RAIL SAFETY NATIONAL LAW (NSW) - SECT 26
Disclosure of conflict of interest
RAIL SAFETY NATIONAL LAW (NSW) - SECT 26
Disclosure of conflict of interest
26 Disclosure of conflict of interest
(1) If a member of ONRSR has a direct or indirect pecuniary or other interest
that conflicts or may conflict with the exercise of the member's functions as
a member, the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the member's interest
and the conflict to--
(a) for the Regulator--the responsible Ministers; or
(b) for a non-executive member--the Regulator.
(2) If a disclosure is made
under subsection (1), the entity to whom the disclosure is made must notify
ONRSR of the disclosure.
(3) Particulars of any disclosure made under
subsection (1) must be recorded by ONRSR in a register of interests kept for
the purpose.
(4) After a member of ONRSR has disclosed the nature of an
interest and conflict or potential conflict under subsection (1), the member
must not be present during any deliberation of ONRSR with respect to any
matter that is, or may be, affected by the conflict, or take part in any
decision of ONRSR with respect to any matter that is, or may be, affected by
the conflict, unless--
(a) for the Regulator, the responsible Ministers
otherwise decide; or
(b) for a non-executive member, ONRSR otherwise decides.
(5) For the purposes of the making of a decision by ONRSR under subsection (4)
in relation to a matter, a member of ONRSR who has a direct or indirect
pecuniary or other interest that conflicts or may conflict with the exercise
of the member's functions as a member with respect to the matter must not--
(a) be present during any deliberation of ONRSR for the purpose of making the
decision; or
(b) take part in the making of the decision by ONRSR.
(6) A
contravention of this section does not invalidate any decision of ONRSR but if
ONRSR becomes aware a member of ONRSR contravened this section, ONRSR must
reconsider any decision made by ONRSR in which the member took part in
contravention of this section.
