A conflict of interest for Crown land managers happens when private interests may improperly influence public duty.
A conflict of interest is not ‘wrong’. Public officials (including Crown land managers) are also private individuals, and there will be times when private interests conflict with their duty to the public. Having a private interest in conflict with public duty may not be a problem, as long as you manage the conflict of interest in a transparent and accountable manner.
Conflict of interest categories
Conflicts of interest can be categorised as one or both of the following:
Pecuniary (financial) interests
Include potential, perceived or actual financial gain or loss. However, this does not necessarily mean that money needs to change hands.
Non-pecuniary interests
May arise from personal or family relationships that do not amount to a pecuniary interest.
Types of conflict of interest
There are 3 types of conflict of interest:
Actual
A public official is in a position to be influenced by their private interests when doing their job.
Perceived
A public official is in a position to appear to be influenced by their private interests when doing their job.
Potential
A public official is in a position where they may be influenced by their private interests when doing their job.
Conflict of interest examples
The progressive scenario shows types of conflict of interest. These examples are indicative only and there may be other situations that can lead to potential or perceived or actual conflicts of interest of a pecuniary and/or non-pecuniary nature.
| Scenario | Type of conflict | Explanation |
|---|---|---|
| You are a Crown land manager board member with no affiliations who performs tasks for the Crown land manager | No conflict | Your appointed duties as a Crown land manager have no relevance to your private interests so there will be no conflict in carrying out these duties. |
| You are a Crown land manager board member who performs tasks for the Crown land manager and has an acquaintance who owns a catering company. | Potential conflict | You private interests are currently not relevant to your appointed duties, but they could be in the future if the catering company wishes to, for example, hire the reserve's kitchen facilities. |
| You are a Crown land manager board member who performs tasks for the Crown land manager and also owns a catering company. | Actual conflict | Your private interests are relevant to your Crown land manager role and could improperly influence a decision. That is, your catering company is a related body who stands to benefit or lose by decisions made by the Crown land manager. |
Process flow – steps in dealing with conflicts of interest
| Process steps | If Yes, then | If No, then |
|---|---|---|
Assess the situation and surrounding circumstances Is there a conflict of interest? | Disclose Report, record, review If further management required, go to Step 3. Manage | No action required |
2. Disclose Report, record, review Is further management required? | Manage Choose a resolution strategy: 1. Register - All conflicts of interest should be registered 2. Restrict - Restrictions placed on the person/s involved 3. Recruit - Disinterested third party is used to oversee the process 4. Remove - Where the person/s choose to be removed 5. Relinquish - Where the person/s relinquishes the private interest 6. Resign - Where the person/s resigns from their position on the board | Record |
Choose a resolution strategy: 1. Register - All conflicts of interest should be registered 2. Restrict - Restrictions placed on the person/s involved 3. Recruit - Disinterested third party is used to oversee the process 4. Remove - Where the person/s choose to be removed 5. Relinquish - Where the person/s relinquishes the private interest 6. Resign - Where the person/s resigns from their position on the board then Record | If an additional strategy required, go back to Step 3. Manage | If an additional strategy is not required: Implement, Record then go to Step. 4 Monitor |
Is the change significant? | Go back to Step 1. Identify | Implement then Record |