LEGAL PROFESSION ACT 2007 - SECT 695
Disclosure of interest
LEGAL PROFESSION ACT 2007 - SECT 695
Disclosure of interest
695 Disclosure of interest
(1) This section applies to a council member (the
"interested member" ) if—
(a) the member has a personal interest, or a
direct or indirect financial interest, in an issue being considered, or about
to be considered, by the council; and
(b) the interest could conflict with
the proper performance of the member’s duties about the consideration of the
issue.
(2) After the relevant facts come to the interested member’s
knowledge, the member must disclose the nature of the interest to a council
meeting.
(3) Unless the council otherwise directs, the interested member must
not—
(a) be present when the council considers the issue; or
(b) take part
in a decision of the council about the issue.
(4) The interested member must
not be present when the council is considering whether to give a direction
under subsection (3) .
(5) If there is another council member who must, under
subsection (2) , also disclose an interest in the issue, the other council
member must not—
(a) be present when the council is considering whether to
give a direction under subsection (3) about the interested member; or
(b)
take part in making the decision about giving the direction.
(6) If—
(a)
because of this section, a council member is not present at a council 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 council member were present;
the remaining council members present are a
quorum of the council for considering or deciding the issue, or for
considering or deciding whether to give the direction, at the council meeting.
(7) A disclosure under subsection (2) must be recorded in the minutes of the
council meeting.