Video summary
This panel discussion at the AES New South Wales Network event brought together experts from government, health research, and independent ethics to explore ethical pathways for evaluators. Kieran Gregory highlighted the formal mechanisms within the NSW public service for raising concerns, distinguishing between internal disagreements that should be discussed and breaches of policy that require reporting through PID channels under the new Code of Ethics. Kelly Jones explained the role of the Aboriginal Health and Medical Research Council's Ethics Committee, which was established by elders in 1996 to ensure research involving Aboriginal communities is culturally safe and beneficial, while Gerard Atkinson introduced Iris Ethics as Australia's first open-access committee dedicated to evaluation and social research sectors.
The speakers clarified common misconceptions regarding ethical review, emphasizing that activities such as market research or evaluations are not inherently low-risk and can cause significant social, psychological, economic, and legal harm. Consequently, projects focusing on Aboriginal people now require rigorous review rather than being treated as exempt, a change reflected in the updated National Statement on risk. The panel addressed specific challenges such as data sovereignty, where Aboriginal communities must maintain control over their data storage and dissemination, and the necessity of obtaining separate ethics approvals for multi-jurisdictional projects since mutual recognition does not generally apply across Australian states.
Practical guidance was offered on managing overlapping risks between the program being evaluated and the evaluation process itself, noting that evaluators must consider inherent harms like mandatory reporting in criminal justice contexts alongside procedural risks. Consultants are encouraged to educate their clients on these ethical guidelines by providing resources and hard copies of relevant policies. The committee structures vary, with some offering full reviews while others provide lower-risk pathways or exemption statements, all operating on an on-demand basis with rapid turnaround times to support applicants throughout the process.
The session concluded with a strong emphasis on the importance of cultural safety, community control, and integrity in all research endeavors involving Indigenous peoples. Attendees were invited to engage further by scanning a QR code for feedback or asking final questions via chat, reinforcing the collaborative spirit of the event. Ultimately, the discussion underscored that ethical evaluation requires active engagement with applicants, a clear understanding of jurisdictional requirements, and a commitment to ensuring that all research yields net benefits for the communities involved while adhering to strict legislative and cultural standards.
Read the full video transcript
Good day and welcome. It's good to have
you here at this AES New South Wales
Network event where we're going to be
talking about ethics pathways for
evaluators.
So good uh to be thinking about this and
we have
three people who are going to be sharing
with us about pathways, maybe some tips
and tricks as well. Um, our first
speaker is Kieran Gregory. Kieran is
currently a principal adviser with the
Office of the Public Service
Commissioner. He's been leading the
integrity and ethics function. The
team's recent focus has been on
developing and embedding a new code of
ethics and conduct for New South Wales
public sector employees, as well as
strategies to build pro-tegrity cultures
in New South Wales. Kieran has
previously worked in whistleblowing
prevention in Queensland and New South
Wales and is a sessional academic with
Qout Faculty of Business and Law.
Our second speaker today is Kelly Jones.
Kelly is a proud Gomeroy descendant
through her maternal grandfather with
family connections to Boommy in New
South Wales. She was born and raised on
Gatagle country and now serves as the
ethics coordinator at the Aboriginal
Health and Medical Research Council.
She is the ethics coordinator and has
held that position for five years. Kelly
has shared her knowledge and experience
at a number of national forums these
last few years, including the Licha
Institute International Conference, the
AH andMRC ethics forum, as well as the
policy health summit and the
reconciliation Australia conference.
She's clearly passionate about
supporting researchers and institutions
to understand and uphold Aboriginal
governance and research, advocating for
culturally culturally respectful
approaches that lead to meaningful
outcomes for communities. And our third
speaker is Gerard Atkinson. He is the
managing director and founder of Iris
Ethics. This is Australia's first human
research ethics committee dedicated to
serving the evaluation, social research
and market research sectors. He began
his career in market research and
evaluation in 2001 and started Iris
Ethics after being an executive in the
ARTD consultants and uh Australian
government agencies. at ARTD. He led
internal training on ethics and HRE
processes as well as delivering low-risk
reviews of projects for the firm. So
before I um hand the conversation to the
team,
I'm going to take a moment to
acknowledge that we are all coming
together on various Aboriginal lands and
pay respect to the elders of those
nations. um acknowledging the wealth of
knowledge and sharing of knowledge that
has come before and the privilege that
we have to come together and continue to
share knowledge and learning. It's a
privilege. I'm so glad to have you all
here and I'm going to stop talking now
and we're going to hear from our
excellent panelists. Um Kieran,
>> take it away.
>> Great. Thank you so much um Emily. Um,
and I'd also like to acknowledge um that
I'm joining uh this meeting from Gatagle
country today. Um, now I had a deck, but
it's currently corrupted and not able to
be opened. So, um, you'll just need to
listen to the dosit tones of my voice
for the next 10 minutes or so. I promise
there'll be sufficient particulars in
here in relation to this topic. Um, and
look, this is a topic that is really
close to my heart. It's something that
I'm really really passionate about and I
was so excited to get the invitation to
come and talk to you about uh what to do
when we identify there might be a little
bit of an issue while we're undertaking
an evaluation.
I think it's worth acknowledging at the
outset that evaluation is such a
critical part of the policy process and
indeed of project management. Um and we
know that uh a lot of the times uh it's
not happening as consistently uh as it
perhaps should be. Um we also know that
it's such a great opportunity to look at
a project and then reflect or a policy
or research and take a step back and say
okay well what worked what didn't um and
what can we do differently moving
forward.
It's also a really great opportunity,
and I'm preaching to the converted here,
I know, to identify those systemic
improvements and then really reflect on,
okay, what can we do differently down
the track?
For those reasons, it is possible, I'm
not going to say likely, but it's
possible that while you're undertaking
an evaluation, you will come across
something that uh you do not necessarily
agree with or is egregiously wrong. um
you might even come across serious from
joining.
And so what I wanted to do today was
just have a bit of a discussion in
relation to the formal pathways that
exist in the New South Wales government
sector um as they relate to raising
issues of concern um or allegations of
wrongdoing. But then I also wanted to
dedicate a bit of time just to
reflecting on um being really strategic
in terms of how you prosecute different
issues uh and reflecting on well what's
the best way to actually get this
resolved.
The other point I'll make at the outset
before I go into the particulars um is
that I think it's important for us to
take a step back and reflect on uh if we
are identifying an issue is it uh an an
issue that was open to the team or the
decision maker to make. So, it was a
correct decision or a preferable
decision, but it wasn't a decision that
you necessarily agree with
or has there been a breach of policy?
Um, or you know, has there been a breach
of legislation? Um, and these are huge
risk points.
The reason that I think it's important
to differentiate between the different
categories is it's relevant to the
process that you'll pursue, but it's
also relevant in relation to the
strategy that you'll pursue as well.
Now, for those of us who work in the New
South Wales government sector, you
hopefully know that um as of the 1st of
November last year, uh the public
service commissioner adopted a new code
of ethics and conduct for the government
sector.
So, this um code was uh had a really
lengthy consultation process. It hadn't
been reviewed for a decade or so. Uh and
so what we wanted to do when we were
developing the new code was make sure
that it captured the the breadth of
issues that we're likely to come across
um in our work as public servants.
We also had to balance that by make with
um the fact that we've got such a
diverse sector. We've got agencies and
departments that um do vastly different
work. And so it had to be a document
that applied to everyone.
The impetus for the change uh or one of
the impetuses for the change was um a
shift in the requirement um in the
enabling legislation that the code is
issued under
previous and it's important I promise I
don't want to get too in the weeds but
um so previously the commissioner issued
a direction to agency heads that said
you need to take steps for your people
to comply with the code
that shifted to people in the government
sector need to comply with the code.
So or government sector employees rather
need to comply with the code.
So that shift in emphasis combined with
the breadth um of additional issues that
the new code covers means that it's
really really important that everybody's
got a great understanding of what's in
it and then also what their obligations
are in terms of reporting wrongdoing.
So through an evaluation you may come
across uh you know uh breaches of policy
for example you might identify um issues
from um employees where uh you think hey
look they haven't actually complied with
with the code you know they've breached
their obligations here.
So the minimum standard is that where
you become aware of wrongdoing um you
know it should be reported
um and uh different agencies uh have
shifted some of that language to must be
reported.
So what I would encourage everyone to do
is just make sure you've got a really
good understanding of that code as a
starting point. um and then reflect on
okay well as I'm going through the
evaluation are there potential issues
here that I need to identify and deal
with or identify and raise rather
in terms of um so so that's that's the
code um now different agencies have
added different things to it as well so
um one of the tricky things about the
public sector is we've got so many
different pathways that people can
pursue so the best advice and different
obligations.
So, what I would encourage everyone to
do is just make sure you've got a really
great understanding of the code as it
applies in your agency um because that
will give you an understanding of the
types of issues to look out for.
You would also hopefully be aware that
um that uh in a couple of years ago we
got new whistleblowing legislation in
New South Wales. So, this was great.
This strengthened the whistleblowing
protections in New South Wales. Uh and
uh there are now a number of different
categories of wrongdoing related to
things like corrupt conduct and
maladministration and misuse of public
resources. So we're talking about the
serious stuff here
for the that kind of serious stuff. Um
you're not expected to assess it
yourselves. You're not expected to go
off and get all the evidence or anything
like that. But if you do identify
something where you're like, "This
doesn't pass the sniff test and I think
it's quite serious," you should have a
look at your AY's PID policy um which
will detail what you need to do uh in
order to um make one authorities.
One of the benefits of the new
legislation is that you can make them
verbally, you can make them in writing,
you can make them to your manager, you
can make them to a range of different
people listed in your policy.
So this is useful. It means that you
don't have to find the right door in
order to ventilate your concerns.
Now, um it's not your job to
investigate. So whether or not you
identify a breach of the of the code
potentially or if you think, hey, look,
this might fall in that pit category,
it's not your job to go off and do the
investigation. And please don't do that.
Um particularly if you're then starting
to access information that you shouldn't
be. I wouldn't want to see you guys get
in trouble um as a result of you know
accessing records and things like that
um because you were trying to pull
together evidence to support your
complaint.
I'm mindful of the time so I'll just
quickly talk to uh complaints um and you
know and how to practically raise um
either a breach of the code um or
potentially something more serious.
One of the uh things that we um talk to
people about in terms of complaint
making is just making sure that you've
got sufficient particulars there uh in
order for um the whoever's assessing it
to really get a grip of what the issue
is. So identifying clearly here is the
issue. Um if you think that there's been
a breach of policy or a breach of
legislation then articulating that and
then giving some information in terms of
why you formed that view. Um so again
we're not going off and getting evidence
but we want to give the decision maker
or the assessor like enough information
so they can say okay on the face of it
this warrants a further look.
Now, there will be times where um you
just don't agree with the decision. Um
so, it might conflict with your personal
values as opposed to um as opposed to
being a breach of um a policy or
legislation and the like. I think that
they're still worth raising. But the way
and the reason that I say that is that
talking about values and values based
decision- making and how our personal
values can come into conflict with
others is actually really useful in
terms of getting consistency of practice
moving forward. And it's also a great
opportunity for whoever's made the
decision or has, you know, done
something that you don't agree with to
reflect and say, am I going to back
myself and say, yes, I think that, you
know, that was right or um or they might
say, actually, no, now that you've
raised it, I could have done that
differently, but here are the pressures
that led to me doing that. So maybe we
need to have a look at those.
for those kind of issues. Um it's for my
personal take it's worth uh having
conversations with the relevant team.
There's no formal pathway for those. Um
but I think those internal discussions
are really valuable. Um and I really
hope that you're working in agencies
where um you are able to have those
conversations productively.
If you can't, then it's really important
to build the business case for why the
stuff you do is so critical because it
is.
Um, I think that's my time.
>> Yeah. Thank you, Karen. Those are great
tips and traps and things to be thinking
about. Um, as we uh now
we'll turn to Whoops, I've lost you.
Where'd you go?
We'll now hear from Kelly. Kelly, would
you uh please?
>> Sure. Thank you so much, Emily, and
thank you again for inviting me to speak
about something that I feel very
passionate about. And this is coming
from a secretariat side of things as
well. So, um I am my name is Kelly. I'm
a Gmory descendant and yes, I am working
as the secretariat and ethics
coordinator here at the AHNMRC. So I've
just got a presentation on basically a
little bit about our committee for those
who don't know about it and essentially
the the pathways we use in order to
review our applications. Um and I'll
also discuss about the quality
improvement projects um as well and how
we determine whether or not when it
needs to come to us and how we sort of
review that. Um and um yes, so I'll just
share uh the screen with you now
and um get that under way.
Okay,
can everybody see this?
>> Yes. Uh additional criteria
>> is it is it all there? Can is it the
ahmi? Perfect. Okay. So um first of all
what I really always like to do is just
uh provide just a little bit of insight
and I've got a small video which has my
incredible elders who established our
committee in 1996 and um also our
co-chairs um who just speak uh a little
bit about why we do what we do and why
and just a brief history. So I'll just
play that for you all now.
At the core of what the ethics committee
is and the role of it is actually just
to make sure that research is conducted
in a culturally safe way and to the
benefit of uh New South Wales aberiginal
and tourist islander people.
>> I think it's really to try and uh have a
central place for which researchers had
to put an application in where it can be
reviewed against a particular standard
and seen as appropriate or not
appropriate for for our community.
The AHNMRC
established the Hatre uh was it 26 years
ago?
>> 1996.
>> 1996 because the local atresses in New
South Wales were conducting the research
reviews themselves.
>> The elders decided we need to step in.
We need an ATRI.
>> The elders really built the ethics
committee and the legacy that we have
today is amazing because of them. We
could not do the work that we do without
having the elders come through and break
down a lot of the barriers.
>> We first started, we come on the
committee because we was um board
members of the AH and NAC at the time.
We had a broad range of grassroots
representation on the ethics and we
still sit there today.
when we was able to turn things around
with the research that was done in the
far west, it just wasn't appropriate
research that was conducted and how it
went. It had an impact not only that we
were the first nations people here but
also too it had an impact on our dream
that went on for some time that research
before we was able to get it squashed
and I think that was a good outcome for
us to having something turn around that
would have been very detrimental to to
our culture and and to our people.
when people are conducting research,
we're often directly affected in one way
or another by the research subject. And
I think it's it's incredibly significant
that we have an aiginal ethics committee
that then reviews those applications
with that kind of a perspective. It's
the mechanism to make researchers
have to have Aboriginal people involved
with research that impacts us.
The key thing that we look for is how
are ainal tourist people involved in the
research you're doing? Without the
ethics committee, I think we'd have a
lot of cowboys that are out there doing
things their own way without taking into
consideration the needs of our
communities.
If you do want to submit an ethics
application, we have all of our
materials online that outline how to
submit an ethics application with the AH
and MRC. Also on the website there are
details of when deadlines are and when
meetings are on as well. So all that
information can be found there very
easily.
>> This is something that people are
passionate about and are willing to work
towards and when we give people feedback
we are honoring the commitment that the
elders have placed on us to continue
their legacy.
So that's just a little understanding
and a brief understanding of our history
and what we do. I always like to um show
that video because it really promotes
the importance of Aboriginal ethics and
also our incredible elders. Um now um
just a brief rundown. This is our ethics
committee at the moment. Um so when you
are putting in your evaluations or
research projects this is who will be
reviewing your applications um and we've
got obviously the beautiful Aboriginal
elders who establish that and then um
our co-chairs um researchers legal reps
um and all Aboriginal um people uh
except for David Pierre's who's a
researcher and GP.
So
sorry my thing has just there we go. So
they've spoken about the history you
know just you already know it was
established in 1996 and uh the reason
for it was because the aberiginal
medical services themselves were
conducting um were reviewing the
research that was being done within
their communities and then they decided
to all get together and and establish
this. So um essentially that's how it
became.
So in terms of uh when we look at an
evaluation or a research project, we
need to make sure and this is also on
our website for you guys to to have a
look at in terms of pathways. when the
experience of Aboriginal people is the
explicit focus of all or part of the
research. When data collection is
directed at Aboriginal people, when
Aboriginal people are to be examined in
the results. Um when the information has
an impact on Aboriginal communities,
when Aboriginal health funds are a
source of funding. Um and then obviously
we also look at uh the Aboriginal
experience or medical condition being
studied or known or likely to be
different from the overall population.
are the Aboriginal people uh who use the
service. So you might be doing it on the
Aboriginal medical service, an ATO or
PHN um and Aboriginal people are known
or significantly uh represented within
the group being studied. Now in terms of
doing quality improvement projects um in
evaluations, I know that there's a lot
of that we determine whether or not a
quality improvement project needs to
come to us is if it is going to be
reported on um in a public domain. Um,
so if it's only going to be internal,
then that's fine, but in terms of the
processes and pathways, that's what we
look for. So, always follow our
criteria. It's on our website. Um, and
yeah,
and then our application uh processes
and assessment. So, basically, we assess
um just like most HRES as well. Um but
the only difference is is that we need
to have Aboriginal governance um on our
um applications such as support letters
or an Aboriginal reference group. Um we
do have flowcharts on our website as
well and all the resources there. Um and
uh that essentially is um a main
component in comparison to the other
hatres um in terms of uh when you're
submitting evaluations etc.
Um and then obviously if you're doing a
national project you will need to go to
the other ainal hat tracks within New
South um within Australia. Uh currently
we also know that Lwicher is looking at
a national aberiginal hre as well. So in
terms of pathways as well that um is
what we expect from and then obviously
like most we do the national statement.
So when we're reviewing as well our
pathways of merit integrity justice
benefici beneficients respect and
vulnerable participants and then we
obviously has been recently updated the
ethical conduct in research as well. Um
oh sorry that was a bit fast. So that's
spirit and integrity cultural continuity
um equity reciprocity respect and
responsibility that we also look for. Um
and these are all on our website as
well. And then we have our resources
such as the AH and MRC guidelines and
these are our key principles that we
also must go by in terms of reviewing
our application. So we want to make sure
that there's net benefits for the
Aboriginal people and communities within
the evaluation and research. um
Aboriginal community control of the
research that you've embedded the
cultural sensitivity
that there's reimbursement of cost for
their time and obviously enhancing a
originalinal skills and knowledge if if
there's any um if you're able to within
that evaluation at all. Um but in terms
of that that's it from me. Um, I'm happy
at the end to to speak to you guys in
with any questions, but um, as I said,
all of our resources are on our website
there for you all. Um, in terms of, um,
yeah, and yeah, that's it from me. That
was quite fast.
>> It was. Thank you, Kelly.
>> Pleasure.
>> Now, we're we're going to bring Gerard
up to share about Iris ethics.
>> Good day, everyone. And before I put up
my own slide deck, I'd firstly like to
acknowledge that I'm coming to you from
beautiful Gundich Mara country down in
southwest Victoria and pay my respect to
Aboriginal elders past, present and
emerging and extend that to all
Aboriginal, toouristrit islander,
Pacifica, Maui and first nations people
joining us today.
I also want to acknowledge that um you
know it's a real honor to be on a panel
with Kelly from the AH and MRC because
when we looked at starting up Iris
Ethics as a company, we looked at you
know what are models of delivery of
service that we want to emulate and
strive to be like and you know AHMRC was
one of those. So um we hope that we can
you know do them proud in terms of
emulating you know the quality of
service that they provide. So I'll bring
up my little slide deck for you all
because anybody who knows me is probably
familiar with the fact that I'm a former
consultant and I would not be a good
consultant without a slide deck. So you
get a slide deck. And so we're
Australia's newest
human research ethics committee, at
least as far as I know. We opened for
business on the 1st of July this year.
And we're the first open access human
research ethics committee that's working
in the evaluation, social research, and
market research sectors. That's where we
specialize and that's where we work. And
our goal is to provide ethical oversight
and advice quickly and at a very high
quality. And we do that through having
committee expertise that includes people
who work within the evaluation, social
research, market research sectors. Um,
we've got people who understand the
different policy areas, understand the
nuances and the challenges of working in
those areas. And we also bring in to
that committee a diversity of lived
experience perspectives, be that
Aboriginal toouristr islander,
culturally, linguistically diverse,
people with disability, um, LGBTQIA
perspectives. So that when we get an
application, we match that application
to members of the committee that
understand the kind of work that is
being done and are able to provide good
insights
relative to the national statement.
So what do we actually provide as a
company? So first off, we do the full
ethical review spectrum. everything from
those full committee reviews, but we
also do lower risk review pathways. So
things that don't necessarily meet that
threshold for a full committee review,
we can still provide that oversight and
advice around how to conduct those
projects ethically and consistently with
the national statement. We also do
statements of exemption for those cases
where there is a need to have a formal
review that says that no, you don't need
a formal review. Um, little bit of a
paradox there, but that's something we
provide. But alongside those reviews, we
founded this company with the goal of
elevating the conversation around ethics
in these sectors and trying to build a
consistent
practice, a transparent practice so that
people knew how to work ethically and it
becomes the, you know, the default in a
in a way because
there's information out there that can
support good practice. And so we're
doing that through providing resources
for practitioners. So pretty much every
week a new resource goes onto our
website and that's freely accessible and
it provides rundowns of particular
issues or elements of the national
statement and what that means in
practice for evaluation. And we also
include with that you know explainers,
guides, templates and checklists that
we're developing to also support good
ethical practice. The other thing that
we do and as far as we know this is
first in market which is determinations.
So
if you're planning a project and you've
got a question around
whether something is
ethical or not in relation to the
principles of the national statement,
you can actually apply to us and say
look I'm thinking hypothetically of
doing this hypothetically how would a
committee um land on that and we can
work with you to unpack that situation
and identify how the national statement
applies in that particular scenario and
then give you at least the confidence to
know how that can then be applied in
your project.
The third thing that we do is training.
So providing
you know custommade tailored advice and
and training to agencies and firms
around ethical practice and evaluation
and how to make that work and that
builds upon you know our resource base
and the experience of our committee.
So I mentioned the quality stuff now the
fast stuff.
We come from the evaluation sector and
particularly for me I come from
consulting and a rule of consulting is
that your clients always want everything
done yesterday and I've also been in
government so I understand why
everything needs to be done yesterday.
There's time pressures and you know we
wanted to build a service that could
meet those demands. So we are an
ondemand service rather than having
scheduled meeting dates which means that
each application is treated in
isolation. We select a member of a set
of members of the committee to look at
it and they have 10 business days to do
that review. And for other services we
shrink that down to five business days
because we know getting that feedback
fast is really important. And to do
that, we also provide ongoing engagement
with applicants. So if our committee are
discussing things and they've got a
virtual platform where they can do that
and we start to see there's particular
issues that could be clarified, we can
reach out to the applicant and say,
"Hey, what did you mean at 12, page 12
of this application? You know, can you
just clarify for us so that we're making
decisions based on the best information
possible?" Um, we also engage
applicants. Should we have a sort of
formal virtual meeting like we're having
now, we invite applicants to that so
that they can be there and talk with the
committee through that decision process.
So again, the committee is able to make
the best possible decision based on the
evidence.
I've got a couple of flowcharts. Don't
worry, these are actually on our website
if you do want to to see them. So we've
got a review process that sets out the
the pathway from applying for review
what we do on our side where there are
decision points and things where you
might have to provide more information
or um be involved in the process and we
try to make that as straightforward as
possible. The fact that I can get it
down to a page, I think is pretty good.
And I'm hoping we can streamline that
further as we build.
Before I get into the other flowchart
that I want to show you, I want to just
bust a couple of myths um get on my soap
box and anticipate a few questions. And
the three myths that I've got are the
first one that evaluation and QA are
exempt from ethical review. That's not
the case. Um I know that there has been
statements put out there particularly in
light of the NHMRC's
guidelines on ethical conduct of
evaluation and quality assurance
activities that the national statement
and the review pathways there don't
necessarily apply. It's actually quite
the opposite. um evaluation and QA
are held to a higher standard than other
research because of that extra document.
So um there are different thresholds but
the national statement still applies
first and foremost. The second myth is
kind of the flip side of all evaluation
and QA needs to go to a committee
especially if vulnerable
people are involved. Um, this was more
so the case with previous editions of
the statement. The 2025 national
statement has completely rewritten
section 4, which deals with activities
that are taking place with certain
groups of people and it takes a a much
more holistic view of risk and
vulnerability. And so now it's the case
that you treat each project on a
case-byase basis and understand the
different stakeholders, different
activities and different risks. But it
does mean that not all evaluation and QA
needs to go to a full committee. It in
my experience most evaluation and QA is
probably best served by a lower risk
review process. um but that there are
definitely
evaluations and QA activities that
should be going to a full HRE. The last
one there is saying evaluation and QA
are less risky than clinical research. I
don't believe that's the case. Just
because we're not taking blood samples
or
um testing medicines does not mean that
there are significant risks of harm to
people involved and communities involved
in that work. And when you look at the
national statement, it provides a a
large list of the types of harms that
can occur including you know social,
psychological, economic and legal harms
that can exist. And I would say you know
in evaluation particularly those risks
are perhaps amplified because of the
nature of the work we do and the
contexts that we work in. So with all
that myth busting there, just want to
quickly flick to the national statement
navigator that we've developed. And this
is a flowchart that's on our website.
And it's a really good way to look at
your projects and say, okay, how do I
identify which ethical pathway is most
appropriate in my circumstances? And you
can see at the start there, the first
question is about harm. Is there a
non-negligible risk of harm?
If yes, straight to full HR. If not,
then we go through the flowchart and you
can see there is this breakout for
quality assurance and evaluation as
well. And it builds in the criteria from
the national statement and the advice on
evaluation and quality assurance. So,
it's a good guide um and it can really
help when you're planning your projects
to think about these things. Of course,
it's not universal and as we say, if
there are questions, you can come to us.
We want to be there as a service for the
evaluation, market research, and social
research communities.
So, with that, I'll finish the slides.
We're actually at a couple of
conferences coming up, including the
Australian Evaluation Society
conference. So, if you do have questions
that don't get answered today or you
just want to have a chat to us about
your projects, we'll be there in person
at these conferences. Thank you so much.
Thank you, Gerard. Thank you to
everyone. I'm going to bring our
speakers back to the uh foreground here.
Scary thing being in the foreground. Um,
what do I bring you back here? There we
are. There we go. Welcome back everyone
and thank you everyone. Um,
please do join me. I saw some hands
going up with the applause. Please do
join me in thanking our panelists. What
an excellent um
breadth of um perspective and experience
and opportunity and thinking spaces. Um
it's fabulous. I'm so so glad to have
you here. We've had a couple questions
come in the
chat which um about the Aboriginal
Health Ethics Committee and Kelly,
you've been fabulous putting in some
responses. But for those who haven't
seen the chat, there's been a question
about data sovereignty principles. So
please go and scan that. Um and Kelly, I
might ask and uh well to the panel um
positions about data security, data
sovereignty.
There's something we need to be thinking
about any tips and tricks from our uh
from our experts on the screen
in that matter.
Who's going to be brave? No one.
>> Uh I I guess I I sort of answered it on
on behalf of the AH and MRC in in that
question box, but yeah, we just make
sure that um in our ethics applications
that there is like Aboriginal community
control and authority throughout every
stage where it's being stored. Um and um
yeah, just making sure that um they
provide us with all the updates, any
changes throughout the entire process of
their research project, but um it's
specifically with data sovereignty,
we're very very hard on that too. So we
want to make sure that Aboriginal
people, especially within the community,
have that control over it.
>> What sort of evidence would come into
play for that sort of thing, Kelly? What
do you look for?
>> We look for where it's stored. We look
for how long for, what's going to happen
um with the results like with the data
that they've collected. Um how long are
you storing it for? We need you know the
evidence. Um that's essentially what we
ask them in terms of that. Um and every
year they have to um in their annual
report provide us with more information
on that data um sovereignty and data
storage.
We've had one come in which sort of sits
in line with that. How what's an example
of a community retaining ownership?
>> That could be um our Aboriginal medical
services. So let's just say it was a
health um a health research project in
Mori to deal with cancer. uh the
Aboriginal medical service would want to
hold that data sovereignty and hold that
data for themselves you know um and um
make sure that it's culturally safe um
that the data being collection collected
is culturally safe and um and making
sure that if anyone does you know want
that data how you know how how will they
be um uh reporting on that. So um and
that's essentially where we come in. We
want to make sure that anything that's
being reported in a public domain is
done in a culturally safe way. So that's
that's sort of what we mean by community
retaining ownership of data.
>> Gerard, I saw you come off mute. Did you
have something to add?
>> Yeah, I just wanted to sort of add as
from our perspective, you know, we would
say that when it comes to data security,
um, your practice is not in isolation of
other guidelines. And so things like the
Australian privacy principles are just
as applicable in these scenarios. Um
when it comes to data sovereignty as our
HRE does undertake reviews of
applications that do involve Aboriginal
tourist rate islander communities. We've
really recently updated our position
statement and practice around that. Um
which I direct people to the website to
take a look at. Um but you know what we
are looking for and from the committee's
perspective is evidence of that
ownership of data by the community um
and respect for
the fact that the community has
volunteered that information um as
something given to the the researchers,
the evaluators, but it is still owned by
that community and has to be respected
as such.
>> Okay, we've had a a question come in.
How do you distinguish if at all between
the ethical risks from the program being
evaluated and the risks from the
evaluation itself? This seems to be a
particular challenge for evaluation
unlike research. Thinking of the points
mentioned around range of harms like
economic, legal harms when evaluating
compliance, regulatory or criminal
programs, justice programs, excuse me,
and those risks arise because of the
program rather than the evaluation
hearing you're nodding. What are your
thoughts on that?
>> I mean, it's a really live issue, isn't
it? Um and I think from a practical
perspective inherently there's likely to
be some crossover.
Um because uh a good evaluation may um
like canvas some of those risks and uh
identify and then like kind of respond
to those risks and reflect on well were
they managed effectively. Um, so
depending on how you're structuring the
methodology of the evaluation, like it's
potentially covering some of the similar
ground. Um, so I just think it's a great
question. I don't have an easy answer
there in terms of how to differentiate
it. Um, apart from really thinking
through, um, really I think talking
about it internally. So this is what I
always come back to. So talking about it
internally and having those
conversations to help kind of tease out
um where the risks are differentiated um
even if they're broadly the same there
might be kind of minor differences
between them but I don't have an easy
answer. I'm sorry.
>> Yeah Jerro.
>> Yeah I'll I'll throw in my two cents on
this. You know, whilst it's easy from a
theoretical standpoint to distinguish
the evaluation and the evaluand, um we
know as practitioners that's,
you know, they're intertwined. And so in
doing the evaluation, we're trying to
consider the harms in the context of
what we as evaluators may encounter in
the process of doing the evaluation. And
so if if the evaluand carries with it
certain risks and a great example is one
where you are working as Robert you've
said in the criminal justice system
where you could be identifying
activities that are illegal activities
that may require some form of mandatory
reporting framework that has to be taken
into account in the design of the
evaluation. And as a committee, my
committee would be looking at what are
the mitigation strategies that you have
in place to address those potential
scenarios as as and when they arise. So
we would be looking as part of the
evaluation how that interacts with how
it reflects the nature of the program
and the inherent risks within that
program itself.
We've had a question come in that says,
"How do we
and they're pointing at a yes, but I I
feel like it's all of our responsibility
to prevent improper practice in terms of
following ethical ethics guidelines um
with priv by private consultants. So
clients from the public sector or NGO
services might not be experienced and
experienced enough to recognize when the
services they procure are in breach of
ethical guidelines. Any suggestions
about how to navigate that?
I guess for us it's more education. So
we provide lots of education sessions um
to institutes hatres
um holding things like this. I I think
for us in particular we just try and
educate as many people as possible um
and try to refer them to our guidelines
um or or send them out as well in hard
copies. I know that's a bit old school
but sometimes that seems to work as
well.
>> That's what we do.
>> Yep.
Um, and there's been a question come
through. So this is the New South Wales
network of the Australian Evaluation
Society.
If we're working on a project that is
carried out in multiple states and
territories of Australia,
do we need approval in every state and
territory in which we're working or are
there um places where you can get mutual
recognition and approval? Kieran, you've
come off mute.
>> Um, that was a rookie mistake on my
>> um, look, requirements may differ
depending on the jurisdiction. So, I'm
not aware of kind a whole of um,
Australia or jurisdiction approach in
relation to that. Um, it's likely that
um, approval will be required across the
board.
>> Um, I probably need to jump in there and
say that's not the case. Um, we are a
HRE that operates nationally.
>> Oh, brilliant.
>> We're not the only one. Um
>> what it does mean for us operationally
is understanding the jurisdictions in
which an evaluation or an activity is
taking place and then ensuring
um that not only is the program in
compliance with that but that our
responsibilities as a HRE are also in
compliance with the relevant
jurisdictions.
I mentioned earlier mandatory reporting
is an absolutely great example of this
because
it is very different the frameworks
around mandatory reporting in each state
and territory and so as a committee we
have to be across that. Now, um I will
say that an exception around this, and
look, I could get into the weeds around
NHMRC's push for mutual recognition um
of uh approvals across committees, but
there is a major exception and that is
around um work with Aboriginal and
toouristr islander communities where you
know I I think I should throw to Kelly
there as the expert on on that
particular area.
Yeah, thank you. Uh, yes. So, the answer
is yes, you do need to go to each state.
So, you've got us, uh, then you've got
Wahek in Western Australia, you've got
AXA in South Australia. Um, and then
you've got Mensy's uh, which is in the
Northern Territory. Vacho in Victoria is
about to open up their own one. I think
Quake is also in Queensland is looking
and then we've also in the process of
Lich doing a national Aboriginal hat
track as well. So yes, just because in
terms of countries um in uh everyone has
different jurisdictions and laws lo
and so we want to make sure that in
terms of being culturally appropriate
everyone um within different regions
obviously works in a different way. Um
so yes and we do understand that it is
um consuming and and it and it can take
a long time but usually once you've gone
through the process once it's actually
quite easy to go through the rest cuz we
ask similar questions. Yes you might
have to you know obviously um provide
different feedback but this the standard
thing is still there. So yes the answer
is yes. I feel like that planning piece
that all of you have mentioned from the
start, if you're working from the start
and really thinking through all of those
aspects of who, the why, the how, the
where, every bit and the whatifs, you're
going to have a really clear um
application.
and to be able to go through that
process and pathway um with a bit more
ease and um comfort maybe.
Um any other questions? Uh please feel
free to um unmute and and ask a question
directly if you'd like.
>> Just just another thing, sorry I didn't
actually mention in my presentation now
that I think about it. In terms of the
changes as well to the national
statement in terms of risk um uh we do
not consider any uh research to do with
Aboriginal or touristra islander people
uh to be of low risk. So any research we
suggest you please put it forward to us.
Uh we have uh just uh created a
statement on that that is now on our
website and we will be handing that out
as well in hard copy um because we find
that sometimes that works too. So, just
so you know, um, in in terms of that
risk when we were talking about it
before.
>> Great. Thank you very much. I'm going to
be really cheeky and, uh, share my
screen for just a second and encourage
everyone to, uh, scan the QR code
and provide us a little bit of feedback
on what you've thought regarding this
uh, session today. It'd be really great
to hear from you um, and any ideas you
might have going forward. But please
continue to provide uh questions in the
chat or unmute and ask a question as we
have we still have a few minutes and we
have our experts um with us. Um
it's really I'm so excited that everyone
came along. What a great u great crew
and great speakers. Please uh join me
once more in acknowledging our
panelists. Um you've really made this a
fabulous
session. Thank you so much. I'm going