Published policy

Conflict management.

Nausicaa acts for contractors bringing work into the Kimberley, and for Kimberley businesses delivering it. That is disclosed, not hidden — and it is governed by a documented regime rather than an assurance of good character.

Why this page exists

In a market this size, a blanket prohibition on acting for both sides would be unworkable. There are a limited number of contractors, principals and suppliers active in the Kimberley, and Nausicaa's value derives in part from working across that market.

The alternative to a blanket prohibition is not a promise. It is a regime that a client's probity officer can inspect and satisfy themselves about. That regime rests on four things, in order of importance:

1. A small set of genuinely absolute prohibitions — short enough to be credible, hard enough to mean something.
2. Standing informed consent — every client consents up front to Nausicaa acting for others in the same market, subject to the protections below.
3. A conflict register, and a check performed before every engagement. Evidence, not assurance.
4. A defined withdrawal protocol — decided in advance, in writing, so it isn't negotiated under commercial pressure when it actually happens.

What Nausicaa will not do

Nausicaa will not act for more than one party on the same project where those parties are in a contractual relationship with one another.

Nausicaa will not hold a commercial or margin interest in works it administers or certifies.

Where Nausicaa holds a Superintendent's Representative appointment, it will not concurrently act for any retained client holding or bidding a subcontract under that head contract.

Nausicaa does not accept commissions, referral fees or rebates from any party it recommends or assesses. All income derives from disclosed client fees.

The three tiers

Every prospective engagement is classified before it is accepted.

Tier 1 — Absolute prohibitions

Declined regardless of consent. Consent cannot cure a Tier 1 conflict, and no client is asked to waive one. All four published pledges above are Tier 1 prohibitions, and so are the two below.

Using confidential information from any engagement for the benefit of another client, or for Nausicaa's own benefit — at any time, including after the engagement ends
Acting against a former retained client on a matter Nausicaa advised them on, for a defined period after the retainer ends

Tier 2 — Permitted with written disclosure and consent

Permitted only where all affected parties have been notified in writing and have consented in writing. Disclosure names the other client — anonymised disclosure is not consent.

Acting for two parties on different projects where they are in a contractual relationship on another project
Providing a scope-limited engagement to a head contractor where a retained client is a potential subcontractor in the same supply chain
Recommending, in a sourcing or supply chain engagement, a business that is a current or former retained client — disclosed in the deliverable itself, not only in correspondence
Accepting a Superintendent's Representative appointment on a project where Nausicaa previously provided a scope-limited engagement to a party to that project
Acting for a retained client in a dispute against a party Nausicaa has acted for within the preceding defined period

Tier 3 — Permitted, register entry only

Acting for competing businesses in the same sector where they are not party to the same project
Successive scope-limited engagements for parties who later contract with one another, where no relevant confidential information was obtained
General capability, tendering and governance support that is project-agnostic

The check that runs before every engagement

This runs before any engagement is accepted, at the point a fee schedule or proposal is issued — see how to engage.

Identify the project, the principal, the head contractor and known or likely subcontractors — including related entities. Conflicts follow corporate groups, not trading names.
Search the conflict register against every entity identified.
Classify the engagement as Tier 1, 2 or 3.
Tier 1 — decline in writing, without disclosing which other client caused the conflict.
Tier 2 — issue the disclosure notice and obtain written consent from all affected parties before any work commences.
Record the outcome in the register, whether the engagement proceeds or not.

The register records the date, client, related entities, project, principal, head contractor, engagement type, start and end dates, tier classification, disclosures issued, consents received and notes. It is retained for seven years and is the artefact produced when a probity officer asks.

Information barriers — stated honestly

Nausicaa is a sole practitioner. Physical separation of teams is impossible, so the controls are procedural and are described as what they are:

Client information is held in separate, access-controlled storage per client. There are no shared working files.
No client confidential information is reproduced into the Capability Register. Rate history in the register is sourced from Nausicaa's own market work, published data, or with written permission.
Where the same person cannot be separated from the knowledge, the engagement is Tier 1 and is declined.

The limit no clause fixes

A sole practitioner claiming an effective information barrier should not be believed, and claiming one would be worse than acknowledging the limit. This framework works because it declines the engagements that fall over that limit — not because it asserts a separation that does not exist.

Withdrawal protocol

Decided in advance so it isn't negotiated under pressure.

All affected clients are notified in writing within a defined short period of a conflict becoming known that cannot be managed.
First in time. Where withdrawal is required, Nausicaa withdraws from the later-commenced engagement.
Exception: where withdrawal from a live Superintendent's Representative appointment would prejudice the administration of a contract or parties relying on impartial certification, Nausicaa continues that appointment and withdraws from the other engagement regardless of order.
On withdrawal, fees are payable only for work performed to that date. No termination penalty applies to the client, and a reasonable handover is provided.
Confidentiality obligations survive withdrawal indefinitely.

What this framework does not do

It does not stop a tier-one contractor deciding they would rather not engage someone who also acts for businesses in their supply chain. Some will make that call regardless of how the framework is drafted. That is treated as a cost of the model rather than a problem to be drafted around.

The full framework

The complete conflict management framework, including definitions, the standing consent clause and the service-line specific provisions, is provided in full on request to any client or probity officer who asks. The commission, referral-fee and disbursement terms that sit alongside it are on how to engage.

Request the full framework

This page is a summary of Nausicaa Consulting's conflict management framework and is not legal advice. The framework forms part of Nausicaa's engagement terms. Where a client's own probity requirements are more restrictive than this framework, the client's requirements apply.