Victorian Planning Authority Act 2017

A person who has a specific conflict of interest or general conflict of interest in a matter and who has been delegated a function, duty or power of the Authority or the chief executive officer under this Act or under any other enactment must not perform the function or duty or exercise the power in relation to the matter.

A person authorised to act for and on behalf of the Authority in relation to a matter must not act in relation to the matter if the person has a specific conflict of interest or general conflict of interest in the matter.

A person who has a specific conflict of interest or general conflict of interest in a matter in respect of which the person has a delegated function, duty or power of the Authority or the chief executive officer under this Act or under any other enactment, must disclose the conflict of interest in accordance with subsection (5).

A person authorised to act for and on behalf of the Authority in relation to a matter, and who has a specific conflict of interest or general conflict of interest in the matter, must disclose the conflict of interest in accordance with subsection (5).

A person must disclose the nature of the conflict of interest in writing—

if the person is a director (other than the chairperson of the board) or the chief executive officer—

to the chairperson of the board as soon as the director or chief executive officer becomes aware of the conflict of interest in the matter; and

to the board by no later than the next ordinary meeting of the board; or

if the person is the chairperson of the board—

to the chief executive officer as soon as the chairperson becomes aware of the conflict of interest in the matter; and

to the board by no later than the next ordinary meeting of the board; or

in any other case, to the chief executive officer as soon as the person becomes aware of the conflict of interest in the matter.

Subsections (1) to (4) and (5)(a) do not apply to the chief executive officer if the chief executive officer has a specific conflict of interest or general conflict of interest in a matter and the matter only relates to—

the adoption or amendment of a policy relating to the Authority's staff generally; or

a decision to delegate a function, duty or power to an employee of the Authority or a seconded staff member.

The chief executive officer must keep a record of conflicts of interest disclosed to the chief executive officer under this section.

A reference in this section to a person who has been delegated a function, duty or power includes a person who has been sub-delegated a function, duty or power.