ASC Conflict of Interest Policy
The confidence of the ASC stakeholders and the public is vital to the integrity,
reputation and proper and effective operation of the ASC. This confidence can be
threatened if the community perceives that the ASC or the private interests or
activities or personal actions of employees is, or is perceived to be in conflict with the
proper interests and operation of the ASC.
No employee should allow their private interests (financial or personal) to
interfere with the proper, impartial performance of their duties to the ASC
Every employee has a responsibility to identify, disclose and avoid any real or
apparent conflicts of interest arising from their private interests.
Where the ASC determines that there is a real or apparent conflict of interest,
then appropriate action must be taken to avoid or manage that conflict.
Any private interest, activity or personal action that has the potential to create an
appearance for others of a conflict of interest is an apparent or perceived conflict and
will be treated as a real conflict.
A conflict of interest can occur even if no financial benefit is involved (for example, in
relation to unpaid or voluntary activities).
ASC Code of Conduct
The Values and Standards in the ASC Code of Conduct include, among other things,
o disclose and take appropriate steps to avoid any conflict of interest (real
or apparent) with your employment or engagement by the ASC, including
obtaining approval for any outside engagement
o behave professionally, honestly and with integrity at all times
o behave in a way that upholds the good reputation of the ASC at all times
o ensure information and documentation that you are provided with, work
with or generate in the course of your duties, are kept confidential and at
all times remain the property of the ASC
o not give or disclose, directly or indirectly, any information to others about
the ASC’s business, unless required during the course of your duty or
unless you have been expressly authorised to do so
o not make improper use of your status, power or authority
When can a 'conflict of interest' arise?
Where a direct or indirect private interest or activity conflicts with, or might be thought
to conflict with a person's duties and responsibilities to the ASC or to improperly
influence their conduct in discharging these duties and responsibilities, then there is
a real or apparent conflict of interest. This can arise from:
receiving a pecuniary or financial interest
personal or business relationships or activities
being a member, official or representative of an outside organisation
making public comment
accepting gifts or other benefits
behaviours, actions or activities that:
- conflict with the effective and impartial performance of duties
- diminish the credibility, integrity or reputation of the ASC or the government
- provide an unfair advantage or inequitable treatment to a supplier, potential
supplier, client or stakeholder of the ASC
- involve the use of position, information or property of the ASC
- provide an unfair advantage to a family member or family company
What constitutes a conflict of interest for the ASC will be determined by the ASC.
Managing conflicts of interest
Employee's duty to disclose
Any engagement, activity or private interest that presents as a real or apparent
conflict of interest must be disclosed by the employee to their manager.
The primary onus is on the employee to identify, disclose and avoid or remove
any conflict of interest.
Should a person's private interest circumstances change after the initial
disclosure has been made and continuation of the activity or interest is
supported, or additional facts become material, then such changes or additional
information should also be disclosed and considered as to their conflict of
It is management’s responsibility to decide whether there is or could be a real or
apparent conflict of interest and if so:
ask the person to divest the interest;
change the person's duties or to transfer the person to another position where
there is no conflict;
allow the person to continue their duties.
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‘Outside engagements' is any form of remunerated activity that falls outside the
employee’s official ASC employment and which should be undertaken wholly and
solely in the employee’s private time, using private resources. It can, among other
things, include services provided to external organisations.
Employees should be able to pursue such engagements provided these do not
conflict with, or adversely affect, their duties to the ASC. Such engagements will only
be supported by the ASC provided that at all times they:
do not cause a conflict of interest
do not prevent the employee properly performing the duties and responsibilities
of their ASC position
are undertaken wholly and solely in the employees’ private time using private
do not involve the disclosure of information confidential to the ASC
do not involve the ASC and AIS names or logos being used for any purpose (eg
promotional or administrative purposes)
An ASC employee may only undertake a paid or remunerated outside engagement
without risk to their ASC employment where they have obtained written approval of
the relevant General Manager / AIS Director or the Chief Executive Officer as
required by the ASC.
Approval will be considered having regard to the nature of the real or potential
perceived conflict of interests and the possible impacts on the ASC.
Continuation of such approval remains at the discretion of the ASC, and further
approvals may be required for each event, occasion or periodically renewed
depending on the nature and duration of the outside engagement.
If subsequently, after discussion with the employee and the employee’s manager, the
Chief Executive Officer believes that the outside engagement does not fall within
these policy parameters and/or the credibility of the ASC is adversely affected, the
employee may be instructed to cease the outside engagement as a condition of their
continued employment with the ASC.
Unpaid or volunteer activities
Unpaid or voluntary activities can present the same potential for conflict of interest as
paid outside engagements. They should therefore be treated with the same level of
importance as paid outside employment in the context of conflict of interest
considerations, and employees should disclose voluntary work or associations that
could or could be seen to impact upon their work responsibilities.
Employees not to privately provide services to ASC programs
Employees of the ASC must not privately provide services to an ASC program,
whether through a private company or on any consultancy or independent contractor
basis, unless the engagement is part of an arrangement with the ASC, agreed to by
the relevant General Manager / AIS Director.
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Membership of national sporting organisations
To remove the potential for perceived or actual conflict of interest with National
Sporting Organisations (NSOs) receiving funding from the ASC, employees should
not be members of NSO Boards.
In all selection process, managers should ensure that:
applicants and interviewers are required to declare any real or apparent conflict of
interest at the time of or prior to interview; and
before engagement is offered, preferred applicants will be required to remove the
source of any existing or potential conflict of interest.
As private citizens employees can make public comment in a private capacity but
they have an obligation to ensure such comments are not perceived as:
comments on behalf of the ASC or government, rather than a personal view;
compromising their ability to fulfil their duties to the ASC in an unbiased manner;
raising questions about their capacity to work professionally, efficiently or
a gratuitous personal attack;
compromising public confidence in the ASC;
being so strong in its criticism of the ASC's administration that it could seriously
disrupt the workplace.
The term 'public comment' is used broadly to include any comment on ASC matters
or sports, political or social issues made:
at public speaking engagements
during radio or television interviews
on the Internet
letters to the press
books or notices
in other ways where the comment is intended for the community at large or
where it is reasonably foreseeable that the comment will flow to the community.
Employees must not make public comment if it involves unauthorised disclosure of
official information. For example coaches as part of their coaching duties, should only
make comment on their athlete’s performance, and not on ASC policy related matters
Employees must obtain approval from the ASC Media Manager and/or the Deputy
General Manager Corporate Communications prior to releasing official documents or
making public comment on behalf of the ASC.
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Acceptance of gifts or items of personal benefit
What is a 'gift'?
Anything offered to an employee as a result of their official duties which provides a
personal advantage is considered a gift or an item of personal benefit.
Employees must not accept any gift or item for personal benefit additional to their
remuneration and employment benefits where the gift or item is received in the
course of or in relation to their official duty to the ASC. Examples include but are not
awards won as part of official business
free, sponsored or subsidised travel for work or non-work related use (except as
gifts received in recognition of work done for other organisations or in the course
of representing the ASC at sporting or other events
accommodation, hire-car discounts, entertainment and substantial hospitality
Frequent Flyer points accumulated on ASC related business cannot be used for
Gifts accepted on behalf of the ASC
Gifts can be accepted on behalf of the ASC but these must be declared and
delivered to the relevant Director/AIS Head of Discipline or General Manager/AIS
Director as soon as possible after receipt.
Gifts and benefits that may be retained by an employee
Gifts and benefits that may be retained by an individual may include but not be
a gift of “nominal value” in a situation where gifts are generally being distributed
(e.g. exchange of small items between organisations at Christmas) or where the
giver is from a different cultural background and refusal may cause offence
- "Nominal value" means $100 or less
- If the value of the gift exceeds this amount it must be declared to the relevant
Program Manager, and advice sought from the Executive Director as to the
appropriateness of retaining the gift
minor hospitality in the normal course of business such as a working lunch
attendance as an invited guest at functions, which should be undertaken in an
‘ambassador’ role for the ASC
free or subsidised travel where there is no real or potential conflict of interest,
impropriety or likelihood of the provider of travel receiving an advantage and:
- it is as part of a pre-agreed business relationship between the ASC and a
specific carrier; or
- an employee is invited to attend an interstate or international conference or
seminar and the organisers have agreed to fund the cost of travel.
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Register of engagements and private interests
To manage the perceived professionalism of the ASC, a confidential register of the
following types of disclosed engagements will be maintained by Human Resources:
paid outside engagements
memberships of any sub-committees or advisory panels reporting to the board of
executive of a national sporting organisation
membership of umbrella sporting bodies or other bodies related to national-level
sport (eg sports science or sports medicine advisory groups)
employees with regular media appearances or involvement not directly related to
their ASC employment (paid or unpaid)
- END -
Version Approved by Date Revision Date TRIM reference
Version 1.1 ASC Executive 29 April 2011 30 June 2011 2009/050556/D
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