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This page specifies the obligations and responsibilities of contracted providers of human services in relation to conflicts of interest. All legislative, contractual and policy requirements are mandatory unless otherwise stated.
As a government sector finance agency under the Government Sector Finance Act 2018 (NSW), DCJ has strict responsibilities in relation to the use of public funds.
DCJ is also bound by the Public Works and Procurement Act 1912 (NSW), and the NSW Government Procurement Policy Framework and its associated Supplier Code of Conduct. The framework’s objectives include ensuring best value for money when government agencies procure goods and services.
As DCJ funds a contract with you to deliver services on our behalf, your organisation and its personnel must:
This means your organisation and its personnel must not:
You must also comply with the Supplier Code of Conduct, as specified in the NSW Government Procurement Policy Framework.
For more information, refer to DCJ’s Pricing, procurement, contracting and funding policy.
In addition, your organisation may have other legal obligations and responsibilities in relation to conflicts of interest, including but not limited to:
Information about your organisation and its personnel that we collect, store and manage complies with the requirements of the Privacy and Personal Information Protection Act 1998 (NSW), as explained in the DCJ Privacy Management Plan.
Under the Government Sector Employment Act 2013 (NSW), DCJ employees are required to place the public interest above their own personal interests and, at all times, to demonstrate the core values of the public sector and the department: service, trust, accountability, integrity and respect. DCJ employees are required to disclose any conflicts of interest they may have with contracted service providers, which are handled according to DCJ’s conflicts of interest policy and procedure.
Under the Public Interest Disclosure Act 2022, DCJ is required to deal with allegations of serious wrongdoing or misconduct reported to us, and which may involve your organisation or its personnel, including in relation to unmanaged conflicts of interest. For further information, refer to the DCJ web page about how to notify and make allegations of serious wrongdoing and misconduct, and how we deal with them.
It’s a condition of your contract with DCJ that you comply with the requirements of this policy, unless your contract expressly varies or limits any part, or exempts you from compliance with any part.
In the contract with us, you’ve agreed to:
In addition, if DCJ identifies or becomes aware of a conflict of interest and notifies you of it, you’ve agreed to:
Conflict of interest provisions are stated in clause 7 of the Agreement for Funding of Services – Standard Terms, and clause 13 of the Funding Deed.
If you fail to disclose, manage, eliminate or otherwise deal with a conflict of interest to our satisfaction, we may issue a notice of breach to your organisation.
When applying to DCJ for consent to subcontract, you’re required to declare any conflicts of interest where there’s an established or possible relationship between the proposed subcontractor and your organisation, any of its personnel or any related party.
If your organisation has DCJ’s consent to subcontract, the subcontractor(s) must comply with this policy. You must ensure the subcontractor is aware of their obligations.
Read and apply these requirements in conjunction with provisions for conflicts of interest you’ve agreed in the contract with us.
The policy requirements don’t replace or change any legal or contract obligations or responsibilities you may have. If there’s a difference between the policy requirements and relevant legislation and/or your contract with DCJ, the law and contract come first.
You can ask your DCJ contract manager for help with any of these requirements, to ensure you’re able to comply with this policy. Your DCJ contract manager will direct your request to the team in DCJ best able to assist you.
Your organisation must comply with the following requirements.
Have an appropriate internal policy and procedure for conflicts of interest, which include as a minimum:
Ensure other governance, management and operations documents refer to your conflicts of interest policy and procedure, where applicable. These other documents may include, but are not limited to, your:
Provide appropriate awareness training for personnel on conflicts of interest during onboarding and on an ongoing basis. Ensure they’re aware of the need to be mindful of their responsibilities to identify, disclose and manage conflicts of interest while going about their duties, including when making decisions.
Ensure your personnel comply with the requirements of this DCJ policy.
Make diligent enquiries and take reasonable steps to identify conflicts of interest in relation to the governance, financial management, service delivery or performance of the contract with us.
Notify us immediately, making full disclosure of all relevant information, when your organisation or any of its personnel identify or become aware of a conflict of interest. Use the DCJ conflict of interest notification form to notify of us. You’re not required to notify us of conflicts of interest if they’re unrelated to your contract with DCJ.
In the notification, fully describe the proposed management strategy in enough detail for us to be able to determine whether what you’ve proposed adequately addresses the conflict of interest, is feasible and you’d be able to provide evidence of it being managed.
Note that DCJ will only accept a conflict of interest if we’re satisfied you’ll be able to eliminate, resolve or appropriately manage it.
Take the actions necessary to manage conflicts of interest as described in the management strategy accepted by us.
Notify us immediately if there’s a change of circumstances to a conflict of interest you’ve previously notified us of, making full disclosure of all relevant information. Use the DCJ conflict of interest notification form to notify of us of the change of circumstances.
Keep your conflicts of interest register updated with changes to conflicts of interest.
Attend meetings with your DCJ contract manager or other DCJ representatives to review conflicts of interest and how they’re being managed. We monitor accepted conflicts of interest at scheduled contract management meetings. However, depending on the nature of the conflict of interest, more regular meetings may be required. Adjust your conflicts of interest register according to actions and decisions agreed at these meetings.
Comply with requests from DCJ for evidence that demonstrates a conflict of interest is being managed as agreed with us.
During the contract management process, we may identify or become aware of conflicts of interest in relation to the governance, financial management, service delivery or performance of the contract with us. If we identify a conflict of interest, we’ll notify you in writing to obtain more information and to confirm whether there is a conflict of interest. If we determine there is a conflict of interest, you’ll be required to use the DCJ conflict of interest notification form to fully disclose the details to us.
If we notify you of a conflict of interest, take the action necessary to eliminate, manage or otherwise deal with it.
When you notify us of a conflict of interest, DCJ will determine whether it:
If DCJ determines to accept the conflict of interest with conditions, you must ensure those conditions are put in place and recorded as part of the management strategy for the conflict of interest.
If DCJ determines it won’t accept a conflict of interest, you must address the matter in consultation with and as directed by DCJ, as agreed in the contract with us.
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