AADPA Conflict of Interest Policy

1. Introduction
The Australasian ADHD Professionals Association (AADPA), Board, Committees and governance structures aims to ensure that the Board and Committee Members are aware of their obligations to disclose any related party transactions or conflicts of interest they may have, and to comply with this policy to ensure they effectively manage any disclosed conflicts of interest.

2. Purpose
The purpose of this policy is to assist the Board and Committee Members to effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of AADPA and manage risk where a person may make a decision based on their bias or personal position rather than within the best interests of AADPA.

3. Scope
This policy applies to all Board and Committee Members, General Manager, employees, and contractors.

4. Definitions
A conflict of interest occurs when a person’s personal interest conflicts with their responsibility to act in the best interests of AADPA. Personal interests include any direct interest, as well as those of family, friends, or other organisations the person may be involved with or have an interest in.

Related party transactions can be potential or actual conflicts of interest. Conflicts of interest may arise when a related party, for example a close family or a Board Member, has an interest that can conflict with the best interests of AADPA.

5. Policy Statement
This policy has been developed to address any potential or actual conflicts of interest. Conflicts of interest are common, and they do not need to present a problem to AADPA as long as they are openly and effectively managed.

It is the policy of AADPA 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 and position of AADPA. AADPA will manage conflicts of interest by requiring the Board and Committee Members to:

  • avoid conflicts of interest where possible;
  • identify and disclose any conflicts of interest.

The President or General Manager will review and manage any identified conflicts of interest as needed, including addressing any breaches that arise.

6. Roles and Responsibilities
The Board is responsible for:

  • establishing a system for identifying, disclosing and managing conflicts of interest across AADPA; and
  • monitoring compliance with this policy.

The General Manager is responsible for implementing this policy and ensuring compliance by its staff and contractors.

7. Review and Reporting
The Chair of the Nomination, Remuneration and Governance Committee is responsible for reviewing this policy on an annual basis to ensure that the policy is operating effectively.

Conflict of Interest Procedures

1.1 Identification and disclosure of conflicts of interest
When an actual, potential or perceived conflict of interest is identified, it must be entered into AADPA’s Register of Conflicts of Interests, as well as being raised with the Board at its next meeting.

The Register of Conflicts of Interests must be maintained by the General Manager or in their absence the Chair, Nomination, Remuneration and Governance Committee. 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).

1.2 Confidentiality of disclosures
The Board Members should be provided access to the Conflicts of Interest Register, however, must be reminded that all information contained within the Register is to remain confidential.

2. Action required to manage conflicts of interest
2.1 The conflicts of interest of Board Members

Once a 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:

  • 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 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.

2.2 Factors for determining course of action
When deciding what action to take, the Board 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;
  • the AADPA objects and resources; and
  • the possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the AADPA.

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 Conflicts of Interest Register.

2.3 Compliance with the Conflict of Interest Policy
If the Board has a reason to believe that a person subject to this policy has failed to comply, the Board 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 AADPA following the guidelines outlined with the Constitution.