Film and Television Industry Advisory Committee

Film and Television Industry Advisory Committee

Code of Conduct:

Additional information relating to conflicts of interest

July 2014 (Updated September 2015)

The Code of Conduct for members of advisory committees/boards, contractors and consultants to the Department of Justice has been developed to assist members in understanding their unique obligation to the public interest, standards of professional conduct and Department of Justice expectations and requirements.

The Code provides guidance for managing any real, potential or perceived conflicts of interest. The community has a right to expect that committee/board members perform their duties in a fair and unbiased way and that decisions are not affected by self-interest, private affiliations, or the likelihood of personal gain or loss.

The additional guidelines below have been developed as a mechanism for managing and minimising potential or perceived conflicts of interest specific to Film and Television Industry Advisory Committee Members. These guidelines must be complied with in addition to the Department of Justice Code of Ethics and Conduct.

Film and Television Industry Advisory Committee (Advisory Committee):

Most Advisory Committee members are industry practitioners with business and professional relationships in the NSW screen industry. On occasions, they will know or have past, current or anticipated dealings with applicants for grants or investment funds.

The more distant the relationship, the less likelihood of an actual or perceived conflict of interest, the closer and/or more current the relationship, the greater the likelihood.

If an Advisory Committee member is uncertain whether an actual or perceived conflict of interest exists, they must reveal the matter and discuss it with the Advisory Committee.

Current members of the Advisory Committee can apply for development and/or production funding from Screen NSW with the following provisos:

• Production funding: If an Advisory Committee member applies for funding from Screen NSW or is attached to a project that is the subject of an application for funding from Screen NSW, the Advisory Committee member will not receive Advisory Committee papers and is to be excluded from discussion and voting for all production funding applications for that area of production (e.g. feature films, children’s television, prime time drama, factual programs) at the Advisory Committee meeting at which the application is to be considered. This should be recorded in the minutes. The Advisory Committee member will receive Advisory Committee meeting papers and be included in discussions for production funding applications for all other areas of production. A second Production Executive or staff member must be present if the Production Executive needs to speak to the Advisory Committee member about their project and must sign off on a record of the conversation, including verifying that no undue influence has occurred

• Development funding: If an Advisory Committee member applies for funding from Screen NSW or is attached to a project that is the subject of an application for funding from Screen NSW, a second Development Executive or staff member must be present if the Development Executive needs to speak to the Advisory Committee member about their project and must sign off on a record of the conversation, including verifying that no undue influence has occurred

Advisory Committee members are to bring to the Chairperson and Chief Executive’s attention any financial interest in a project that is the subject of an application for funding to be considered by the Advisory Committee. If an Advisory Committee member has a significant financial interest in a matter before the Committee, other than as an applicant or as a person attached to a project (e.g. distributor, broadcaster, sales agent), the Advisory Committee member will not receive Advisory Committee papers and is to be excluded from discussion and voting for all production funding applications for that area of production (e.g. feature films, children’s television, prime time drama, factual programs) at the Advisory Committee meeting at which the application is to be considered. This should be recorded in the minutes. The Advisory Committee member will receive Advisory Committee papers and be included in discussions for production funding applications for all other areas of production.

If an Advisory Committee member has a significant financial interest arising from a relationship with a company or individual who is associated with an application for funding to be considered by the Advisory Committee and where the Advisory Committee member is not directly associated with the project or the subject of the application, then the Advisory Committee member will not receive the Advisory Committee paper for that application and is to be excluded from discussion and voting in relation to that application. This should be recorded in the minutes. The Advisory Committee member will receive Advisory Committee papers and be included in discussions for all other production funding applications before the Advisory Committee at that meeting.

Other forms of possible conflicts of interest by Advisory Committee members (e.g. non-financial interests and subject matter) must be declared in writing according to the process outlined in the Department of Justice Code of ethics and Conduct and be submitted to the Advisory Committee Chairperson and Chief Executive. A decision will then be reached about whether the Advisory Committee member will receive Advisory Committee papers and/or take part in Advisory Committee discussion on the matter.