Conflict of interest declarations
At a meeting of the Royal Commissioners on 19 June 2019, the important issue of potential conflicts of interests was carefully and fully traversed.
The Commissioners recognised that they had diverse professional backgrounds and varied lifetime experiences.
The Commissioners declared their real, perceived and potential conflicts of interest to each other and there was a careful analysis of these declarations and a considered review of the potential impact each person's declaration may have on the conduct of meetings or hearings of the Commission and the conduct of research and the formulation of recommendations and the times when it may be necessary for an individual Commissioner to excuse themselves from participation in a particular issue or a component of an issue.
Generally, where individual Commissioners have previously been engaged in a statutory or public sector position which intersected with the work or potential work of the Commission, then that intersection was clearly identified and noted and will be acted upon when, and if, such an issue arises at any time during the life of the Royal Commission.
In particular, it was noted that:
- Chair, the Hon Ronald Sackville AO QC - to the best of the Chair's knowledge and belief there is nothing in his professional life or associations that would create a conflict or potential conflict of interest in the discharge of his responsibilities under the Letters Patent. If any matter creating such a conflict or potential conflict arises during the life of the Commission, the Chair will disclose it.
- Commissioner Barbara Bennett PSM – to avoid any perceived or potential conflict of interest that may arise due to the senior role that she held in the Department of Social Services, she will not be involved in hearings in which officials from the Department of Social Services provide evidence to the Royal Commission.
- Commissioner Rhonda Galbally AC – was a member of the Board of the National Disability Insurance Agency and Principal Member of the Independent Advisory Council and to avoid any perceptions of a conflict of interest, she will not participate in the formulation of any recommendations which focus on the current policy and operations of the NDIS.
- Commissioner Andrea Mason OAM – was Chief Executive Officer of the Ngaanyatjarra Pitjantjatjara Yankunytjatjara (NPY) Women's Council and there may be a limited perceived conflict of interest if the implementation of the NDIS for individual NPY clients arises as an issue in any form of hearing. She is also a committee member of Wiyi Yani U Thangani Women’s Voices, and will not participate in any discussions or inquiries or the formulation of any recommendations which focus on that group. This is in order to avoid any perceptions of a conflict of interest.
- Commissioner Alastair McEwin AM – was the Disability Discrimination Commissioner and to avoid any perceptions of a conflict of interest, he will not participate in the formulation of any recommendations which focus on the current powers and operations of the Australian Human Rights Commission, including the role and function of the Disability Discrimination Commissioner, or the current coverage and operation of the Disability Discrimination Act 1992 (Cth). Commissioner McEwin will not participate in any inquiries directly concerning the Commonwealth Department of Health. This is in order to avoid any perceptions of a conflict of interest given he is married to a senior member of staff of that department.
- Commissioner John Ryan AM – was employed in the NSW public sector in variously named departments, including the NSW Department of Family and Community Services (FACS), and due to his close working relationships with senior operational staff in those departments, he will not participate in any dealings in the Royal Commission that involve NSW Government departments as a disability service or accommodation provider or any organisation with which he had a working relationship as disability accommodation providers or in relation to land transfers to disability service providers. In the event inquiries extend to non-disability organisations, Commissioner Ryan will not participate in those relating to the Anglican Church, given his current involvement with this organisation, or Boys’ Brigade NSW, noting his former role as president which he held until May 2020. This is in order to avoid any perceived or potential conflicts of interest.
- Commissioner Roslyn Atkinson AO – On 13 September 2019, Roslyn Atkinson was appointed as a Commissioner. By Amending Letters Patent her appointment ceased on 24 June 2021. At the time of her appointment, she declared her real, perceived and potential conflicts of interest. To the best of her knowledge and belief there was nothing in Commissioner Atkinson’s professional life or associations that created a conflict or potential conflict of interest in the discharge of her responsibilities under the Letters Patent.