Disclosure of pecuniary interests(cf previous Sch 3, cl 11; Sch 4, cl 12)
27 Disclosure of pecuniary interests(cf previous Sch 3, cl 11; Sch 4, cl 12)
If—
a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the planning body, and
the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the planning body.
A member has a pecuniary interest in a matter if the pecuniary interest is the interest of—
the member, or
the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or
a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2)(b) or (c)—
if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or
just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or
just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.
A disclosure by a member at a meeting of the planning body that the member, or a spouse, de facto partner, relative, partner or employer of the member—
is a member, or is in the employment, of a specified company or other body, or
is a partner, or is in the employment, of a specified person, or
has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
Particulars of any disclosure made under this clause must be recorded by the planning body and that record must be open at all reasonable hours to inspection by any person on payment of the fee determined by the planning body.
After a member has disclosed the nature of an interest in any matter, the member must not—
be present during any deliberation of the planning body with respect to the matter, or
take part in any decision of the planning body with respect to the matter.
For the purposes of the making of a determination by the planning body under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—
be present during any deliberation of the planning body for the purpose of making the determination, or
take part in the making by the planning body of the determination.
A contravention of this clause does not invalidate any decision of the planning body.
This clause extends to a council nominee of a Sydney district or regional planning panel, and the provisions of Part 2 (Duties of disclosure) of Chapter 14 of the Local Government Act 1993 do not apply to any such nominee when exercising functions as a member of the panel.
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