LEGAL PROFESSION ACT 2007 - SECT 674
Disclosure of interests
LEGAL PROFESSION ACT 2007 - SECT 674
Disclosure of interests
674 Disclosure of interests
(1) This section applies to a board member (the
"interested person" ) if—
(a) the interested person has a direct or indirect
interest in an issue being considered, or about to be considered, by the
board; and
(b) the interest could conflict with the proper performance of the
person’s duties about the consideration of the issue.
(2) After the
relevant facts come to the interested person’s knowledge, the person must
disclose the nature of the interest to a board meeting.
(3) Unless the board
otherwise directs, the interested person must not—
(a) be present when the
board considers the issue; or
(b) take part in a decision of the board about
the issue.
(4) The interested person must not be present when the board is
considering whether to give a direction under subsection (3) .
(5) If there
is another person who must, under subsection (2) , also disclose an interest
in the issue, the other person must not—
(a) be present when the board is
considering whether to give a direction under subsection (3) about the
interested person; or
(b) take part in making the decision about giving the
direction.
(6) If—
(a) because of this section, a board member is not
present at a board meeting for considering or deciding an issue, or for
considering or deciding whether to give a direction under subsection (3) ; and
(b) there would be a quorum if the member were present;
the remaining persons
present are a quorum of the board for considering or deciding the issue, or
for considering or deciding whether to give the direction, at the meeting.
(7) A disclosure under subsection (2) must be recorded in the board’s
minutes.