Planning and Development Act 2005

In this section —

a member;

a member of a committee established under Schedule 2 or the Swan Valley Planning Act 2020 section 33;

a member of a public authority;

a member of a local government;

a member of a DAP.

A member must at all times act honestly in the performance of a function.

Where a matter is before a meeting for consideration and a member participating in the meeting has a direct or indirect pecuniary interest in the matter, the member —

as soon as possible after the relevant facts have come to the member’s knowledge is to disclose that the member has such an interest to the other members participating in the meeting; and

after disclosure of the interest is not to —

be present during any consideration or discussion of the matter; or

vote on the matter.

A disclosure under subsection (3) is to be recorded in the minutes of the meeting.

A member is not to disclose any information acquired by virtue of the performance of any function unless the disclosure is made —

in connection with the carrying out of this Act or the Swan Valley Planning Act 2020 or under a legal duty; or

for the purposes of any proceedings arising out of this Act or the Swan Valley Planning Act 2020 or any report of such proceedings.

A member is not to make improper use of information acquired by virtue of the performance of any function to gain, directly or indirectly, an advantage for himself or herself or to cause detriment to the Commission or any other person.

A member who commits a breach of any provision of this section is liable for any profit made by the member or for any damage suffered by the Commission as a result of the breach of that provision.

This section is in addition to and not in derogation of any other law relating to the duty or liability of the holder of a public office.