Willow House Community Support LTD CONFLICT OF INTEREST POLICY

1. Purpose

The purpose of this policy is to help board members of Willow House Community Support LTD to
effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in
order to protect the integrity of Willow House Community Support LTD and manage risk.

2. Objective

The Willow House Community Support LTD ____________________ (called the ‘board’ in this
policy) aims to ensure that board members are aware of their obligation to disclose any conflicts
of interest that they may have, and to comply with this policy to ensure they effectively manage
those conflicts of interest as representatives of Willow House Community Support LTD.

3. Scope

This policy applies to the board members of Willow House Community Support LTD.

4. Definition of conflicts of interests

A conflict of interest occurs when a person’s personal interests conflict with their responsibility to
act in the best interests of the charity

Personal interests include direct interests, as well as those of family, friends, or other
organisations a person may be involved with or have an interest in (for example, as a
shareholder).

It also includes a conflict between a board member’s duty to Willow House Community Support
LTD and another duty that the board member has (for example, to another charity). A conflict of
interest may be actual, potential or perceived and may be financial or non-financial.

(a) Actual conflicts occur where the individual is being influences by a conflicting interest. For
example, your charity is considering whether to give a grant to a kindergarten that your
child attends and you cannot make the decision impartially

(b) Potential conflicts occur where the individual could be influenced by a conflicting interest.
For example, you have taken up employment with another charity and you may, at some
point, apply for a grant as an employee of one charity and a board member of another. You
could be influenced by a conflicting interest.

(c) Perceived conflicts occur where the individual could appear to be influenced by a
conflicting interest. For example, you are reviewing quotes for a service and one of the
potential providers is the employer of your sibling. While you believe you can make an impartial decision in the best interests of the charity, it could be perceived as being made in
your own interest.

These situations present the risk that a person will make a decision based on, or affected by,
these influences, rather than in the best interests of the charity.

Therefore these situations must be managed accordingly

5. Policy

5.1 Policy objectives

This policy has been developed to address conflicts of interest affecting Willow House
Community Support LTD.

Conflict of interest are common, and they do not need to present a problem to the charity
as long as they are openly and effectively managed.

It is the policy of Willow House Community Support LTD, as well as a responsibility of the
board, that ethical, legal, financial or other conflicts of interest be avoided and that any
such conflicts (where they do arise) do not conflict with the obligations to Willow House
Community Support LTD.
Willow House Community Support LTD will manage conflicts of interest by requiring board
members to:

(i) avoid conflicts of interest where possible
(ii) identify and disclose any conflicts of interest
(iii) carefully manage any conflicts of interest, and
(iv) follow this policy and respond to any breaches

5.2 Responsibilities of the board

The board is responsible for:

(i) establishing a system for identifying, disclosing and managing conflicts of interest
across the charity
(ii) monitoring compliance with this policy, and
(iii) reviewing this policy on an annual basis to ensure that the policy is operating
effectively
(iv) The charity must ensure that its board members are aware of the ACNC
governance standards, particularly governance standard 5, and that they disclose
any actual or perceived material conflicts of interests as required by governance
standard 5.

5.3 Identification and disclosure of conflicts of interest

(i) Once an actual, potential or perceived conflict of interest is identified, it must be
entered into Willow House Community Support LTD’s register of interests, as well
as being raised with the board.
(ii) Where every other board member shares a conflict, the board should refer to ACNC
Governance Standard 5 to ensure that proper disclosure occurs.
(iii) The register of interests must be maintained by the CEO/Managing Director. The
register must record information related to a conflict of interest (including the nature
and extent of the conflict of interest and any steps taken to address it).

5.4 Confidentiality of disclosures

(i) The CEO/Managing Director will have access to the information disclosed
(ii) Where additional restrictions on disclosure are required, it may be necessary to
provide for an alternative disclosure mechanism.

6. Action required to manage conflicts of interest

6.1 Conflicts of interest of board members

Once the conflict of interest has been appropriately disclosed, the board (excluding the
board member who has made the disclosure, as well as any other conflicted board
member) must decide whether or not those conflicted board members should:

(i)vote on the matter (this is a minimum)
(ii) participate in any debate, or
(iii) be present in the room during the debate and the voting.

In exceptional circumstances, such as where a conflict is very significant or likely to prevent
a board member from regularly participating in discussions, it may be worth the board
considering if it is appropriate for the person conflicted to resign from the board.

6.2 What should be considered when deciding what action to take

In deciding what approach to take, the board will consider:

(i) whether the conflict needs to be avoided or simply documented
(ii) whether the conflict will realistically impair the disclosing person’s capacity to
impartially participate in decision-making
(iii) alternative options to avoid the conflict
(iv) the charity’s objects and resources, and
(v) the possibility of creating an appearance of improper conduct that might impair
confidence in, or the reputation of, the charity

The approval of any action requires the agreement of at least a majority of the board
(excluding any conflicted board member/s) who are present and voting at the meeting.
The action and result of the voting will be recorded in the minutes of the meeting and in the
register of interests.

6.3 Compliance with this policy

If the board has a reason to believe that a person subject to the policy has failed to comply
with it, it will investigate the circumstances.
If it is found that this person has failed to disclose a conflict of interest, the board may take
action against them. This may include seeking to terminate their relationship with the
charity.
Other potential sanctions include: Suspension of employment. Potential civil and/or criminal
proceedings against that person.
If a person suspects that a board member has failed to disclose a conflict of interest, they
must discuss with the person in question, notify the board or notify the person responsible
for maintaining the register of interests.

7. Contact us

For questions about this policy, contact the board or CEO/Managing Director Contact details

CONFLICT OF INTEREST POLICY