Benefit includes:

• property
• advantage
• service
• entertainment
• the use of or access to property or facilities
• anything of benefit to a person, whether or not it has any inherent or tangible value, purpose or attribute.

This covers any:

• gifts
• gratuities
• remuneration
• allowances
• fees
• subsidies
• considerations
• incentives
• discounts
• entry fees
• memberships, or
• loans provided under special conditions.

Conflict of interest

A conflict of interest is a conflict between a person’s work responsibilities and their personal or private interests. 

A conflict of interest can arise from either gaining a personal advantage or avoiding a personal loss. 

A conflict of interest can be actual, perceived (or apparent) and/or potential.

An actual conflict of interest involves a direct conflict between a public official’s current duties and responsibilities and their existing private interests. In situations where the private interest actually motivates or influences the partial exercise of public duty, the conflict of interest might be corruption. For example, Ron is on a recruitment selection panel and his sister is applying for a position to be decided by that panel. 

A perceived (or apparent) conflict of interest can exist where it could be perceived that a public official’s private interests could improperly influence the performance of their duties – whether or not this is in fact the case. For example, Frida works for Council as a Community Grants Funding Program Manager. On the weekend, she plays tennis with the director of a community organisation applying for funding through the funding program Frida is managing.

A potential conflict of interest arises when a public official has private interests that could interfere with their official duties in the future. For example, John is a development assessment officer (town planner) at Council. John’s wife is a town planning  consultant working in Logan, who has the potential to lodge a development application for assessment with Council. 

Corruption In general terms corruption involves improper acts or omissions, improper use of influence or position and/ or improper use of information. Corruption has a wider interpretation than conflict of interest, as it does not necessarily involve material gain for the perpetrator, or material loss to Council. Corrupt practices can lead to direct and indirect advantages not only to individuals, but also to causes and/or other interest groups. 

Corrupt conduct

Under Section 15 of the Crime and Corruption Act 2001:

1. corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that:

• adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of
  • a unit of public administration, or
  • a person holding an appointment
• results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that
  • is not honest or is not impartial, or
  • involves a breach of the trust placed in a person holding an appointment either knowingly or recklessly, or
  • involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment
• would, if proved, be:
  • a criminal offence, or
  • a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

2. corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that

• impairs, or could impair, public confidence in public administration
• involves, or could involve, any of the following:
  • collusive tendering
  • fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described):
    • protecting health or safety of persons
    • protecting the environment
    • protecting or managing the use of the state’s natural, cultural, mining or energy resources
  • dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of state assets
  • evading a state tax, levy or duty or otherwise fraudulently causing a loss of state revenue
  • fraudulently obtaining or retaining an appointment
• would, if proved, be
  • a criminal offence, or
  • a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

Fraud

Section 408C of Queensland’s Criminal Code (Schedule 1 to the Criminal Code Act 1899) defines fraud as:

• a person who dishonestly:
  • applies to his or her own use or to the use of any person:
    • property belonging to another, or
    • property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person, or
  • obtains property from any person, or 
  • induces any person to deliver property to any person, or
  • or gains a benefit or advantage, pecuniary or otherwise, for any person, or
  • causes a detriment, pecuniary or otherwise, to any person, or
  • induces any person to do any act which the person is lawfully entitled to abstain from doing, or
  • induces any person to abstain from doing any act which that person is lawfully entitled to do, or
  • makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment; commits the crime of fraud.

Indictable offence

An indictable offence is defined in the Queensland Law Handbook as: 

• An indictable offence must be prosecuted on an indictment (a written charge by a person authorised to prosecute criminal offences) before a judge and jury in the District or Supreme Court.

In certain circumstances, a charge on indictment may be prosecuted before a judge alone, without a jury (614 Criminal Code).

In certain situations, an indictable offence may be dealt with summarily in the Magistrates Court (552A–552J Criminal Code)’. 

Maladministration

Maladministration is defined in Schedule 4 of the Public Interest Disclosure Act 2010 as follows: 

Maladministration is administrative action that:

1. was taken contrary to law, or
2. was unreasonable, unjust, oppressive, or improperly discriminatory, or
3. was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances, or
4. was taken:
   • for an improper purpose, or
   • on irrelevant grounds, or
5. having regard to irrelevant considerations, or
6. was an action for which reasons should have been given, but were not given, or
7. was based wholly or partly on a mistake of law or fact, or
8. was wrong.

Lobbyist

is defined in section 41(1) of the Integrity Act 2009 as follows:

A lobbyist is an entity that carries out a lobbying activity for a third-party client or whose employees or contractors carry out a lobbying activity for a third-party client.

A lobbying activity is defined in section 42(1) of the Integrity Act 2009, and includes:

• contact with a government representative in an effort to influence state or local government decisionmaking, including:
  • the making or amendment of legislation
  • development or amendment of a government policy or program
  • the awarding of a government contract or grant
  • the allocation of funding
  • the making of a decision about planning or giving of a development approval under the Planning Act 2016.

(Lobbying activity includes similar conduct in respect of contact with an Opposition representative – s.42(b)).

Refer to the Integrity Act 2009 for further information regarding lobbyists and lobbying activities.

Protected attributes within the Anti-Discrimination Act 1991 

Section 7 of the Anti-Discrimination Act prohibits discrimination on the basis of the following attributes (unless an exemption applies):

1. sex
2. relationship status
3. pregnancy
4. parental status
5. breastfeeding
6. age
7. race
8. impairment
9. religious belief or religious activity
10. political belief or activity
11. trade union activity
12. lawful sexual activity
13. gender identity
14. sexuality
15. family responsibilities
16. association with, or relation to, a person identified on the basis of any of the above attributes.

Routine personal work information 

Routine personal work information is solely and wholly related to the routine day-to-day work duties and responsibilities of a public sector employee. Examples of such information includes:

• a work email address
• a work phone number
• a title
• a work responsibility
• a work classification, e.g. that someone is a Stream A level 6 Project Officer in a certain branch
• information about qualifications held where they are required for the officer’s position.

For more information, refer to the Corporate Governance Branch, or the Office of the Information Commissioner.

Types of interests

Interests can be financial or non-financial (personal family or business).

A financial interest is when the employee could gain a personal financial benefit including having shares, receiving gifts, benefits or bribes or receiving hospitality or travel. For example, Kim’s partner owns a company which is tendering for work with Council.

Some examples of non-financial interests include:

• working in the strategic procurement area and one of your regular fishing friends asks you to keep an eye on his tender application
• working in the funding application area and you are also president of a local group applying for funding from Council
• working in the development application’s area and your children’s school will be affected by a new development and the development proposal has been submitted to Council for approval.