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Legal and governance

Code of conduct

Part 1

Professional Member Code of Conduct

All Professional Members are expected to:

  1. Treat professional members, committee members, board members, staff and stakeholders with respect and professionalism
  2. Support the organisation’s mission and values, and encourage support for the efforts of the members
  3. Not speak on behalf of the organisation unless authorised
  4. Hold current registration, meet their professional obligations, and keep any Practitioner Directory listing accurate and consistent with the advertising rules for registered health practitioners

Part 2

Committee Member Code of Conduct

All committee members are expected to:

  1. Act in the best interests of the organisation as a whole, not personal or sectional interests
  2. Exercise care, diligence and sound judgement in all decisions
  3. Act with honesty, integrity and good faith at all times
  4. Support committee and board decisions once made
  5. Maintain confidentiality of committee discussions and information, and handle any personal information in line with the Privacy Policy
  6. Not disclose sensitive information outside the committee without authorisation
  7. Declare all actual, potential or perceived conflicts of interest, and update their Conflict of Interest Declaration when circumstances change
  8. Remove themselves from discussions and decisions where a conflict exists
  9. Not use the position for personal or professional gain
  10. Treat all committee members, board members, staff and stakeholders with respect and professionalism
  11. Contribute constructively, avoiding disruptive or high-friction behaviour
  12. Engage in open, honest and respectful debate
  13. Attend and actively participate in committee meetings
  14. Prepare adequately: review papers and understand the issues
  15. Take responsibility for assigned roles, tasks and actions
  16. Focus on long-term strategy and sustainability
  17. Support the organisation’s mission, values and strategic direction
  18. Represent the organisation appropriately and consistently in external settings
  19. Not speak on behalf of the organisation unless authorised
  20. Comply with all relevant laws, regulations and organisation policies, and with their own professional obligations where they hold registration
  21. Uphold governance standards and ethical obligations
  22. Work within the committee’s purpose and responsibilities as set out in the Board Charter, and report to the board as asked
  23. Adhere to the WHO International Code of Marketing of Breast-milk Substitutes and subsequent relevant World Health Assembly resolutions in all committee work, including any sponsorship or funding proposals
  24. Promote our mission, generate goodwill for the organisation, and encourage support for the efforts of the members

Part 3

Directors' Code of Conduct

All directors are expected to:

  1. Act in the best interests of the organisation as a whole and for its charitable purposes, not personal or sectional interests
  2. Exercise reasonable care, diligence and sound judgement in all decisions
  3. Act with honesty, integrity and good faith at all times
  4. Support collective board decisions once made
  5. Maintain strict confidentiality of all board discussions and information, and handle personal information in line with the Privacy Policy
  6. Not disclose sensitive information outside the board without authorisation
  7. Declare all actual, potential or perceived conflicts of interest, and update their Conflict of Interest Declaration when circumstances change
  8. Remove themselves from discussions and decisions where a conflict exists
  9. Not use the position, or information gained through it, for personal or professional gain
  10. Treat all board members, committee members, staff and stakeholders with respect and professionalism
  11. Contribute constructively, avoiding disruptive or high-friction behaviour
  12. Engage in open, honest and respectful debate
  13. Attend and actively participate in board meetings
  14. Prepare adequately: review papers and understand the issues
  15. Take responsibility for assigned roles, committees and actions
  16. Focus on long-term strategy and sustainability
  17. Support the organisation’s mission, values and strategic direction
  18. Represent the organisation appropriately and consistently in external settings
  19. Not speak on behalf of the organisation unless authorised
  20. Comply with all relevant laws, regulations and organisation policies, and with their own professional obligations as registered practitioners
  21. Uphold governance standards, ethical obligations and directors’ duties, including the duties of a responsible person under ACNC Governance Standard 5: act with reasonable care and diligence, act honestly and fairly in the best interests of the organisation and for its charitable purposes, not misuse their position or information, disclose conflicts of interest, make sure its financial affairs are managed responsibly, and not allow it to operate while insolvent
  22. Adhere to the WHO International Code of Marketing of Breast-milk Substitutes and subsequent relevant World Health Assembly resolutions, and not accept sponsorship, gifts or other benefits from manufacturers or distributors of products covered by the Code in connection with their role
  23. Promote our mission, generate goodwill for the organisation, and encourage support for the efforts of the members

Part 4

Conflict of Interest Declaration

This declaration forms part of the Board Director nomination form and the committee application form of Breastfeeding Medicine Network - Australia/New Zealand Ltd (BMNANZ). Please read it before you answer the conflict of interest questions on the form.

BMNANZ makes its best efforts to ensure balance, independence, objectivity and scientific rigour in all of its activities, and to uphold the International Code of Marketing of Breast-milk Substitutes and subsequent relevant World Health Assembly resolutions (the WHO Code). Directors and committee members must act in the best interests of BMNANZ, so we ask everyone who applies for these roles to declare any competing interests or affiliations.

A conflict of interest occurs when a person’s personal interests or affiliations conflict, or could reasonably appear to conflict, with their responsibility to act in the best interests of BMNANZ. Personal interests include direct interests, and those of family members, close friends, or organisations the person is involved with or has an interest in (for example, as a shareholder, employee, officer or director).

Affiliations that should be declared include: grant or research support; honoraria, travel or other benefits; acting as a consultant or independent contractor, employee, officer or director, or holding a financial interest; taking part in a speakers’ bureau or being a regular contributor to a publication; having a close friend or family member who is an officer, director or employee of, or has a financial interest in, a relevant organisation; and any other financial or material support.

The WHO Code restricts the marketing of breast-milk substitutes, feeding bottles and teats. It prohibits manufacturers and distributors of these products from offering sponsorship, gifts, samples or other financial or in-kind inducements to health workers and their organisations. Any such relationship is a conflict of interest for a BMNANZ role.

A WHO Code concern involves both a product covered by the Code and an activity the Code prohibits. Products covered by the Code are breast-milk substitutes (including infant formula and follow-on formula, and other milks, foods or drinks marketed as suitable for partial or total replacement of breast milk), feeding bottles and teats.

If you apply for a Board Director or committee position, you must disclose to BMNANZ any current interest or affiliation that may have a bearing on that role, including with:

  • Companies and commercial entities of the kind described in the IBLCE Minimising Commercial Influence on Education Policy, including manufacturers and distributors of products covered by the WHO Code
  • Any other person or organisation with an interest in the subject matter of BMNANZ’s work, including other organisations in breastfeeding, lactation or infant feeding
  • Any other role, interest or relationship that could reasonably be seen to affect your independence in the position you are applying for

This declaration is not meant to stop anyone from applying. Its purpose is to have any competing interest identified openly. The Board considers each declaration and decides whether a declared interest may affect the applicant’s suitability for the role, or can be managed, for example by the person not taking part in particular discussions or decisions. The Board may ask you for more information.

If you are elected or appointed, you must update your declaration as soon as your interests or affiliations change, and confirm it each year when the Secretary asks. Your declaration is kept in BMNANZ’s register of interests, and you must not take part in any discussion or decision where you have a conflict unless the Board decides otherwise.

Your answers are handled as described in the Privacy Policy and the collection notice on the form. A false or incomplete declaration may lead to your nomination or application being declined, or to removal from the role under the Constitution.

The form asks you to choose one of two statements: that you have no actual or potential competing interests to declare in relation to your application, or that you have competing interests or affiliations to declare, which you then list with the name of the person or organisation concerned.