Meaning of specific conflict of interest
27 Meaning of specific conflict of interest
A person has a specific conflict of interest in a matter if any of the following persons would gain a benefit or suffer a loss (whether directly or indirectly and whether of a financial or non‑financial nature) depending on the outcome of the consideration of the matter—
the person;
a family member of the person;
a body corporate of which the person, or the person's spouse or domestic partner, is a director or member of the governing body;
a partner in a partnership of which the person is a partner;
an employer (other than a public sector body) of the person;
a person for whom the person acts as a consultant, contractor or agent;
a beneficiary under a trust or an object of a discretionary trust of which the person is a trustee;
a member of a prescribed class of persons.
A person (first person) also has a specific conflict of interest in a matter if the first person has received one or more gifts with a total value of, or more than, the threshold amount, from any of the following persons in the 5 years preceding the consideration of the matter—
a person who would gain a benefit or suffer a loss, whether directly or indirectly and whether of a financial or non-financial nature (a relevant interest), depending on the outcome of the consideration of the matter;
a director, consultant, contractor or agent (or the director's, consultant's, contractor's or agent's employees) of a person that the first person knows has a relevant interest in the matter;
a person who gives the gift to the first person on behalf of a person who has a relevant interest in the matter.
For the purposes of subsection (2), the threshold amount is $500 or a higher prescribed amount.
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