2019-08-06 S&O Agenda - Item 6 - Attachment 2 - Draft New Standing Orders for Noosa Council

21. Conflict of Interest
Councillors are ultimately responsible for informing of any personal interest where they have a real
or perceived conflict of interest on matters to be discussed at Council or Standing Committee
meetings (other than ordinary business matters). When dealing with a conflict of interest, Councillors
must abide by the following procedures:
21.1 A Councillor with a real or perceived conflict of interest must inform the meeting of the Local
     Government of their personal interest and set out the nature of the interest, including:
      a)    The nature of the interest
      b)    If the Councillor’s personal interest arises because of the Councillor’s relationship with,
            or receipt of a gift or benefit from, another person:
            1.     the name of the other person;
            2.     the nature of the relationship or value and date of receipt of the gift or benefit
                   received; and
            3.     the nature of the other person’s interests in the matter.
21.2 The subject Councillor may themselves elect to leave the meeting while the matter is being
     discussed and voted on due to a perceived conflict of interest or conflict of interest. If the
     Councillor does not leave the meeting, they may advise the other Councillors why they believe
     they are able to act in the public interest while remaining in the meeting. This could include
     prior advice from the Integrity Commissioner on the personal interest.
21.3 The other Councillors entitled to vote at the meeting must then decide whether the subject
     Councillor has a conflict of interest (including a perceived conflict of interest) in the matter due
     to their personal interest. A Councillor who has declared a personal interest in relation to a
     matter, must not vote under section 175E(4) of the Local Government Act as to whether
     another Councillor may stay in the meeting.
21.4 If the other Councillors decide there is no conflict of interest or a perceived conflict of interest,
     the subject Councillor may remain in the meeting and the meeting may continue.
21.5 If the other Councillors decide there is a conflict of interest they must then decide whether the
     subject Councillor must leave the meeting while the matter is being discussed and voted on or
     can participate in the meeting in relation to the matter including voting on the matter. If the
     Councillor must leave the place of the meeting the Councillor must not influence or attempt to
     influence the remaining Councillors to vote on the matter in a particular way
21.6 When deciding whether a Councillor may stay in a meeting and vote following the decision of
     a conflict of interest, the other Councillors must consider significant variables including, but not
     limited to:
      a)    The size or significance of the benefit the subject Councillor stands to receive or benefit;
      b)    The benefit the subject Councillor stands to receive versus the benefit the community
            stands to receive from the potential decision;
      c)    The closeness of any relationship the subject Councillor may have with a given person
            or group.
21.7 In making the decision under 21.6, it is irrelevant how the subject Councillor intended to vote
     on the issue or any other issue (if known or suspected).
21.8 If a Councillor at a meeting reasonably believes, or reasonably suspects that another
     Councillor has a real or perceived conflict of interest in a matter to be discussed at the meeting
     and has not informed the meeting about the interest, the Councillor must advise the
     Chairperson of the meeting, as soon as practicable, about their belief or suspicion, and the
     facts and circumstances that form the basis of the belief or suspicion.
21.9 The Chairperson then should ask the Councillor with the suspected conflict of interest to inform
     the meeting of any personal interest they have in the matter and follow the above procedures
     from item 21.1.


Standing Orders for Council Meetings                                                             Page 10