INTRODUCTION
1.1 The purpose of this document is to provide a code of conduct for Post Holders of the AFI Executive Board, Management and Office Personnel (hereafter referred to as Post Holders).
1.2 Its purpose is to provide an opportunity for Post Holders to reflect upon the standards that are expected of them. It should be read and implemented in the context of the published AFI Code of Conduct.
The Code of Conduct
Selflessness:
2.1 Post Holders have a general duty to act in the best interests of the sport of Australian Football. This should not be done in order to gain financial or other material benefits for themselves, their family, their friends or the organisation/s they come from or represent.
Integrity:
2.2 Post Holders should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their role, other than the organisations they represent by virtue of their participation in AFI. As well as avoiding actual impropriety, the appearance of improper behaviour should be avoided. In addition, accepting gifts and hospitality that might reasonably be thought to influence judgment should also be avoided. Any gifts offered, irrespective of acceptance, should be reported to the AFI Compliance Officer.
Objectivity:
2.3 In carrying out the role, including making appointments (staff, Board or committee Post Holders), awarding contracts, recommending individuals for rewards and benefits or transacting other business, Post Holders should ensure that decisions are made solely on merit.
Accountability:
2.4 Post Holders have a duty to comply with the law on all occasions in accordance with the trust placed in them and in such a way as to preserve public confidence in AFI. They are accountable for their decisions and actions to the stakeholders. It is important to submit to scrutiny appropriate to the role. Post Holders are required to be aware of AFI’s published policies.
Openness:
2.5 Post Holders should ensure that confidential material, including material about individuals, is handled in accordance with due care. They should be as open as possible about their decisions and action taken. Reasons should be given for decisions and information should be restricted only when wider interest clearly demands.
Honesty:
2.6 There is a duty to declare any interests relating to the Post Holder and to take steps to resolve any conflicts that may arise. Where the private interests of a Board member conflict with the duties of the role, they must follow the relevant procedures within the Conflict of Interest policy. Relevant declarations of interest must be made in the different circumstances and roles played both within and outside AFI.
Leadership:
2.7 Post Holders should respect the role of the President and promote and support the principles of leadership by example. There will be circumstances under which Post Holders will be working directly with staff and third parties. Guidelines for such working relationships must be clear to all parties.
Procedure for Conflicts of Interest
3.1 AFI has a Conflict of Interest Policy, which covers potential conflicts in the business of the sport. A copy is attached at Schedule 1 for information.
Member Declaration
4.1 Executive Board Members must declare that they are:
4.1.1 Over 18;
4.1.2 Not an undischarged bankrupt;
4.1.3 Have not previously been removed from Directorship of an organisation;
4.1.4 Not under a disqualification order (or similar national equivalent) or subject to criminal proceedings.
4.1.5 Not, therefore, disqualified from acting as an Executive Board Member of AFI.
4.1.6 Able and willing to fulfil their responsibilities and duties as an Executive Board Member of the AFI in good faith and in accordance with the law;
4.1.7 Willing to complete a conflicts of interest form and that specific notification will be given of any interest impacting on the agenda of a meeting where Executive Board Members are required to make a decision which affects personal interests, and that no part will, in such instances, be taken in discussions and decisions on such matters.
4.2 Wider Post Holders should ensure that they are compliant with points 4.1.1; 4.1.4; 4.1.6 and 4.1.7.
Post Holders may be subject to a safeguarding check, especially if they are likely to come into contact with young people under the age of 18 or vulnerable adults.
Management Board Member Declaration
5.1 There are a series of key documents which it is essential that all representatives of AFI have reviewed and adhere to. These include (but are not limited to):
5.1.1 Policies on Welfare, including Child Protection and Vulnerable Adults, and Equality.
5.1.2 Communications Protocols,
5.1.3 The Statutes and the Code of Good Governance.
5.1.4 AFI Code of Conduct.
A list of documents can be found on your role description document. The AFI Executive Board may from time to time, circulate new documents for review.
Schedule 1
Conflict of Interest Policy
Introduction
6.1 Board Post Holders and Management personnel must declare any personal or business interests, which may conflict with their responsibilities to AFI. Such conflicts must be identified at an early stage so that appropriate action can be taken to resolve them.
Register of Interests
6.2 AFI maintains a Register of Interests appropriate to its activities, which includes the interests of close family Post Holders. New Post Holders and staff are required to complete a Register of Interests Declaration on appointment, and must inform the Compliance Officer as changes occur. The declaration is sent to all Post Holders to update on an annual basis.
Definitions
6.3 Interests are defined as:
6.3.1 Pecuniary interests: These arise from connections with bodies, which have a direct pecuniary interest, or from being a business partner of, or being employed by, a person with such an interest;
6.3.2 Non-pecuniary interests: These include those arising from Post Holder of clubs and other organisations.
6.3.3 Close family members include personal partners, parents, children (adult and minor), brothers, sisters and the personal partners of any of these.
Guidance
6.4 Best practice requires that:
6.4.1 There should not be participation in the discussion or determination of matters in which Post Holders or staff have:
6.4.2 A direct pecuniary interest; and
6.4.3 When an interest is not of a direct pecuniary kind, consideration should be given to whether participation in the discussion or determination of a matter would suggest a real danger of bias. This should be interpreted in the sense that there might be unfair regard with favour, or disfavour, for the case of a party to the matter under consideration. In considering whether a real danger of bias exists in relation to a particular decision, the individual affected should assess whether they, a close family member, a person living in the same household, or a forum, business or other organisation with which there is a connection are likely to be affected more than the generality of those affected by the decision in question. This would cover, for example, a decision to invite tenders for a contract where a firm with which there was a connection was significantly better placed than others to win it.
6.5 For the avoidance of doubt, the above paragraph does not preclude the Executive Board from deciding to issue an indemnity where individuals have acted honestly, reasonably, in good faith and without negligence.
Procedures at Meetings
6.6 Potential conflicts must be declared as soon as practicable after a meeting begins whether the individual has an interest, pecuniary or other, in a matter being considered. Agendas for meetings must include an item to provide a clear opportunity for them to do so.
6.7 There should also be a disclosure of any interest of which an individual is aware on the part of close family members and persons living in their household. In addition, Post Holders must consider whether they need to disclose relevant interests of other persons or organisations, which members of the public might reasonably think, could influence their judgement.
6.8 The declaration of interest must be made to the Chair and the Secretary of the meeting, who will record the declaration in the minutes.
6.9 The Chair, will decide which of the following options should be followed:
6.9.1 The individual should leave the meeting while the item is being discussed;
6.9.2 The individual should be allowed to remain in the meeting while the item is being discussed, but should not be allowed to take part in the discussion or vote;
6.9.3 The individual should be allowed to speak on the item, but should not vote;
6.9.4 The individual should be allowed to speak and vote on the item.
6.10 Any person involved in a meeting may challenge another where they perceive that a conflict has not been declared. These challenges should be made to the Chair of the meeting, whose decision on the matter will be final. The Secretary of the meeting shall record the challenge and its outcome in the minutes.
6.11 In cases where an individual is authorised by law to represent a group likely to be affected by AFI’s decisions, the relevant statutory framework may permit them to be involved, notwithstanding any direct pecuniary interest that they may have in the decision. However, Post Holders should not overlook the possibility that specific statutory provisions may impose restrictions that are stricter than those described above. The Executive Board may obtain legal advice where appropriate.
