Conflicts of interest
A conflict of interest occurs when a personal interest conflicts or may conflict with the performance of a person’s official duties while working for the Queensland public sector.
Those working for the Queensland public sector must perform their duties in a fair and unbiased way, ensuring that decisions they make are not impacted by self-interest, private affiliations, or the likelihood of gain or loss for them or others that they may wish to benefit or disadvantage.
See sections 89 and 183 of the Public Sector Act 2022 (the Act) for obligations related to conflicts of interest.
Manage conflicts of interest in recruitment
All persons involved in recruitment and selection activities have responsibilities to identify and manage conflicts of interest in recruitment.
Those working for the Queensland public sector, depending on their role and personal circumstances, must declare their personal interests that create an actual, perceived or potential conflict of interest either as directed by their chief executive or at nominated times during their employment.
Personal interests include pecuniary and non-pecuniary interests of an individual and their partner and dependants where such interests create an actual, perceived or potential conflict of interest.
See Declare an interest for a list of what to declare, and information about when and how you should declare them.
Conflicts of interest fall into three categories:
- an actual conflict—where there is a direct conflict between your personal interests and performance of your official duties
- a perceived conflict—when it might reasonably appear to others that personal interests could impact the performance of official duties
- a potential conflict—where it is foreseeable that a conflict with a current interest may arise in the future.
Conflicts can be:
- Pecuniary—where there is a reasonable likelihood of financial loss or gain. For example, you (or a relative or close associate) own property, hold shares or a position in a company bidding for government work or accepting gifts or benefits
- Non-pecuniary—where there is no financial component, but may involve self-interest, personal or family relationships or other affiliations. For example, a tendency toward favour or prejudice resulting from friendship, animosity or other personal involvement that could bias your judgement or decisions.
Secondary employment
Secondary employment may be a conflict of interest if it impacts on your work performance, or health and wellbeing. Alternatively, secondary employment could provide the opportunity for personal loss or gain, such as using confidential information obtained from the government workplace or conducting personal business during work time.
It is best to avoid conflicts of interest, but this is not always possible. The Act contains arrangements at section 89 that apply to public sector employees (excluding chief executives) and section 183 that apply to directors-general of departments.
Public sector employees
If a public sector employee identifies that they have a conflict of interest, the employee should disclose this conflict to their chief executive or delegate as soon as practicable after the relevant facts become known to that person.
The chief executive or delegate you disclosed a conflict of interest to should assess the conflict and determine what action, if any, is required to address it. Wait for instruction from your chief executive or delegate before taking any action or further action concerning a matter that is or may be affected by the conflict.
You may be able to manage or resolve your conflict of interest in the public interest. Your chief executive or delegate will work with you to determine the best approach to achieve this. You must adhere to the agreed resolution strategies.
If your circumstances change, you should consider whether this brings about any new conflicts of interest, or changes to an existing conflict of interest.
Directors-general of departments
If a director-general identifies that they have a conflict of interest, the director-general should disclose this conflict to their departmental minister as soon as practicable after the relevant facts become known to the director-general.
The minister you disclosed a conflict of interest to should assess the conflict and determine what action, if any, is required to address it. Wait for instruction from your minister before taking any action or further action concerning a matter that is or may be affected by the conflict.
You may be able to manage or resolve your conflict of interest in the public interest. Your minister will work with you to determine the best approach to achieve this. You must adhere to the agreed resolution strategies.
If your circumstances change, you should consider whether this brings about any new conflicts of interest, or changes to an existing conflict of interest.
- Employees: speak to your supervisor or HR team
- HR specialists: contact PSC Advisory Service
- Chief and Senior Executive Officers: Contact the Office of the Queensland Integrity Commissioner for written advice regarding conflicts of interest.