Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 10A, 11A, 13]
[Heading inserted by No. 8 of 2005
s. 23.]
[Heading inserted by No. 8 of 2005
s. 23.]
(1) Each
member —
(a) must
at all times act honestly in the performance of the functions of a member,
whether within or outside the State;
(b) must
at all times exercise the degree of care and diligence in the performance of
the functions of a member, whether within or outside the State, that a
reasonable person in that position would reasonably be expected to exercise in
the Council’s circumstances;
(c) must
at all times act in the best interests of the University and give precedence
to the interests of the University over the interests of any person appointing
or electing a member;
(d) must
not, whether within or outside the State, make improper use of information
acquired by virtue of the position of member to gain, directly or indirectly,
an advantage for any person or to cause detriment to the University;
(e) must
not, whether within or outside the State, make improper use of the position of
member to gain, directly or indirectly, an advantage for any person or to
cause detriment to the University.
(2) Nothing in
subclause (1) or section 11A or 13 affects —
(a) any
other duty a member may have under any other law; or
(b) the
operation of any other law in relation to such a duty.
[Clause 1 inserted by No. 8
of 2005 s. 23.]
Division 2 — Disclosure of interests
[Heading inserted by No. 8 of 2005
s. 23.]
(1) A member who has a material personal
interest in a matter being considered or about to be considered by the Council
must, as soon as possible after the relevant facts have come to the
member’s knowledge, disclose the nature and extent of the interest at a
meeting of the Council.
(2) A disclosure under
subclause (1) is to be recorded in the minutes of the meeting.
[Clause 2 inserted by No. 8 of 2005
s. 23.]
3 . Voting by interested members
A member who has a material personal
interest in a matter that is being considered by the Council —
(a) must
not vote whether at a meeting or otherwise —
(i)
on the matter; or
(ii)
on a proposed resolution under clause 4 in respect
of the matter, whether relating to that member or a different member;
and
(b) must
not be present while —
(i)
the matter; or
(ii)
a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at
a meeting.
[Clause 3 inserted by No. 8 of 2005
s. 23.]
4 . Clause 3 may be declared inapplicable
Clause 3 does not
apply if the Council has at any time passed a resolution
that —
(a)
specifies the member, the interest and the matter; and
(b)
states that the members voting for the resolution are satisfied that the
interest should not disqualify the member from considering or voting on the
matter.
[Clause 4 inserted by No. 8 of 2005
s. 23.]
5 . Quorum where clause 3 applies
Despite
section 14(1), if a member is disqualified under clause 3 in
relation to a matter, a quorum is present during the consideration of the
matter if at least 8 members are present who are entitled to vote on any
motion that may be moved at the meeting in relation to the matter.
[Clause 5 inserted by No. 8 of 2005
s. 23.]
6 . Minister may declare clauses 3 and 5
inapplicable
(1) The Minister may,
on the application of a member, by writing declare that clause 3
or 5 or both of them do not apply in relation to a specified matter
either generally or in voting on particular resolutions.
(2) The Minister must
cause a copy of a declaration made under subclause (1) to be laid before
each House of Parliament within 14 sitting days of that House after the
declaration is made.
[Clause 6 inserted by No. 8 of 2005
s. 23.]