Public Trustee Act 1978

This section applies if—

a board member has a direct or indirect financial or other interest in a matter being considered, or about to be considered, at a board meeting; and

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

As soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the interest at a board meeting.

Particulars of the disclosure must be recorded by the board in a register of interests kept for the purpose.

Unless the board directs otherwise, the board member must not—

be present when the board considers the matter; or

take part in a decision of the board about the matter.

The board member must not be present when the board is considering whether to give a direction under subsection (4).

A contravention of this section does not invalidate a decision of the board.

However, the board must reconsider a decision it has made about a matter if the board becomes aware that—

a board member contravened subsection (4)(a) in relation to the board’s consideration of the matter before the board made the decision; or

a board member contravened subsection (4)(b) in relation to the decision.