Ethics, Professionalism, Governance: Conflict of Interest Case Study

This case study analyzes a conflict of interest faced by Harshal, an IT professional, concerning his work on a skills analysis project. The assignment delves into the ethical implications of Harshal's situation, where he is offered a job in a department for which he is assessing the skills of the staff. The solution examines the application of the ACS Code of Ethics and Code of Professional Conduct, highlighting values such as honesty, competence, and professionalism. It also references Australian legislation, including Section 5 of the Australian Public Service and the Public Governance, Performance and Accountability Act 2013, emphasizing the importance of avoiding conflicts of interest and disclosing them when they arise. The analysis utilizes Chris MacDonald's ethical framework to guide Harshal in making an ethical decision, considering stakeholders, values, and potential consequences. The solution recommends that Harshal prioritize ethical conduct, adhere to ACS guidelines, and disclose the conflict as per legal requirements, ultimately making a decision that aligns with professional integrity and public interest.

Case Study 8 – Conflict of Interest
(Student Details: )

Page 6
Introduction
Ethics are the basic morals and values which a person uploads and their conduct is regulated or
enhanced by these ethics. So, ethics basically dictate the manner in which a person acts. When
it comes to the professionals, particularly for the IT professionals of Australia, the Australian
Computer Society ensures that such ethics are properly adhered, and that the professionals
conduct their work in an ethical manner. For these purposes, the Code of Ethics presents
certain values, and the Code of Professional Conduct provides certain clauses, which are to be
followed by the IT professionals of the nation.
The following parts cover a discussion on the case study regarding conflict of interest faced by
Harshal. This case revolves around the conflict which Harshal faced in doing his job properly as
per the project brief when John had already given him his and Freda’s assessment, and where
John offered Harshal a position which Harshal wanted.
ACS Code of Ethics: 3 Values
The conflict of interest which Harshal is facing in the case study requires him to work in an
ethical manner, where the values set through the ACS Code of Ethics are properly followed.
Three of the key values which Harshal needs to follow in this case, in order to make an ethical
decision, include honesty, competence and professionalism.
Honesty
As per the ACS Code of Ethics, the members of ACS are required to be honest in the
representation of skills, products, knowledge and services (ACS, 2018). Owing to the
application of this value, Harshal is required to be honest in the work he does. So, where Alice
has given Harshal the work of carrying out the full SFIA analysis of skills of all of the ten staff in
the Business Analysis Unit’s IT section, he has to do so in an honest manner. In doing so, he
has to be honest towards the company and towards the job he has been given. So, he has to
avoid the offer which John made to Harshal regarding doing a job in Business Analysis Unit as
John knew of Harshal’s interest in joining the unit. If this is done, he would not be honest
towards the company or towards the job given to him, resulting in breach of the values set out
through the ACS Code of Ethics.
Competence
As per the ACS Code of Ethics, the members of ACS are required to work in a diligent and
competent manner for the stakeholders (ACS, 2018). In this case study, the company, the IT
department, its members and the work of Harshal are the stakeholders. As a result of this,
Harshal has to conduct his work in a diligent and competent manner towards the stakeholders.
If he lets the conflict of interest rule his work, the purpose of this value would not be met, owing
to Harshal not doing his work competently and diligently. In order to avoid breach of ACS Code
of Ethics, Harshal needs to focus on being competent and diligent towards the analysis work
given to him by Alice.
Professionalism
As per the ACS Code of Ethics, the members of ACS are required to enhance the ACS’s
integrity and have to respect the members of ACS (ACS, 2018). Harshal needs to be

Page 6
professional at his workplace and needs to undertake such decisions which prove to be best for
the organization. If Harshal lets his work being clouded by conflict of interest or the offer of
John, the integrity of ACS would be put at stake.
ACS Code of Professional Conduct: 5 Clauses
There are certain codes for professional conduct of members of ACS, drawn by ACS, which
needs to be followed properly. Five of these, as are applicable in the present case include:
The Primacy of the Public Interest
As per this code, there is a need to give supremacy to the interest of general public before and
above the private, sectional and personal interest, and in cases of conflict, the matter is to be
resolved favouring the public interest (ACS, 2016). In the present case study, Harshal is
required to give supremacy to public interest before his personal interest. Here, public interest is
that of the organization and personal interest is of Harshal. So, he has to do the work for the
organization, instead of being motivated by suggestions of John. Where this is not done, he
would breach the ACS Code of Professional Conduct.
The Enhancement of Quality of Life
Another clause covered under this code is for the ICT professional to work in a manner where a
significant impact is caused on the society and on the way of life. The ethical approach requires
the professionals to minimize the adverse effects and maximize the positive effects (ACS,
2016). In the present case study, if Harshal focuses on personal interest, he would only
enhance his quality of life, which ultimately puts a negative impact on the society. Thus, as per
this clause, Harshal needs to keep aside the offer made by John and do his job wholeheartedly,
to benefit the society.
Honesty
As has been explained under the ACS Code of Ethics values segment, Harshal needs to be
honest in his work, to avoid breach of the ACS Code of Professional Conduct.
Competence
As has been explained under the ACS Code of Ethics values segment, Harshal needs to be
competent and diligent in his work, to avoid breach of the ACS Code of Professional Conduct.
Professionalism
As has been explained under the ACS Code of Ethics values segment, Harshal needs to be
professional in his work, to avoid breach of the ACS Code of Professional Conduct.
Australian Legislation
Section 5 of the Australian Public Service provides that the public has the right of having
confidence in the public officials having integrity in their work, and that the personal interest of
the officials would not conflict with their public duties. This section requires the employees to
take the reasonable steps in order to avoid the conflict of interest, be it apparent or real, with

Page 6
regards to their employment. Where a conflict of interest is faced by the employee, they are
required to disclose the same to their employer (APSC, 2016).
In the present case, Harshal faces a conflict of interest. Section 5 of Australian Public Service
requires him to avoid such conflict of interest from hampering his work, and for Harshal to give
preference to public interest before his personal interest. The applicability of this section also
requires Harshal to disclose the offer made by John to Alice, so that he discloses all the material
interests and saves himself from breach of the Australian Public Service and also of section 29
of the Public Governance, Performance and Accountability Act, 2013 (APSC, 2016). This
requirement was also upheld in the case of Berger v United Crib Block Construction Pty Ltd
[2017] FWC 450 (Fair Work Legal Advice, 2017).
Ethical Framework- Chris MacDonald’s framework
In order to make an ethical decision in this case, Harshal should rely upon the framework given
by Chris MacDonald (2010) as it will help Harshal in making an ethical decision.
A. Recognizing the Moral Dimension
The moral dimension here relates to conflict of interest faced by Harshal in choosing between
his personal interest and interest of the company.
B. Who Are the Interested Parties? What are their relationships?
Alice, John, Harshal, the remaining members of BAU and the organization are the interested
parties as the decision of Harshal would impact all of them.
C. What Values or Principles are involved?
Honesty, competence, professionalism, enhancement of quality of life, and primacy of public
interest are some of the values and principles involved here.
D. Sketch out options -not just actions, but courses of action
Harshal can accept John’s offer or he can do his job properly where he keeps aside the offer
made by John.
E. Weigh the Benefits and the Burdens
Where Harshal accepts the offer of John, he would accept the analysis undertaken by John and
Freda and would not take a proper analysis of their case. This would benefit Harshal as he
would get a position in the Business Analysis Unit, which he also wanted. By doing so, he will
hurt the general public, particularly the IT sector. This is because the “pilot study” which Harshal
is to undertake, would be biased and would not give the desired result. As a result of this, the
purpose of this “pilot study” would fail, ultimately harming the company and then the public.
F. Look for Analogous Cases
Berger v United Crib Block Construction Pty Ltd [2017] FWC 450 is example of giving
preference to public interest over personal interest.

Page 6
G. Discuss with Relevant Others
This decision does fulfil the choices of Harshal.
H. Does this Decision Accord with Legal and Organizational Rules?
Where Harshal decides to let his personal interest rule, he would not only breach the values and
clauses of the two codes highlighted above, but would also be in a breach of the legislations
cited in the previous segment. As a result of this, Harshal would have to bear penalties and may
even lose his job.
I. Am I Comfortable with this Decision?
If Harshal goes forward with accepting this decision, he would be in breach of the values and
ethics of IT profession, and I personally am not comfortable with such decision.
Recommendations
Based on the thorough analysis of the conflict of interest faced by Harshal, certain
recommendations have been drawn for him.
There is a need for Harshal to make the ethical decision based on the applicability of
ACS Code of Ethics and ACS Code of Professional Conduct.
Harshal needs to keep aside his personal interest and disclose the same based on
Australian Public Service, Public Governance, Performance and Accountability Act, and
Berger v United Crib Block Construction Pty Ltd.
He needs to pay close attention to the applicability of MacDonald’s framework.

Page 6
References
ACS Code of Ethics
ACS Code of Professional Conduct
ACS. (2014) ACS Code of Professional Conduct. [online] Available from:
https://www.acs.org.au/content/dam/acs/acs-documents/Code-of-Ethics.pdf [Accessed
08/05/18]
ACS. (2018) ACS Code of Ethics. [online] Available from:
https://www.acs.org.au/content/dam/acs/acs-documents/Code-of-Ethics.pdf [Accessed
08/05/18]
APSC. (2016) Section 5: Conflict of Interest. [online] Available from:
http://www.apsc.gov.au/publications-and-media/current-publications/aps-values-and-code-of-
conduct-in-practice/conflict-of-interest [Accessed 08/05/18]
Australian Public Service
Berger v United Crib Block Construction Pty Ltd [2017] FWC 450
Fair Work Legal Advice. (2017) Conflicts of interest in employment law. [online] Available from:
http://fairworklegaladvice.com.au/conflicts-of-interest-in-employment-law/ [Accessed 08/05/18]
Public Governance, Performance and Accountability Act, 2013
MacDonald, C. (2010) A Guide to Moral Decision Making. [online] Available from:
http://www.ethicsweb.ca/guide/ [Accessed 08/05/18]