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This is a Bill, not an Act. For current law, see the Acts databases.
LEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND ETHICAL STANDARDS) BILL 2008
Serial
12
Legislative Assembly (Members' Code of
Conduct and Ethical Standards)
Bill 2008
Mr
Henderson
A Bill for an Act to establish a Code
of Conduct and Ethical Standards for Members of the Legislative Assembly and to
provide for enforcement of the Code and related purposes
NORTHERN TERRITORY OF
AUSTRALIA
LEGISLATIVE ASSEMBLY (MEMBERS' CODE
OF CONDUCT AND ETHICAL STANDARDS) ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to establish a Code of Conduct
and Ethical Standards for Members of the Legislative Assembly and to provide for
enforcement of the Code and related purposes
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Legislative Assembly
(Members' Code of Conduct and Ethical Standards) Act 2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
In this Act:
Assembly means the Legislative
Assembly of the Northern Territory of Australia.
Code means the Code Conduct and
Ethical Standards set out in the Schedule.
member means a member of the
Assembly.
Privileges Committee means a committee
of the Assembly established as the Committee of Privileges.
Establishment of the Code
The Code is established.
(1) The Assembly may refer an alleged breach of the
Code to the Privileges Committee to inquire into and report on the alleged
breach.
(2) If the Privileges Committee finds the breach
established, the Assembly may punish the breach as a
contempt.
Schedule Code of Conduct and Ethical
Standards
section 4
Part 1 Introduction
The Code of Conduct and Ethical Standards is
established under section 4 of the Legislative Assembly (Members’ Code
of Conduct and Ethical Standards) Act.
The Code establishes principles of ethical conduct,
and standards of behaviour, for members.
The principles of ethical conduct fall under 4 main
heads:
(a) integrity; and
(b) accountability; and
(c) responsibility; and
(d) the public interest.
The Code states rules and standards of conduct that
are implicit in these principles. However, the Code is not to be regarded as an
exhaustive statement of the implications of these principles and, in a situation
that is not explicitly covered by the Code, the member must use the member's own
judgment to determine an appropriate course of conduct conforming with these
principles.
Commentary
The Code is intended to be read in conjunction
with other relevant laws, the Standing Orders of the Assembly, and other
standards established by the Assembly governing the conduct of
members.
In case of conflict between the Code and the
Assembly’s Standing Orders or other Standards, the Code prevails.
The Assembly may refer an alleged breach of the Code
to the Privileges Committee, and if the Committee finds a breach established,
may punish it as a contempt of the Assembly.
Part 2 Principles, standards and
commentary
1 Integrity
Members must act with integrity in the exercise of
official functions.
Commentary
Public confidence in the integrity of
parliamentary decision-making is essential to an effective democracy. In order
to maintain that confidence, it is essential, especially in a relatively small
community, for members to avoid any suggestion that they are exploiting their
position to gain an improper personal benefit.
2 Conflict of interest
Members must avoid conflicts, or apparent conflicts,
between their private interests and their official functions.
Commentary
Members may need to divest themselves of business
interests or distance themselves from management by, for example, placing assets
in the administration of a blind trust.
Members must ensure that they do not come under
any financial obligation to individuals or organisations that are likely, or
might reasonably be considered likely, to influence a member improperly in the
performance of official functions.
3 Declaration of interests
A member must not vote in any division on a question
affecting a declarable interest unless the member has first declared the
interest to the Assembly.
A declarable interest is:
(a) an interest the member has disclosed, or is
required to disclose, under the Legislative Assembly (Disclosure of
Interests) Act (including such an interest held by a related person within
the meaning of that Act); or
(b) an interest of a company or business for which
the member acts, for remuneration, as a consultant or adviser.
The declaration must be made:
(a) if the member participates in debate on the
matter – at the beginning of the member's speech; or
(b) if the member does not participate in debate on
the matter – before, or as soon as practicable after, a vote is taken on
the question.
Commentary
Section 21(3) of the Northern Territory
(Self-Government) Act 1978 (Cth) prohibits a member of the Legislative
Assembly who is a party to, or has a direct or indirect interest in, a contract
made by or on behalf of the Territory under which goods or services are to be
supplied to the Territory from taking part in discussion of a matter, or voting
on a question, in the Legislative Assembly where the matter or question relates
directly or indirectly to that contract. The above rules operate in cases of
conflict, or possible conflict, of interest to which the statutory prohibition
is inapplicable.
4 Commitment
A member must not engage in any other employment or
business activity that involves a substantial commitment of time and
effort.
Commentary
A member's functions require a commitment of time
and effort at least equivalent to full-time employment. Substantial commitments
to other employment or business activities are incompatible with the proper
performance of the member's representative and parliamentary
duties
5 Honesty
Members must act honestly in all their official
dealings, and must take care not to mislead the Assembly or the
public.
6 Respect for confidences
A member must respect the confidentiality of
information obtained in confidence in the member's official
capacity.
A member must not make improper use of confidential
information obtained in an official capacity to gain a private
benefit.
7 Gifts
A member must not solicit or encourage a gift or
private benefit from a constituent or other person with whom the member deals in
an official capacity.
However, a member may accept an unsolicited gift or
private benefit and disclose the gift or benefit if required under the
Legislative Assembly (Disclosure of Interests) Act.
8 Government contracts
A member must not hold a direct or indirect interest
in a contract or arrangement for the provision of goods or services to or for
the Territory or an agency or instrumentality of the Territory.
9 Accountability
Members are accountable to the Assembly, their
constituents and the public generally.
Commentary
Public office is a public trust. The holders of
public office who make decisions affecting the welfare, rights or obligations of
others have an obligation to ensure they use their powers and influence lawfully
and fairly and must be prepared to demonstrate that this obligation has been
met.
The people of the Northern Territory are entitled
to know why the Assembly or a member has taken a particular policy
position.
Accountability fosters integrity and probity in
official decision-making, good governance, and the prevention and detection of
corruption. It encourages public confidence and trust.
10 Responsibility
Members must act in accordance with the principle of
responsibility.
This means members must endeavour to ensure their
decisions reflect a proper consideration of all relevant matters, including the
reasonably foreseeable consequences for those likely to be affected by their
decisions.
Members must also foster, by their conduct in
office, respect for democratic institutions, rights and freedoms and the
principles of good governance. In particular, members must foster the
following:
(a) respect for the institution of the
Parliament;
(b) respect for the Rule of Law;
(c) recognition of the value of social and cultural
diversity;
(d) fairness and integrity in official
decision-making;
(e) freedom of reporting by media;
(f) the independence of the public
service;
(g) freedom of speech;
(h) access to justice.
A member's conduct in office should be exemplary in
regard to the member's work ethic and standards of ethical
behaviour.
Members must manage, economically and responsibly,
the resources and facilities provided to them and their staff at public
expense.
Members must recognise the public service as a
non-partisan public resource, and treat public servants in accordance with
established conventions of public service neutrality.
11 Public interest
In performing official functions, members must act
in what they genuinely believe to be the public interest.
In particular, members must seek to ensure their
decisions and actions are based on an honest, reasonable, and properly informed
judgment about what will best advance the common good of the people of the
Territory.
Commentary
The public's confidence in the institutions of
government is strengthened when members demonstrate the highest standards of
professional competence, efficiency and effectiveness, uphold the laws of the
Territory, and seek to advance the common good of the people of the Territory at
all times.
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