Legal Profession Act 2007

This section applies to a council member (the interested member) if—

the member has a personal interest, or a direct or indirect financial interest, in an issue being considered, or about to be considered, by the council; and

the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.

After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a council meeting.

Unless the council otherwise directs, the interested member must not—

be present when the council considers the issue; or

take part in a decision of the council about the issue.

The interested member must not be present when the council is considering whether to give a direction under subsection (3).

If there is another council member who must, under subsection (2), also disclose an interest in the issue, the other council member must not—

be present when the council is considering whether to give a direction under subsection (3) about the interested member; or

take part in making the decision about giving the direction.

If—

because of this section, a council member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and

there would be a quorum if the council member were present;

A disclosure under subsection (2) must be recorded in the minutes of the council meeting.