Council members
Schedule 1A Council members
[s. 9B, 10AA, 12]
[Heading inserted: No. 8 of 2005 s. 12.]
Division 1 — Duties
[Heading inserted: No. 8 of 2005 s. 12.]
1. Duties
Each member —
must at all times act honestly in the performance of the functions of a member, whether within or outside the State;
must at all times exercise the degree of care and diligence in the performance of the functions of a member, whether within or outside the State, that a reasonable person in that position would reasonably be expected to exercise in the Council’s circumstances;
must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member;
must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;
must not, whether within or outside the State, make improper use of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University.
Nothing in subclause (1) or section 10AA or 12 affects —
any other duty a member may have under any other law; or
the operation of any other law in relation to such a duty.
[Clause 1 inserted: No. 8 of 2005 s. 12.]
Division 2 — Disclosure of interests
[Heading inserted: No. 8 of 2005 s. 12.]
2. Disclosure of interests
A member who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the Council.
A disclosure under subclause (1) is to be recorded in the minutes of the meeting.
[Clause 2 inserted: No. 8 of 2005 s. 12.]
3. Voting by interested members
A member who has a material personal interest in a matter that is being considered by the Council —
must not vote whether at a meeting or otherwise —
on the matter; or
on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;
and
must not be present while —
the matter; or
a proposed resolution of the kind referred to in paragraph (a)(ii),
is being considered at a meeting.
[Clause 3 inserted: No. 8 of 2005 s. 12.]
4. Clause 3 may be declared inapplicable
Clause 3 does not apply if the Council has at any time passed a resolution that —
specifies the member, the interest and the matter; and
states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
[Clause 4 inserted: No. 8 of 2005 s. 12.]
[5. Deleted: No. 32 of 2016 s. 45.]
6. Minister may declare clause 3 inapplicable
The Minister may, on the application of a member, by writing declare that clause 3 does not apply in relation to a specified matter either generally or in voting on particular resolutions.
The Minister must cause a copy of a declaration made under subclause (1) to be laid before each House of Parliament within 14 sitting days of that House after the declaration is made.
[Clause 6 inserted: No. 8 of 2005 s. 12; amended: No. 32 of 2016 s. 46.]
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