It is the responsibility of employees to identify and declare any conflict of interest in all aspects of their work at Monash Health. Where you believe there may be a conflict of interest, this should be raised with your line manager or a People and Culture Business Partner in the first instance, and declared in accordance with the procedure.
What is a conflict of interest?
A conflict of interest can be actual, potential or perceived. Each type of conflict must be recognised, and each must be managed.
Actual – this occurs when a person’s professional role conflicts with their private interests. For example, you are running a tender and one of the bidders is a family member. Or, you are a specialist practitioner, and you are asked in your private practice capacity to provide an expert medical report in litigation in which your employer, Monash Health, is a party, or in litigation involving a patient of Monash Health.
Potential – there is no actual conflict of interest at the time that the issue is identified but there could be one over time. For example, you work within IT and a family member works for a software company. You have no tenders for software currently but will likely hold one in the future.
Perceived – a perceived conflict is trickier. There may not be any actual or potential conflict, however someone could reasonably think there is one and this could have its own ramifications. For example, a manager who manages a close friend or family member. It could reasonably be perceived that the employee would receive preferential treatment due to the relationship even if this is not the case.
Areas where a conflict of interest could arise
Procurement activities
One of the most important areas where conflict of interest needs to be managed is in the process of purchasing goods or services. We have a centralised procurement function that can provide independent oversight and ensure appropriate governance over the tendering and procurement process. For each procurement activity, individuals involved in the purchasing process are asked to disclose any private interest that they, or their immediate family members, may have with any contractor or supplier involved in business (or tender process) with Monash Health.
You must declare any actual, potential or perceived conflict of interest so that it can be managed by the procurement team. This will ensure that all goods and services provided are selected based on clearly defined specifications and not on any unfair advantage.
If you are unsure if a conflict of interest exists, it should always be raised with the tender manager and recorded so that it is given proper consideration and can be managed appropriately.
Recruitment
When recruiting, it is important that you declare any conflict of interest prior to the interview steps. A conflict of interest could include knowing the candidate from a previous working relationship, or socially. Declaring a conflict of interest does not prevent you from being involved in the interview and selection process, but ensures that the bias can be managed and considered by other interview panel members.
Identifying, declaring and managing a conflict of interest is necessary to ensure a fair and transparent recruitment process. If interview panel members do not declare a conflict of interest, their decisions may not be objective.
Public and Private Medical Practice Arrangements
Medical specialist practitioners who are employed by Monash Health frequently have private medical practices as well. It is critical that any work undertaken in a private capacity does not give rise to an actual, perceived or potential conflict of interest between your private business activities and your obligations of confidentiality to your employer. Such a conflict might arise where a specialist practitioner is asked by lawyers to provide an expert witness report on a Monash Health patient, or where a specialist practitioner agrees to accept instructions to give expert evidence against Monash Health in a litigated court proceeding.
Personal relationships
Being in a consensual personal relationship with a colleague at Monash Health is a private matter and ordinarily, Monash Health does not need to be notified. However, where there is a hierarchical relationship or an actual, potential or perceived conflict of interest arising, notification of the relationship to Monash Heath is required.
When a relationship exists that is not hierarchical in nature, a declaration is not required. Each person is to manage the potential risk of conflict of interest and only needs to declare the relationship when an actual, potential or perceived conflict of interest cannot be avoided. For example, applying for a role in the area where you have the relationship.
A consensual personal relationship might include consensual sexual, intimate and/or romantic relationships between adults of any sex or gender identity. These relationships may be casual, periodic or regular and they may or may not constitute a primary relationship. A familial relationship of spouse or de facto partner also constitutes a consensual personal relationship.
Reporting conflicts of interest
It is your responsibility to report any actual, potential or perceived conflicts of interest to your manager or tender manager. This will allow for the conflict of interest to be noted and amendments to practice undertaken if required. In many cases, the act of declaring the conflict of interest is sufficient and no change to your involvement will be required.
Information on managing conflicts of interest can be found on PROMPT or by discussing the matter with either your manager or a People and Culture Business Partner.
Approved by Karen Lowe and Peter Ryan