Ministerial conflict of interest review

Refresh the Ministerial Code of Conduct to:

• strengthen and clarify conflict of interest controls
• give more prominence to principles and purpose, and
• reflect appropriate governance measures.

Ensure types of conflicts of interest (actual, potential and perceived) and conflict risk categories are adequately addressed within the revised Ministerial Code of Conduct to foster a culture of responsibility and impartiality.

Make the Ministerial Code of Conduct a stand-alone document and publish it on the web to make it easy to find and read.

Create a digital system for Ministers to use to record their interests that will:

• improve data capture and streamline processes, reducing administrative effort
• adopt a modern solution, allowing for faster updating and future modifications, and
• better support Ministers to meet their disclosure obligations.

Establish a Register of Ministerial Interests, administered by the Cabinet Secretary, to provide a central and secure record of Ministers’ personal interests, aligned with disclosures for Members of the Legislative Assembly for consistency.

Ministers to update their interest declarations in the Register of Ministerial Interests quarterly and when a new interest or a substantial change in an interest occurs to improve timeliness and transparency and ensure compliance with controls.

Report the Register of Ministerial Interests to the Chief Minister quarterly to:

• facilitate regular consideration and review of contemporary personal interests information, both individually for Ministers and collectively across the Cabinet, and
• support sound governance of any conflicts of interest consistent with Cabinet conventions, including confidentiality requirements, and the Ministerial Code of Conduct.

Enhance the focus on standardised conflict of interest controls across Cabinet and Cabinet sub-committee meeting processes and records to ensure conflicts are consistently identified and managed.

Ministers to routinely disclose conflicts of interest related to their portfolio responsibilities to the Chief Executive of the relevant portfolio agency to increase transparency and coordinate conflict management actions.

Require Ministers to attend mandatory training on conflict of interest identification and management and make refresher training readily available (including for staff) to ensure current and sufficient knowledge of conflict of interest controls.

Supplement training with additional guidance materials to support Ministers to effectively identify and manage conflicts of interest as they arise.

Provide Ministers with access to advice and governance expertise, as required via the Cabinet Secretary, for considering complex, sensitive or unusual circumstances where a personal interest may present a conflict to:

• assist Ministers to meet their conflict of interest obligations, and
• provide assurance to the Chief Minister, Cabinet and the community that specific circumstances have been independently assessed and the matter has been appropriately considered.