knowledge is used to personal advantage
- Where a Management Committee member or the ex/officio member of the Management Committee has a role on the governing body of another organisation, where the activities of that other body may be in direct conflict or competition with the activities of CAQ
- When a Management Committee member or their friend or associate stands to gain from any decisions made by the organisation