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Last updated: 5 October 1989
Circular 1989/11: Conflict of interest - Other than pecuniary interests
Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
The purpose of this memorandum is to provide departments and agencies with further clarification of circumstances that constitute a conflict of interest for officers under the relevant guidelines and regulations.
2. The changes notified in this memorandum relate to Public Service Regulation 8B and Chapter 11 of the Guidelines on Official Conduct of Commonwealth Public Servants (1987), 'Financial and Other Private Interests'.
3. Regulation 8B states that an officer who has an interest, "pecuniary or otherwise", that could conflict with the proper performance of their duties shall disclose that interest and take action to avoid that conflict.
4. To provide further clarity on non-pecuniary interests, the following paragraphs should be inserted after paragraph 11.14 in Chapter 11 of the Guidelines.
"Non-pecuniary interests
11.15 Non-pecuniary interests might include those arising out of relationships based on common interests such as sporting, social or cultural activities as well as family, sexual or other relationships.
11.16 Public servants should not allow themselves to be improperly influenced by family or other close personal relationships in carrying out their duties or exercising powers. They should not allow patronage, favouritism or nepotism to influence their work, particularly in relation to personnel and administrative actions affecting other staff and should avoid as far as possible the appearance of being so influenced. Where relationships are particularly close, for example parent/child, current or former spouse or partner, public servants should as far as possible avoid taking action or exercising powers which would directly affect the person with whom they have that close relationship. Other staff members should ordinarily be asked to make the decision on its merits. The more senior the public servant the more important this principle becomes. Decisions taken by senior public servants should be seen, both within and outside the organisation, as professional and beyond reproach.
11.17 In the following examples, a failure to avoid a conflict of interest other than pecuniary is likely to have occurred:
- work involving travel to a State capital city is repeatedly given to one staff member by a supervisor who is related by marriage (although it is widely recognised that other staff could perform the work) because it provides the staff member with an opportunity to visit relatives;
- the supervisor's spouse is provided with a computer terminal while other staff at the same level are required to share a common one."
5. Secretaries should ensure that this advice is provided to all regional offices.
6. Contact the PSMPC on phone (02) 6202 3859.
Richard Harding
A/g Assistant Commissioner
Staffing Branch
5 October 1989
