Conflicts of interest, whether actual, potential or perceived, must be appropriately disclosed and managed. A conflictof interest can arise when your interests or activities affect, or have the appearance of affecting, your judgement, objectivity or independence. This could include (but isnot limited to):
- pursuing, awarding or maintaining BHP business opportunities for personal gain or the benefit of close relatives or friends
- holding outside jobs or affiliations, including directorships
- holding investments in businesses that are suppliers to BHP or which BHP has or may invest in
- receiving money, property, services or gifts, hospitality or entertainment from suppliers or other third parties doing, or proposing to do, business with BHP
- being in a close personal relationship with someone in your reporting line, including a close relative, or a romantic or intimate relationship.
What this means for you
Avoid business and personal dealings that create a conflict of interest or a potential or a perceived conflict of interest, even if you don’t think there is one. Conflicts can also arise during the course of a normal business relationship due to a change in circumstances.
Report all actual, potential or perceived conflicts of interest in the Conflict of Interest register.
Reject offers of travel and accommodation from external parties. If there is a valid business purpose to attend an event or function, BHP will pay for travel and/or accommodation costs.
If you’re a leader of someone who has an actual, potential or perceived conflict of interest:
- ensure the details are documented in the Conflict of Interest register
- agree, document and implement an appropriate course of action that removes or manages the conflict
- monitor and regularly validate adherence to the agreed course of action
- adjust the documented course of action as required.
• Excuse yourself from any decision-making process where you have an interest that could influence your ability to make an objective decision.
• Report all actual, potential or perceived conflicts of interest
in the Conflict of Interest register.
• Hire, promote or directly supervise a close relative, or use businesses of close relatives unless this has been specifically authorised via the Conflict of Interest register.
• Appoint or award business to any party that you are personally or financially associated with.
• Misuse BHP resources (including information) or your position of influence at BHP to promote or assist an external activity or party.
• Interfere in the fair and transparent operation of bid or tender activities.
• Accept gifts, hospitality, entertainment or other favours or benefits from anyone you are evaluating in a bid or tender with BHP.
Q: My partner’s consultancy specialises in an area that BHP needs advice. Can I recommend their business?A: You can make the team aware of your partner’s connection to the business, however, you should be completely transparent about your interest so Procurement’s processes can be independently applied. Discuss the recommendation with your line leader, ensure the details are registered in the Conflict of Interest register and that a suitable plan to manage this potential conflict of interest is put in place.
Q: My regular contact from an important supplier has invited me to a music concert where their company has booked a hospitality room. They tell me they won’t be there but offer me a second ticket to bring a friend or partner. Should I go to the concert?A: You should check the tickets are of a modest and reasonable value. You may need to estimate the value based on equivalent ticket prices and consider if the invitation will include a reasonable degree of business relationship-building. If your contact is not attending and it is not clear who will be your host, you should decline the invitation. Your line leader should also be able to advise on the appropriateness of attending. Register the offer in the Gifts and Entertainment register and if intending to accept the offer, check the Our Requirements for Business Conduct standard for any pre-approval requirements.
View more hypothetical scenarios
How to speak up
If you have questions about Our Code, speak to your line leader, 2Up leader, Ethics and Investigations, Compliance, Legal, Employee Relations advisor, HR Business Partner or contact EthicsPoint. Anyone who works with us, on our behalf, or is associated with us, can also access EthicsPoint.
Online: EthicsPoint online
Phone: EthicsPoint Telephone