Register of Interests - Elected Members

Elected Members are required to disclose their interests by completing a primary return after being elected and an ordinary return every year thereafter.

The information submitted in the primary and ordinary returns is required to be entered into a Register of Interests and must contain all information pursuant to this Section 68 and Schedule 3 of the Local Government Act 1999 (the Act). However, residential addresses, or any other address suppressed under section 68(4)(a) of the Act, is not published.

An Elected Member Register of Interest is maintained and published in accordance with Section 68(1) and 70(a1) of the Act respectively, and the Member declarations are included in the Elected Member Register of Interest.

Council Member Conflict of Interest Register

For the purposes of Subdivision 4 – Conflict of Interest under the Local Government Act 1999 (the Act):

Section 74 provides that a member of a council has a general conflict of interest in a matter to be discussed at a meeting of the council if an impartial, fair-minded person might consider that the member's private interests might result in the member acting in a manner that is contrary to their public duty; and

Section 75 provides that a member of a council has a material conflict of interest in a matter to be discussed at a meeting of the council if any of the following persons would gain a benefit, or suffer a loss, (whether directly or indirectly and whether of a personal or pecuniary nature) depending on the outcome of the consideration of the matter at the meeting:

• the member;
• a relative of the member;
• a body corporate of which the member is a director or a member of the governing body;
• a proprietary company in which the member is a shareholder;
• a family company of the member (within the meaning of Schedule 3);
• a family trust of the member (within the meaning of Schedule 3);
• a beneficiary under a trust or an object of a discretionary trust of which the member is a trustee;
• a partner of the member;
• the employer or an employee of the member;
• a person with whom the member has entered into, is seeking to enter into, or is otherwise involved in a negotiation or tendering process in connection with entering into, an agreement for the provision of professional or other services for which the member would be entitled to receive a fee, commission or other reward;
• a person or body from whom the member has received a designated gift;
• a person of a prescribed class.

If a Council Member discloses a material, or general conflict of interest in a matter to be discussed at a meeting of the Council, the following details must be recorded in the minutes of the meeting and on a website determined by the Chief Executive Officer:

• the Member’s name
• the nature of the interest, as described by the Member
• in the case of a material conflict of interest:
  • if the Member took part in the meeting under an approval under subsection 74(3), the fact that the Member took part in the meeting
• in the case of a general conflict of interest:
  • the manner in which the Member dealt with the general conflict of interest
  • if the Member voted on the matter, the manner in which the member voted
  • the manner in which the majority of persons who were entitled to vote at the meeting voted on the matter

In addition to recording the necessary details in the minutes of the relevant meeting, details are entered into the Elected Member Disclosure of Conflict of Interest Register.

Elected Member Allowances and Benefits Register

Pursuant to Section 76 of the Local Government Act 1999, a member of a Council is entitled to the allowance determined by the Remuneration Tribunal in relation to the member's office and indexed in accordance with this section.

Section 79 of the Local Government Act 1999 provides that the Chief Executive Officer must ensure that a record is kept in which is entered, in accordance with principles prescribed in the regulations, in respect of each member of the Council -

• (a) the annual allowance payable to the member; and
• (b) details of any expenses reimbursed by the Council under Section 11(2)b); and
• (c) details of other benefits paid or payable to, or provided for the benefit of the member of the council.

Council has adopted Council Members Allowances and Benefits Policy in regard to Section 77(1)(b) and this Policy is available on Council's Website.

the Elected Members Allowance and Benefits Register is provided, pursuant to Section 132  Schedule 5 of the Local Government Act 1999.