Conflict of Interest Policy

Draft Conflict of Interest Policy

Introduction

Wikimedia Australia is an independent, non-profit organisation recognised by the Wikimedia Foundation as an official chapter. Committee members are elected to serve the chapter's purpose and are required to conduct the affairs of the chapter with integrity and transparency. A key tenet of the chapter's policy is that committee members will not seek to advance their personal interests over the interests of the chapter.

The committee recognises that conflicts of interest are likely to occur, because committee members are active within the free culture and Wikimedia movements; however, the committee is committed to high standards of ethical conduct and therefore places great importance on addressing actual or potential conflict of interest.

Purpose

The purpose and aims of this policy are to:

1. protect the interests of the chapter;
2. assist the committee to identify, evaluate, and address any real, potential, or perceived conflicts of interest;
3. build a supportive organisational framework within the committee;
4. promote individual and committee responsibility, transparency and integrity.

Policy and procedure

Wikimedia Australia’s policy and procedure for managing and addressing conflicts of interest within the committee are as follows:

1. This policy applies to committee members.
2. Committee members are required to declare any potential, actual, real or perceived conflicts of interest.
3. The secretary will maintain a register of interests declared by committee members. Each committee member is responsible for notifying the secretary of any necessary changes to the register.
4. Where any member has a conflict of interest related to an item to be considered by the committee, that member will not be present while the item is being discussed and will not be entitled to vote on the item.
5. The committee member will not initiate or take part in any committee discussion on that topic, either in the meeting or via a mailing list, direct email or other internet discussion, unless expressly invited to do so by agreement of the committee.
6. The committee member will not attempt to initiate or participate in private communication regarding the item with other committee members before or after the meeting.
7. Where the committee considers that a conflict of interest exists, documents and papers relating to that item may be withheld from the member if considered appropriate by the committee.
8. A secondary committee mailing list will be maintained by the secretary for mailing list discussions which this policy requires a member be excluded from participating in.
9. If a committee member declares themselves to have existing or potential conflict of interest, confidentiality will be respected and the interest will be redacted from the public minutes.
10. If a committee member alleges that another member has an undeclared existing or potential conflict of interest, the committee member should report their concerns to the committee.

Exclusions

This policy does not prohibit the affected committee member from answering questions about the item from the committee. The committee may also invite the committee member to participate in discussion, if it is considered appropriate.

Definitions

• Conflict of interest: A conflict of interest exists when a committee member has personal interests which compete or conflict with the interests of the chapter.
• An actual conflict of interest exists when there is a real conflict between a committee member's personal interests and the chapter's interests.
• A potential conflict of interest exists when a committee member has personal interests that may conflict with the chapter's interests but which have not yet caused an actual conflict.
• A perceived conflict of interest exists when a reasonable third party may believe that a committee member's personal interests could conflict with the chapter's interests or which may influence the committee member's actions as a committee member.
• Personal interests include a committee member's personal, professional, and commercial interests, and the personal, professional, and commercial interests of others with whom they have a close relationship, such as family members, spouses, partners, close friends and enemies.

Additional statutory requirements

Wikimedia Australia is incorporated in the state of Victoria, so in addition to the policy, committee members are expected to comply with relevant legislation, including the Associations Incorporation Act 1981. This law requires that:

• s.29A – Committee members must not use their position or information acquired as a committee member for personal benefit.
• s.29B – Committee members disclose the fact and nature of any direct or indirect pecuniary interest they have in contracts and proposed contracts.
• s.29C – Members with direct or indirect pecuniary interests in contracts or proposed contracts are prevented from voting on them.

Administration of this policy

This policy will be administered and maintained by the committee, which is responsible for reviewing and addressing conflicts of interest and amending this policy where necessary. The secretary is responsible for maintaining a register of conflicts of interest declared by committee members and for maintaining a secondary mailing list.