1. Purpose
The purpose of this policy is to provide a clear framework for identifying, disclosing, and managing actual, potential, or perceived conflicts of interest. This is to safeguard the integrity, reputation, and effective operation of Carer Escapes, and to ensure decisions are made in the best interests of our organisation and the carers we serve.
2. Scope
This policy applies to all Carer Escapes board members, the Executive Director, staff, volunteers, and contractors.
3. Policy Statement
Carer Escapes recognises that conflicts of interest can arise and do not necessarily present a problem if they are openly and effectively managed. We are committed to:
- Avoiding conflicts of interest where possible
- Identifying and disclosing any conflicts of interest
- Actively managing any conflicts of interest
- Complying with this policy and responding to any breaches
4. Definitions
- Conflict of Interest: Any situation in which a person’s personal, financial, or other interests could influence, or appear to influence, their decisions or actions on behalf of Carer Escapes.
- Actual Conflict: A real and existing conflict.
- Potential Conflict: A situation that could develop into a conflict.
- Perceived Conflict: A situation that could be seen by others as a conflict, whether or not it actually is.
5. Guiding Principles
- Transparency: All conflicts must be disclosed as soon as they arise.
- Accountability: All decisions must prioritise the interests of Carer Escapes and its beneficiaries.
- Fairness: Conflicts are managed impartially and confidentially.
- Separation of Roles: Clear distinction between governance (board) and operations (Executive Director and staff).
6. Roles and Responsibilities
Board Members
- Disclose any actual, potential, or perceived conflicts of interest at the earliest opportunity, including at the start of board or committee meetings.
- Recuse themselves from discussions and decisions where a conflict exists.
- Complete a Declaration of Interests form upon appointment and annually thereafter.
- Ensure the Register of Interests is maintained and reviewed annually.
Executive Director (ED)
- Disclose any conflicts of interest to the Board Chair as soon as they arise.
- Not participate in board decisions relating to their own employment, performance, or remuneration.
- Manage operational conflicts among staff and volunteers, escalating to the board as needed.
Staff and Volunteers
- Disclose conflicts of interest to the Executive Director.
- Avoid actions that could compromise Carer Escapes’ interests.
7. Types of Conflicts
Examples include, but are not limited to:
- Financial interest in a supplier, contractor, or partner organisation.
- Family or close personal relationships influencing recruitment, contracting, or other decisions.
- Dual roles in competing organisations.
- Personal gain from information or decisions made in the course of Carer Escapes activities
8. Disclosure and Management Procedure
- Declaration:
All board members, the ED, staff, and volunteers must declare any conflict of interest as soon as it arises, using the Conflict of Interest Disclosure Form. - Recording:
All disclosures are recorded in the Register of Interests, maintained by the Secretary. - Assessment:
The board (excluding any conflicted members) will assess the conflict and determine an appropriate management plan, which may include:- Requiring the conflicted person to abstain from discussion and voting
- Assigning the matter to an independent person
- Removing the conflicted person from certain duties or roles
- Documentation:
All decisions and actions taken to manage the conflict are documented in the board minutes and Register of Interests4. - Review:
The Register of Interests is reviewed at least annually.
9. Executive Director Role and Succession
- Current Structure:
The Executive Director (ED) currently holds a dual role, managing day-to-day operations and serving as a non-voting participant at board meetings, with a clear separation from governance responsibilities. - Resignation and Role Transition:
If the current ED resigns or vacates the position, Carer Escapes will not continue with a combined ED role. Instead, the organisation will separate operational leadership and governance as follows:- A new Chief Executive Officer (CEO) will be appointed to manage day-to-day operations and report to the board.
- A separate new voting board member will be appointed or elected to provide governance oversight and strategic direction.
- This separation ensures strong governance, reduces conflicts of interest, and aligns with best practice by clearly distinguishing between management and oversight.
- Implementation:
The Board will oversee the recruitment and appointment process for both roles, ensuring transparency and compliance with Carer Escapes’ constitution and policies.
10. Breaches of Policy
Failure to disclose or appropriately manage a conflict of interest may result in disciplinary action, including removal from the board, termination of employment, or termination of volunteer or contractor agreements.
11. Policy Review
This policy will be reviewed every two years or as required by changes in legislation or organisational structure.
12. Related Documents
- Conflict of Interest Disclosure Form
- Register of Interests
- Carer Escapes Constitution
- Code of Conduct
- ACNC Governance Standards
Date adopted: May 5, 2025
Next review date: May 5, 2026
This policy aligns with ACNC guidance and sector best practice. For questions or to disclose a conflict, contact the Board Chair or Secretary.