Councillor Register of Interest Councillor Register of Interest

Section 108 of the Local Government Act states that a copy of the Register of Interest of Councillors must be made available on the website:

108 Who may inspect a register of interests

(1) A register of interests of a councillor may be inspected by the public.

110 Publication of register of interests of councillors

(1) The local government must ensure a copy of the register of interests of councillors may be inspected by the public—

(a) at the local government's public office; and

(b) on its website.

(2) The copy of the register of interests must—

(a) include a change to the register of interests as soon as practical but no later than 5 business days after the change is made; and

(b) be in a form that is reasonably accessible and transparent.

Example for paragraph (b)—

a consolidated version of the register of interests

Mayor - Cr Greg Jones

Deputy Mayor - Cr Ninian Stewart-Moore

Councillor Jane Charuba

Councillor Barbara Geisler

Councillor Bill Bode

Councillor Sean O'Neill

Councillor Shane McCarthy

Councillor’s Material Personal Interest at a Meeting Councillor’s Material Personal Interest at a Meeting

Section 172 of the Local Government Act states that a copy of the Material Personal Interest Register of Councillors must be made available on the website:

172 Councillor’s material personal interest at a meeting

 

  1. This section applies if—
    1. a matter is to be discussed at a meeting of a local government, or any of its committees; and
    2.  the matter is not an ordinary business matter; and
    3. a councillor has a material personal interest in the matter.

Note

See the dictionary for the definition of an ordinary business matter.

  1. A councillor has a material personal interest in the matter if any of the following persons stands to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of the consideration of the matter at the meeting—
    1. the councillor;
    2. a spouse of the councillor;
    3. a parent, child or sibling of the councillor;
    4. a partner of the councillor;
    5.  an employer (other than a government entity) of the councillor;
    6. an entity (other than a government entity) of which the councillor is a member;
    7. another person prescribed under a regulation.
  2. However, a councillor does not have a material personal interest in the matter if the councillor has no greater personal interest in the matter than that of other persons in the local government area.
  3. Subsection (2)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that their parent, child or sibling stands to gain a benefit or suffer a loss.
  4.  The councillor must—
    1. inform the meeting of the councillor’s material personal interest in the matter; and
    2. leave the meeting room (including any area set aside for the public), and stay out of the meeting room while the matter is being discussed and voted on.

Maximum penalty—

  1. if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or someone else—200 penalty units or 2 years imprisonment; or
  2. otherwise—85 penalty units.
  1. However, a councillor does not contravene subsection (5) by taking part in the meeting, or being in the chamber where the meeting is being conducted, if—
    1. the councillor is a person to whom approval is given under subsection (7); and
    2. the councillor is complying with all conditions on which the approval is given.
  2. The Minister may, by signed notice, approve a councillor taking part in the meeting, or being in the chamber where the meeting is being conducted, if—
    1. because of the number of councillors subject to the obligation under this section, conduct of the meeting would be obstructed if the approval were not given; or
    2. it appears to the Minister to be in the interests of the local government area that the approval be given.
  3. The Minister may give the approval subject to conditions stated in the notice.
  4. The following information must be recorded in the minutes of the meeting, and on the local government’s website—
    1. the name of the councillor who has the material personal interest, or possible material personal interest, in a matter;
    2. the nature of the material personal interest, or possible material personal interest, as described by the councillor;
    3. whether the councillor took part in the meeting, or was in the chamber during the meeting, under an approval under subsection (7).

 

Material Personal Interest Register

Councillor's Conflict of Interest at a Council Meeting Councillor's Conflict of Interest at a Council Meeting

Section 173 of the Local Government Act states that a copy of the Conflict of Interest Register of Councillors must be made available on the website:

173 Councillor’s conflict of interest at a meeting

1)     This section applies if—

  1. a matter is to be discussed at a meeting of a local government or any of its committees; and
  2.  the matter is not an ordinary business matter; and
  3. a councillor at the meeting—
    1.  has a conflict of interest in the matter (the real conflict of interest); or
    2. could reasonably be taken to have a conflict of interest in the matter (the perceived conflict of interest).
  1. A conflict of interest is a conflict between—
    1. a councillor’s personal interests; and
    2. the public interest; that might lead to a decision that is contrary to the public interest.
  2. However, a councillor does not have a conflict of interest in a matter—
    1. merely because of—
      1.  an engagement with a community group, sporting
        club or similar organisation undertaken by the
        councillor in his or her capacity as a councillor; or
      2.  membership of a political party; or
      3.  membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation; or
      4.  the councillor’s religious beliefs; or
      5.  the councillor having been a student of a particular school or the councillor’s involvement with a school as parent of a student at the school; or
    2.  if the councillor has no greater personal interest in the matter than that of other persons in the local government area.
  3. The councillor must deal with the real conflict of interest or perceived conflict of interest in a transparent and accountable way.
  4. Without limiting subsection (4), the councillor must inform
    the meeting of—
    1. the councillor’s personal interests in the matter; and
    2. if the councillor participates in the meeting in relation to the matter, how the councillor intends to deal with the real or perceived conflict of interest.
  5. Subsection (7) applies if a quorum at the meeting can not be formed because the councillor proposes to exclude himself or herself from the meeting to comply with subsection (4).
  6. The councillor does not contravene subsection (4) by participating (including by voting, for example) in the
    meeting in relation to the matter if the attendance of the councillor, together with any other required number of councillors, forms a quorum for the meeting.
  7. The following must be recorded in the minutes of the meeting, and on the local government’s website—
    1.  the name of the councillor who has the real or perceived conflict of interest;
    2. the nature of the personal interest, as described by the councillor;
    3. how the councillor dealt with the real or perceived conflict of interest;
    4. if the councillor voted on the matter—how the councillor voted on the matter;
    5. how the majority of persons who were entitled to vote at the meeting voted on the matter.
  8.  For subsection (2), a councillor who is nominated by a local government to be a member of a board of a corporation or other association does not have a personal interest merely because of the nomination or subsequent appointment as the member.
  9. To remove any doubt, it is declared that nonparticipation in the meeting is not the only way the councillor may
    appropriately deal with the real or perceived conflict of interest in a transparent and accountable way.

 

Conflict of Interest Register