What is a conflict of interest
150EF What is a conflict of interest
A conflict of interest is a conflict between a councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest that might lead to a decision that is contrary to the public interest.
However, a councillor does not have a conflict of interest in a matter if—
the conflict of interest arises solely because—
the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or
the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or
the councillor, or a related party of the councillor, is a member of a political party; or
the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or
the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or
the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity during a financial year, if the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 in the financial year; or
the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than an associate, of the councillor; or
the conflict of interest arises solely because—
the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or
the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or
the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.
Also, a councillor has a conflict of interest in a matter in relation to a related party only if the councillor knows, or ought reasonably to know, about the related party’s involvement in the matter.
In this section—
patron, of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative.
sponsored travel or accommodation benefit, received by a person, means travel or accommodation undertaken or used by the person, other than employment-related or upgraded travel or accommodation under section 150ED(4), if—
another entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and
the other entity is not the person’s spouse, other family member or friend.
This Act’s bill:Explanatory memorandumSecond reading speech
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