1. Purpose

The purpose of this policy is to assist the managing Committee of the West Australian Rowing Club (WARC) to effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of the club and manage risk.

2. Objective

Members of the Committee are aware of their obligations 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 the club.

3. Scope

This policy applies to members of the managing Committee of WARC.

4. Definition of conflicts of interest

A conflict of interest occurs when one’s personal interests conflict with their responsibility to act in the best interests of the club. 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 member’s duty to the club and another duty that the member has (for example, to another committee). A conflict of interest may be actual, potential or perceived and may be financial or non-financial. 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 club must be managed accordingly.

5. Policy

This policy has been developed because conflicts of interest can arise, but do not need to present a problem to the club if they are openly and effectively managed. It is the policy of WARC as well as a responsibility of the committee, 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 the club. But if they do then this is communicated transparently and clearly so an equitable solution can be found and which protects the club. WARC will manage conflicts of interest by requiring committee members to: • avoid conflicts of interest where possible • identify and disclose any conflicts of interest as soon as possible • carefully manage any conflicts of interest; and • follow this policy and respond to any breaches.

5.1 Responsibility of the Committee

The committee is responsible for:

• establishing a system for identifying, disclosing and managing conflicts of interest

• monitoring compliance with this policy; and

• reviewing this policy regularly to ensure it is operating effectively

Committee members must be made aware of this Policy and disclose any actual or perceived material conflicts of interests as required by this policy.

5.2 Identification and disclosure of conflicts of interest

Once an actual, potential or perceived conflict of interest is identified, it must be entered into the club’s Conflict of Interest Register, as well as being raised with the committee. The register must be maintained by the President (or in his / her absence, the Secretary) and 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).

6. Action required for management of conflicts of interest

6.1 Conflicts of interest of committee members

Once a conflict of interest has been appropriately disclosed, the committee (excluding the member disclosing and any other conflicted member) must decide whether or not the conflicted member should:

• vote on the matter (this is a minimum)

• participate in any debate; or

• 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 member from regularly participating in discussions, it may be worth the committee considering whether it is appropriate for the person conflicted to resign from the committee.

6.2 What should be considered when deciding what action to take

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

• whether the conflict needs to be avoided or simply documented

• whether the conflict will realistically impair the disclosing person’s capacity to impartially participate in decision-making

• alternative options to avoid the conflict and;

• the possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the club.

The approval of any action requires the agreement of at least a majority of the committee (excluding any conflicted 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.

7. Compliance with this policy

If the committee 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 committee may take action against them. This may include seeking to terminate their position as a member. If a person suspects that a member has failed to disclose a conflict of interest, they must notify the President who will contact the member to discuss the alleged breach of policy.

8. Employment by the Club and this policy

It is acceptable for committee members to also be employed by the club with the following procedures to be followed:

• The Committee is aware and has agreed the need for employment (e.g. running Learn to Row courses; other coaching requirements) where there are no other suitable candidates;

• The need for employment is linked to Club revenue and if the employment did not take place (and no other suitable candidate) then the club risks losing income and / or members;

• The Committee may require the member to absent themselves from any discussions about the relevant topic (e.g. changes to Learn to Row);

• The employment is on a casual basis and other Committee member has sight and authorisation of timesheets before payment; and

• If the employment becomes a salaried position (either Fixed Term of Full Time / Permanent) then the committee member should stand down from their committee position and the Committee should decide whether to replace that position during the time of this salaried employment.

The reason for this is that a salaried position may not necessarily be linked to a) specific revenue and projects and so b) is more dependent on the broader decisions made by the Club for its funding. It would therefore not be appropriate to have the committee member in such a permanent role to remain as a committee member.

Policy date: 22 October 2024