Councillor Registers

This Section Includes:

COUNCILLOR REGISTER OF INTEREST

Section 295 of the Local Government Regulation 2012 states that:

  1. A local government must make a copy of the register of interests of each councillor available for inspection at the local government’s public office.
  2. Also, the local government must make an extract of the register of interests of each councillor available for inspection on the local government’s website.

2024 to 2028 Councillor Registers of Interest:

OBLIGATIONS OF COUNCILLORS 

Prescribed Conflict of Interest - Section 150EG Local Government Act 2009

Councillors are ultimately responsible for informing of any prescribed conflict of interest on matters to be discussed at a council or committee meeting (other than ordinary business matters).

When dealing with a Prescribed Conflict of Interest, Councillors must abide by the following procedures:

  • A Councillor who has notified the Chief Executive Officer of a Prescribed Conflict of Interest in a matter to be discussed in a council meeting must also give notice during the meeting.
  • A Councillor who first becomes aware of a Prescribed Conflict of Interest in a matter during a council meeting must immediately inform the meeting of the conflict of the interest.
  • When notifying the meeting of a Prescribed Conflict of Interest, the following details must be provided:
    • if it relates to a gift or loan given by an entity - state the details of gift or loan
    • if it relates to a sponsored travel or accommodation benefit - state the benefit details
    • if it relates to a contract between the Councillor and Local Government or close associate of the Councillor – state details
    • if it relates to an application or submission - state the subject of the application or submission
    • if it relates to appointment/employment matters of Chief Executive Office position - state conflict details

The Councillor must then leave the place of the meeting, including any area set aside for the public, and stay away while the matter is being discussed and voted on, unless the subject Councillor has written notice from the Minister to participate in the matter.

Once the Councillor has left the area where the meeting is being conducted, the council can continue discussing and deciding on the matter at hand.

Register

Declarable Conflict of Interest - Section 150EN Local Government Act 2009

Councillors are ultimately responsible for informing of any Declarable Conflict of Interest on matters to be discussed at council or committee meetings that might lead to a decision that is contrary to the public interest (other than ordinary business matters).

A Councillor may raise their personal interests in a matter at the meeting to canvas the view of the other Councillors prior to deciding to declare a conflict of interest. If the other Councillors suspect the personal interest might be a conflict of interest, the Councillor may disclose their suspicion and the processes under section 150EW of the LGA.

When dealing with a Declarable Conflict of Interest, Councillors must abide by the following procedures:

  • A Councillor who has notified the Chief Executive Officer of a Declarable Conflict of Interest in a matter to be discussed at a council meeting must also give notice during the meeting.
  • A Councillor who first becomes aware of a Declarable Conflict of Interest in a matter during a council meeting must inform the meeting of the conflict of interest 
  • When notifying the meeting of a Declarable Conflict of Interest or it could be reasonably presumed that a conflict exists, Councillors should provide sufficient detail to allow the other Councillors to make an informed decision about how best to manage the Declarable Conflict of Interest in the public interest. The following details must be provided:
    • the nature of the Declarable Conflict of Interest
    • if it arises because of the Councillors relationship with a related party:
      • the name of the related party to the Councillor
      • the nature of the relationship of the related party to the Councillor
      • the nature of the related party’s interest in the matter
    • if it arises because of a gift or loan from another person to the Councillor or a related party:
      • the name of the other person
      • the nature of the relationship of the other person to the Councillor or related party
      • the nature of the other person’s interest in the matter
      • the value of the gift or loan and the date the gift or loan was made.

After a Councillor has declared a conflict of interest, the Councillor should consider leaving the meeting while the matter is discussed unless they have reasons why their participation would improve making the decision in the public interest.

Register

DELEGATIONS REGISTER

Delegations Register Under section 257and section 260 of the Local Government Act 2009

 257 Delegation of local government powers

  1. A local government may, by resolution, delegate power under this Act or another Act to—
    1. the mayor; or
    2. the chief executive officer; or
    3. a standing committee, or joint standing committee, of the local government; or
    4. the chairperson of a standing committee, or joint standing committee, of the local government; or
    5. another local government, for the purposes of joint government activity.
  2.  However, a local government may only delegate a power to make a decision about a councillor’s conduct under section 150AG to—
    1. the mayor; or
    2. a standing committee of the local government.
  3.  Also, a local government must not delegate a power that an Act states must be exercised by resolution.
  4. A joint standing committee, of the local government, is committee consisting of councillors of the local government and councillors of 1 or more other local governments.
  5. A delegation to the chief executive officer under subsection (1) must be reviewed annually by the local government.

260 Local government delegations register

  1. The chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation. 
  2. The chief executive officer must record all delegations by the local government, mayor or the chief executive officer in the register of delegations.
  3. The public may inspect the register of delegations.

Delegations Register

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