2022-07-12 - S&O Agenda - Item 3 - Attachment 1 - Governance Framework Report

  Declarable Conflict of Interest

  A declarable COI is a situation where a councillor might have a conflict of
  interest, and they must declare the interest, and then either they choose to leave
  the meeting themselves or other councillors vote to decide whether they can
  participate in a decision.

  Declarable COIs include:
   • Donations (gifts) + loans + sponsored travel or accommodation totaling $500–
     $2,000 in a relevant term.
   • Interests where a reasonable person might think a councillor could be biased.

  Importantly, when declaring a conflict of interest, the DLGRMA suggests that
  Councillors consider the following questions:

   • Could a reasonable person think the councillor has a bias in the decision?
   • How much is the gift/contract worth? How long ago was it?
   • How close is the councillor’s relationship with the other party?
   • How big is the impact on the councillor or related party?
   • Is the interest unique to the councillor or related party, or an interest shared
     by the community?
   • Is the benefit certain, or a remote possibility?
   • How will the councillor’s involvement affect the public interest or trust with
     the community?
   • Is the decision consistent with decisions made for other councillors?

  When a councillor informs a meeting that they or another councillor have a
  prescribed or declarable COI in a matter, the Chairperson must ensure that the
  minutes of the meeting record:
   • The name of the Councillor who may have a prescribed or declarable conflict
     of interest,
   • The particulars of the prescribed or declarable conflict of interest provided by
     the Councillor,
   • The actions taken by a Councillor after informing the meeting that they have,
     or they reasonably suspect another Councillor has a prescribed or declarable
     conflict of interest,
   • The Council’s decision on what actions the Councillor with a declarable
     conflict of interest must take and the reasons for the decision,
   • The name of each eligible Councillor who voted and how they voted,
   • If the Councillor who declared the conflict voted on the matter, how they
     voted, and,
   • Whether the Councillor with a prescribed or declarable conflict of interest
     participated in or was present for the decision under ministerial approval.




NOOSA SHIRE COUNCIL                                                                PAGE 32