2018-12-11 Services & Organisation Committee Agenda

     SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                      11 DECEMBER 2018


     Procedural Changes: Disclosure of a material personal interest at a meeting

     Pursuant to section 175C of the Local Government Act 2009, if a matter is to be discussed at a meeting
     of the local government or any of its committees; and the matter is not an ordinary business matter; and
     the Councillor has a material personal interest in the matter, the Councillor must:
     (a)     Inform the meeting of the Councillor’s material personal interest in the matter, including the
             following particulars about the interests –
             (i)    the name of the person or other entity who stands to gain a benefit, or suffer a loss,
                    depending on the outcome of the consideration of the matter at the meeting;
             (ii)   how the person or entity stands to gain a benefit or suffer the loss;
             (iii)  if the person or other entity who stands to gain benefit or suffer loss is not the Councillor -
                    the nature of the Councillor’s relationship to the person or entity; and
     (b)     Leave the place at which the meeting is being held, including any area set aside for the public, and
             stay away from the place while the matter is discussed and voted on.

   A Councillor who fails to inform a meeting of a material personal interest or does not leave the meeting
     while the matter is discussed may be guilty of an offence which carries a maximum penalty of 200 penalty
     units or two years imprisonment.

   The offence is an integrity offence under section 153 of the Local Government Act 2009. As an integrity
     offence is a disqualifying offence, a Councillor charged with this offence is automatically suspended and
     if convicted, the Councillor is disqualified from being a Councillor for 4 years after the person is convicted.

     Conflict of interests

     Section 175D(1) of the Local Government Act 2009, defines a conflict of interest as a conflict between a
     Councillor’s personal interests and the public interest, and might lead to a decision that is contrary to the
     public interest.

     Section 175D(2) of the Local Government Act 2009 provides that a Councillor does not have a conflict of
     interest in a matter merely because of –
     (i)    an engagement with a community group, sporting club or similar organisation undertaken by the
            Councillor in the Councillor’s capacity as a Councillor; or
     (ii)   membership of a political party; or
     (iii)  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
     (iv)   the Councillor’s religious belief; or
     (v)    the Councillor has no greater personal interest in the matter than that of other persons in the local
            government area.

     Also, a Councillor who is nominated by the local government to be a member of a board of a corporation
     or other association does not have a personal interest in matters relating to that corporation or association
     merely because of the nomination of appointment as a member.

     Procedural changes: Dealing with conflict of interests at a meeting

     Section 175E of the Local Government Act 2009 applies where a matter is to be discussed at a meeting
     of the local government or any of its committees; the matter is not an ordinary business matter; and a
     Councillor at the meeting:
     (i)    has a conflict of interest in the matter (a real conflict of interest); or
     (ii)   could reasonably be taken to have a conflict of interest in the matter (a perceived conflict of
            interest).

     Self-disclosure


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