Councillors' Interests Policy
Designated officer: Vice-Chancellor
Council approval: C01/53, 2 October 2001
Last amended: C06/115, 5 December 2006
Related policies:
1. Overview
1.1 The Council of the University of the Sunshine Coast recognises the five fundamental ethical principles set out in the University's Code of Conduct. This Councillors' Interests Policy forms part of the broader application of two of those principles, namely Respect for the Law and System of University Governance and Integrity.
1.2 Therefore, and in keeping with the obligation of the members of Council pursuant to the University of the Sunshine Coast Act, 1998 to 'act in the way that…is most likely to promote the university's interests', all Council members must act in good faith in avoiding both actual conflicts of interest and the perception, whether founded or not, of a conflict of interest between the interests of the University and their own personal, professional, and business interests. To this end:
- a Councillors' Interests Register will be maintained by the Office of the Vice-Chancellor to record all of the relevant interests of Councillors
- all actual or identified potential conflicts of interest of Council members must be declared by Council members at all meetings at which any matter is discussed involving the relevant conflict
- the minutes of every meeting must record all such declarations.
1.3 Council has adopted the six major options for managing conflicts of interests as set out in the Crime and Misconduct Commission (CMC)/Independent Commission Against Corruption (ICAC) publication, ‘Managing Conflicts of Interest in the Public Sector’:
- Register: All conflicts of interest are registered regardless of the management strategies adopted
- Restrict: Restrictions are placed on a Councillor’s involvement in a matter (eg refraining from taking part in discussion and/or decision making; having restricted access to sensitive documents or confidential information)
- Recruit: A disinterested third party is used to oversee part or all of the process that deals with the matter
- Remove: The Councillor removes him or herself from any involvement in the matter (eg absenting oneself from discussion and decision making)
- Relinquish: The Councillor relinquishes the private interest that is creating the conflict and
- Resign: The Councillor resigns from his or her position.
1.4 Council recognises that conflicts of interest do and will occur as a necessary part of business and commerce. This Policy deals only with how those conflicts are handled and the disclosure of interests, and potential or actual conflicts of interest, in accordance with this Policy are not intended to prejudice the position of Council members in relation to engagement in the ongoing business of Council. Nor is it intended that disclosures will preclude the relevant Council member from subsequent involvement in University activities.
2. Conflicts of interest
2.1 Whilst it is not possible to set out a definitive list of instances which will amount to potential or actual conflicts of interest, Council has identified the following circumstances as being indicative of circumstances which will or may give rise to potential or actual conflicts of interest requiring disclosure under this Policy:
(a) Outside interests including but not restricted to:
- A contract, consultancy or transaction between the University and the Council member or a family member of that Council member
- A contract, consultancy or transaction between the University and a company, organisation, partnership, business or entity in which the Council member or a family member of that Council member, has a material financial or controlling interest or of which such person is a director (or equivalent position), officer, agent, partner, associate or trustee
(b) A personal relationship with a member of staff or student of the University where a decision of the Council affects or is likely to affect that person.
(c) An academic position held by a Council member with another university where a decision of Council affects or is likely to affect an aspect of competing specific academic goals of the University of the Sunshine Coast and that other university eg in relation to a decision to introduce a new course to the University.
(d) A professional position or involvement of a Council member outside the University which is affected or likely to be affected by a decision of the Council eg a decision to engage or not engage, under contract, a firm of which a Council member's business is a significant competitor.
(e) Gifts, gratuities and entertainment eg received from a third party who has, or may reasonably be considered to have, an interest in the outcome of a decision of Council.
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3. Policy
3.1 Each Council member must, upon appointment, be provided with a copy of this policy.
3.2 A Councillors' Interests Register must be maintained by the Office of the Vice-Chancellor.
3.3 The Register must be held by the Vice-Chancellor. All entries must be treated as highly confidential. No personal information will be disclosed except to the extent necessary to implement this Policy.
3.4 Each Council member must, when appointed to Council, notify the Office of the Vice-Chancellor of all relevant interests and relationships of the Council member (refer to item 2.1 above for guidance) for entry in the Councillors' Interests Register. This notification will be given by completing a Councillors' Interest Declaration, in the attachment below.
3.5 Each Council member shall have an ongoing obligation during their term of office to notify the Vice-Chancellor of relevant interests or relationships as they arise that the Council member becomes aware may reasonably be expected to be, or result in, a conflict of interest (refer to item 2.1 above for guidance).
3.6 The Vice-Chancellor is responsible to keep Council informed of all notifications made under this Policy, where they bear on the discussion of Council matters. Where an actual conflict of interest has been identified, Council members will be entitled to access the entry in the Register. Where a potential conflict of interest has been identified, the Vice-Chancellor or Chancellor will advise Council members as to the existence of a potential conflict of interest. In such cases, access to the entry in the Register will be restricted to the Vice-Chancellor and Chancellor.
3.7 In relation to interests, or conflicts of interest involving the Vice-Chancellor, the Vice-Chancellor must notify the Chancellor wherever this policy otherwise requires the Council members to notify the Vice-Chancellor.
3.8 There shall be a standing item on the agenda for each meeting of the Council, requiring Council members to declare conflicts of interest as contemplated by item 3.5 above.
3.9 Each Council member must identify when they have a conflict of interest with regard to any item on the Agenda for a meeting or arising in the course of the meeting.
3.10 All such declarations of conflicts of interest and the means by which Council determines that they be managed must be recorded in the minutes of the relevant meeting. Subsequent to the meeting, a Conflict of Interest Declaration will be prepared for signature by the relevant Councillor and the Vice-Chancellor or, in the case of a declaration by the Vice-Chancellor, the Chancellor.
Attachment
Councillors' Interests Declaration (item 3.4)
I (full name) understand that the purposes of the University's Councillors' Interests Policy are to:
- protect the integrity of the Council's governance operation
- enable others affected by my decisions to have confidence in the integrity of those decisions and
- protect the reputations of all Council members in carrying out their collective responsibilities to the University and its community
I will respect its spirit as well as its wording.
Described below is a material business, financial or other relationship, position, or circumstance in which I am currently involved and believe could potentially contribute to a conflict of interest:
I certify that the information set out above is true and complete to the best of my knowledge.
Signature………………………………………………….…Date………/………/….….
At its meeting dated [date] Council agreed that the potential conflict of interest outlined above be dealt with in the following manner:
Signature……………………………………………………Date………/……../……..
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