Conflict of Interest Policy

1. PURPOSE

DCIRS Community Care (“DCIRS”) actively manages real and possible conflicts of interest that have a potential to negatively impact or influence services. This is part of our commitment to always provide safe and high-quality supports. The company will exercise good governance to identify, prevent or resolve conflicts of interest and to be aware of and manage perceived conflicts of interests. This Policy will commence from 3 July 2024. It replaces all other conflict of interest policies of DCIRS (whether written or not).

2. APPLICATION

This Policy applies to:

• Responsible Persons, including Board members, Directors, and Senior Management.

• Staff, contractors, and DCIRS agents.

This Policy does not form part of any employee’s contract of employment.

3. DEFINITIONS

Potential Conflict of Interest – occurs when there is a risk that the matter could be considered a conflict of interest.

Real Conflict of Interest – occurs when there is an actual conflict of interest.

Disclosed conflict of interest – an open declaration of a conflict of interest.

Personal interest – refers to a person’s own interests and those of their family and friends and/or any organisations they support or are involved with.

Benefit – Any product, service, or advantage given to a person due to their work. This can include money, gift cards, gifts or discounts or favourable treatment.

4. POLICY

A conflict of interest occurs when the personal interests of a person under this Policy are in conflict with the organisation’s interest including the interests of those it supports. A conflict of interest may be naturally occurring rather than as an indication of improper activity.

Conflict of interest situations present a risk that a person will make a decision that is affect by influences resulting from personal interests, rather than in the best interests of the organisation.

To ensure transparency of organisational activities and personal actions, and to reduce risk, conflicts of interest whether real or perceived must be identified, declared, recorded and managed.

It should be noted that conflicts of interest will arise in life and in the workplace. DCIRS is interested in how conflicts of interest are reported and managed to ensure the integrity of its services. Workers are required to support DCIRS to meet the objectives of this Policy.

This Policy supports DCIRS to apply Standard 6 Service Management (WA Quality System) and Practice Standard 2 Provider Governance and Operational Management (National Quality system).

Principles

• DCIRS acts in the best interests of participants and clients and protects them from harm or disadvantage due to real or potential conflicts of interest.

• Participants and clients have the right to services and supports that are effectively managed, regularly reviewed, accountable and contemporary.

• Participants and clients have the right to know about any real or potential conflict of interest that does, or may, affect their services.

• This Policy is provided or explained to each participant and client using their preferred method of communication.

• Participants and clients are provided with advice about support options (including those not delivered directly by DCIRS) to support a person’s ability to make choices and control their services.

• DCIRS will not promote its own services in a preferential manner.

• No participant or client is given preferential treatment above another in the receipt or provision of supports.

• People working for or with DCIRS must not seek or receive any personal benefit as a result of their work, including money, gifts or rewards (excluding fair worker remuneration and benefits).

• All real and possible conflicts of interest are declared, documented, managed and monitored.

• DCIRS will comply with any operational guidelines or instructions about conflict of interest from the funding agency.

  
  

Possible areas for conflict of interest

The following list is not exhaustive. It provides examples of potential areas where a conflict of

interest could arise, whether real or perceived:

• Relationships and connections with previous employers and organisations.

• Personal relationships with providers of services.

• Financial interests.

• Provision of services through DCIRS’s associated entities.

• Decisions regarding appointments, promotions or other decisions relating to employees.

• Acceptance of gifts or benefits, e.g. money, jewellery, clothing, flights, holidays, etc.

• Use of confidential and official information.

• Membership of, or employment in, another organisation that comes into serious competition with another organisation.

• Use of the organisation’s facilities and equipment for personal benefit or that of a third party.

It is not a conflict of interest where a membership or affiliation with another organisation has no real or perceived benefit, for employment representation or membership, or when there is approved collaboration with other organisations. Where DCIRS provides benefits as incentives and rewards to its workforce, they must be legitimately linked to performance and not to factors or influences that could be perceived as a conflict of interest.

If unsure about a potential conflict of interest, please discuss with your manager or the Operations

Manager.

Responsibilities

The Policy will be made available to participants and clients during the intake process, along with the opportunity to ask questions. All Responsible Persons, management, employees, contractors, and agents of DCIRS must:

• avoid conflicts of interest where possible;

• identify actual and perceived conflicts of interests within their sphere of influence and responsibility;

• carefully manage any conflicts of interest; and

• adhere to this Policy.

Responsible Persons and senior management are responsible to monitor for conflicts of interest as part of the company’s risk management practices.

Reporting

Once identified, a conflict of interest must be declared and documented. The procedure is as follows:

• Complete the Conflict of Interest Declaration Form and submit it to the Operations

• Manager in person, by emailing to compliance@dcirs.com.au, posting to DCIRS’s office, or dropping into reception.

• The declared conflict of interest will be reviewed by the person’s manager and if necessary, a senior manager, to determine the level of risk.

• It may be necessary for the person who made the declaration to be removed from decision-making relating to the conflict of interest.

• Where a conflict of interest is perceived, management will monitor and manage perceptions, including for the reputation of DCIRS and its workers.

Completed declarations will be kept in a repository, managed by the Compliance Officer. The repository will be reviewed as part of the company’s Risk Management Policy to ensure disclosed conflicts of interest are monitored, managed, and where possible, eliminated.

Where a Responsible Person or senior manager could benefit personally or financially from an associated business venture or business relationship, the individual/s involved must disclose this connection to participants, clients, and other relevant stakeholders involved in their care. Every care must be made to ensure participant choice and control is upheld and protected.

Breach of Conflict of Interest Policy

Failure to disclose a potential, perceived, or actual conflict of interest is a breach of this Policy. Breaches include that of misconduct, wrongdoing, or the abuse of power.

In the case of employees of DCIRS who are found to have breached this Policy, they may be subjected to disciplinary action. The type and severity of the disciplinary action will depend upon the circumstances of the case and the seriousness of the breach. Disciplinary action may include termination of employment.

Contractors or agents of DCIRS who are found to have breached this Policy may have their contracts with DCIRS terminated or not renewed.

Key Contact

Questions about how to implement this Policy should be directed to Emily Mills, Managing

Director, by emailing emily.mills@dcirs.com.au.

5. ASSOCIATED DOCUMENTS

• Risk Management Policy

• Conflict of Interest Declaration Form

• Performance and Misconduct Policy

• Feedback and Complaints Form

• Continuous Improvement Policy

• Code of Conduct Policy

• Safeguarding Policy

• Whistleblower Policy

DCIRS upholds the laws of Australia and the states and territories in which it operates, including all laws relating to the protection and rights of the parties covered by this Policy.

6. VERSION AND REVIEW INFORMATION

DCIRS reserves the right to amend and vary this Policy from time to time.

Version 1.0: 3 July 2024 Review date: 3 July 2027