{"id":"legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008","name":"Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008","slug":"legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30254,"registerId":"nt-legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND\nETHICAL STANDARDS) ACT 2008\nAs in force at 9 October 2009\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Establishment of the Code............................................................... 1\n5 Enforcement of the Code ................................................................. 1\nSchedule Code of Conduct and Ethical Standards\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 9 October 2009\n____________________\nLEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND\nETHICAL STANDARDS) ACT 2008\nAn Act to establish a Code of Conduct and Ethical Standards for\nMembers of the Legislative Assembly and to provide for enforcement of\nthe Code and related purposes\n1 Short title\nThis Act may be cited as the Legislative Assembly (Members' Code\nof Conduct and Ethical Standards) Act 2008.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nAssembly means the Legislative Assembly of the Northern\nTerritory of Australia.\nCode means the Code of Conduct and Ethical Standards set out in\nthe Schedule.\nmember means a member of the Assembly.\nPrivileges Committee means a committee of the Assembly\nestablished as the Committee of Privileges.\n4 Establishment of the Code\nThe Code is established.\n5 Enforcement of the Code\n(1) The Assembly may refer an alleged breach of the Code to the\nPrivileges Committee to inquire into and report on the alleged\nbreach.\n\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 2\n(2) If the Privileges Committee finds the breach established, the\nAssembly may punish the breach as a contempt.\n\nSchedule Code of Conduct and Ethical Standards\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 3\nSchedule Code of Conduct and Ethical Standards\nsection 4\nPart 1 Introduction\nThe Code of Conduct and Ethical Standards is established under\nsection 4 of the Legislative Assembly (Members’ Code of Conduct\nand Ethical Standards) Act 2008.\nThe Code establishes principles of ethical conduct, and standards\nof behaviour, for members.\nThe principles of ethical conduct fall under 4 main heads:\n(a) integrity; and\n(b) accountability; and\n(c) responsibility; and\n(d) the public interest.\nThe Code states rules and standards of conduct that are implicit in\nthese principles. However, the Code is not to be regarded as an\nexhaustive statement of the implications of these principles and, in\na situation that is not explicitly covered by the Code, the member\nmust use the member's own judgment to determine an appropriate\ncourse of conduct conforming with these principles.\nCommentary\nThe Code is intended to be read in conjunction with other relevant\nlaws, the Standing Orders of the Assembly, and other standards\nestablished by the Assembly governing the conduct of members.\nIn case of conflict between the Code and the Assembly’s Standing\nOrders or other Standards, the Code prevails.\nThe Assembly may refer an alleged breach of the Code to the\nPrivileges Committee, and if the Committee finds a breach\nestablished, may punish it as a contempt of the Assembly.\n\nSchedule Code of Conduct and Ethical Standards\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 4\nPart 2 Principles, standards and commentary\n1 Integrity\nMembers must act with integrity in the exercise of official functions.\nCommentary\nPublic confidence in the integrity of parliamentary decision-making\nis essential to an effective democracy. In order to maintain that\nconfidence, it is essential, especially in a relatively small\ncommunity, for members to avoid any suggestion that they are\nexploiting their position to gain an improper personal benefit.\n2 Conflict of interest\nMembers must avoid conflicts, or apparent conflicts, between their\nprivate interests and their official functions.\nCommentary\nMembers may need to divest themselves of business interests or\ndistance themselves from management by, for example, placing\nassets in the administration of a blind trust.\nMembers must ensure that they do not come under any financial\nobligation to individuals or organisations that are likely, or might\nreasonably be considered likely, to influence a member improperly\nin the performance of official functions.\n3 Declaration of interests\nA member must not vote in any division on a question affecting a\ndeclarable interest unless the member has first declared the\ninterest to the Assembly.\nA declarable interest is:\n(a) an interest the member has disclosed, or is required to\ndisclose, under the Legislative Assembly (Disclosure of\nInterests) Act 2008 (including such an interest held by a\nrelated person within the meaning of that Act); or\n(b) an interest of a company or business for which the member\nacts, for remuneration, as a consultant or adviser.\nThe declaration must be made:\n(a) if the member participates in debate on the matter – at the\nbeginning of the member's speech; or\n\nSchedule Code of Conduct and Ethical Standards\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 5\n(b) if the member does not participate in debate on the matter –\nbefore, or as soon as practicable after, a vote is taken on the\nquestion.\nCommentary\nSection 21(3) of the Northern Territory (Self-Government)\nAct 1978 (Cth) prohibits a member of the Legislative Assembly who\nis a party to, or has a direct or indirect interest in, a contract made\nby or on behalf of the Territory under which goods or services are to\nbe supplied to the Territory from taking part in discussion of a\nmatter, or voting on a question, in the Legislative Assembly where\nthe matter or question relates directly or indirectly to that contract.\nThe above rules operate in cases of conflict, or possible conflict, of\ninterest to which the statutory prohibition is inapplicable.\n4 Commitment\nA member must not engage in any other employment or business\nactivity that involves a substantial commitment of time and effort.\nCommentary\nA member's functions require a commitment of time and effort at\nleast equivalent to full-time employment. Substantial commitments\nto other employment or business activities are incompatible with the\nproper performance of the member's representative and\nparliamentary duties\n5 Honesty\nMembers must act honestly in all their official dealings, and must\ntake care not to mislead the Assembly or the public.\n6 Respect for confidences\nA member must respect the confidentiality of information obtained\nin confidence in the member's official capacity.\nA member must not make improper use of confidential information\nobtained in an official capacity to gain a private benefit.\n7 Gifts\nA member must not solicit or encourage a gift or private benefit\nfrom a constituent or other person with whom the member deals in\nan official capacity.\n\nSchedule Code of Conduct and Ethical Standards\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 6\nHowever, a member may accept an unsolicited gift or private\nbenefit and disclose the gift or benefit if required under the\nLegislative Assembly (Disclosure of Interests) Act 2008 .\n8 Government contracts\nA member must not hold a direct or indirect interest in a contract or\narrangement for the provision of goods or services to or for the\nTerritory or an agency or instrumentality of the Territory.\n9 Accountability\nMembers are accountable to the Assembly, their constituents and\nthe public generally.\nCommentary\nPublic office is a public trust. The holders of public office who make\ndecisions affecting the welfare, rights or obligations of others have\nan obligation to ensure they use their powers and influence lawfully\nand fairly and must be prepared to demonstrate that this obligation\nhas been met.\nThe people of the Northern Territory are entitled to know why the\nAssembly or a member has taken a particular policy position.\nAccountability fosters integrity and probity in official decision-\nmaking, good governance, and the prevention and detection of\ncorruption. It encourages public confidence and trust.\n10 Responsibility\nMembers must act in accordance with the principle of responsibility.\nThis means members must endeavour to ensure their decisions\nreflect a proper consideration of all relevant matters, including the\nreasonably foreseeable consequences for those likely to be\naffected by their decisions.\nMembers must also foster, by their conduct in office, respect for\ndemocratic institutions, rights and freedoms and the principles of\ngood governance. In particular, members must foster the following:\n(a) respect for the institution of the Parliament;\n(b) respect for the Rule of Law;\n(c) recognition of the value of social and cultural diversity;\n(d) fairness and integrity in official decision-making;\n\nSchedule Code of Conduct and Ethical Standards\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 7\n(e) freedom of reporting by media;\n(f) the independence of the public service;\n(g) freedom of speech;\n(h) access to justice.\nA member's conduct in office should be exemplary in regard to the\nmember's work ethic and standards of ethical behaviour.\nMembers must manage, economically and responsibly, the\nresources and facilities provided to them and their staff at public\nexpense.\nMembers must recognise the public service as a non-partisan\npublic resource, and treat public servants in accordance with\nestablished conventions of public service neutrality.\n11 Public interest\nIn performing official functions, members must act in what they\ngenuinely believe to be the public interest.\nIn particular, members must seek to ensure their decisions and\nactions are based on an honest, reasonable, and properly informed\njudgment about what will best advance the common good of the\npeople of the Territory.\nCommentary\nThe public's confidence in the institutions of government is\nstrengthened when members demonstrate the highest standards of\nprofessional competence, efficiency and effectiveness, uphold the\nlaws of the Territory, and seek to advance the common good of the\npeople of the Territory at all times.\n\nENDNOTES\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLegislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 (Act\nNo. 35, 2008)\nAssent date 8 December 2008\nCommenced 9 October 2009 (Gaz S56, 9 October 2009)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: sch.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[{"severity":"high","section_a":"Schedule, Part 2, clause 3, first paragraph","section_b":"Schedule, Part 2, clause 3, declaration timing paragraph (b)","confidence":0.99,"description":"The first paragraph provides that a member must not vote on a question affecting a declarable interest unless the member has first declared that interest. Paragraph (b) separately permits a member who does not participate in debate to make the declaration either before or as soon as practicable after the vote. The post-vote branch directly conflicts with the requirement that the declaration occur before the member votes.","source_quotes":["A member must not vote in any division on a question affecting a\ndeclarable interest unless the member has first declared the\ninterest to the Assembly.","(b) if the member does not participate in debate on the matter –\nbefore, or as soon as practicable after, a vote is taken on the\nquestion."]}]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing ethical standards for Legislative Assembly members. The scope has not expanded beyond this core function."},"complexity_factors":["Short length (8 pages including endnotes)","Only 5 operative sections in the main Act body","Minimal defined terms (only 4 definitions in section 3)","No cross-references to other legislation except incidental references to the Disclosure of Interests Act and the Self-Government Act","Straightforward conditional logic (simple 'if-then' structure in enforcement provisions)","Code of Conduct written in plain English with explanatory commentary sections","No nested exceptions or complex procedural requirements"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **Code of Conduct and Ethical Standards** for Members of the Northern Territory Legislative Assembly (MLAs). It sets out the rules of behaviour expected of elected representatives and establishes how the Assembly can enforce those rules.\n\n**Who it affects:**\n\n- **Directly:** All Members of the Northern Territory Legislative Assembly (current and future)\n- **Indirectly:** The public, who benefit from higher standards of integrity in government\n\n**The four key principles:**\n\nThe Code is built around four pillars:\n1. **Integrity** – acting honestly, avoiding conflicts of interest, not misusing confidential information\n2. **Accountability** – being answerable to the Assembly and the public for decisions and use of public resources\n3. **Responsibility** – making properly informed decisions, respecting democratic institutions, and treating public servants fairly\n4. **Public interest** – putting the common good of Territorians ahead of personal or political gain\n\n**Specific rules include:**\n\n- **Declaring interests:** Members must declare any financial interest before voting on related matters\n- **No moonlighting:** Members can't take on other jobs that require substantial time commitments\n- **No gifts:** Members can't solicit gifts or benefits from people they deal with officially (though they can accept unsolicited ones if disclosed)\n- **No government contracts:** Members can't have a stake in businesses contracting with the Territory government\n- **Respect for confidences:** Members can't use confidential information for private gain\n\n**How it's enforced:**\n\nIf someone alleges a member has broken the Code, the Assembly can refer the matter to the **Privileges Committee** (a special committee of MLAs). If the Committee finds a breach occurred, the Assembly can punish the member for **contempt** (a serious disciplinary power similar to being in contempt of court).\n\n**Why it matters:**\n\nThis law aims to maintain public trust in democracy by ensuring MLAs behave ethically, avoid corruption, and remain focused on serving the public rather than themselves. It's particularly important in the Northern Territory's \"relatively small community\" where conflicts of interest can be harder to avoid and easier to hide."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act implements a narrowly defined purpose: to establish a Code of Conduct and an internal enforcement mechanism for members of the Legislative Assembly. The text in force (as provided) does not materially expand that scope beyond the original intent. Subsequent formal interpretation amendments noted in the endnotes are procedural/formal and do not, in this version, broaden the substantive reach of the Act. The Act therefore remains focused on setting ethical principles and providing for internal parliamentary enforcement (s4–s5; Schedule)."},"complexity_factors":["Short Act: 5 substantive sections plus a single Schedule (compact structure)","Few defined terms in interpretation section (4 definitions: Assembly, Code, member, Privileges Committee) (s3)","Schedule contains 11 numbered substantive items forming the Code (Schedule Part 2, items 1–11)","Several cross-references to other statutes (Legislative Assembly (Disclosure of Interests) Act 2008; Northern Territory (Self‑Government) Act 1978) that import external rules","Enforcement is conditional on internal parliamentary procedure and discretionary referral to the Privileges Committee (s5)","Multiple open-ended, subjective terms (e.g. “public interest”, “substantial commitment”, “honestly”, “apparent conflicts”) that require judgment rather than bright‑line tests","Timing and procedural detail for declarations contains conditional logic (different timing depending on participation in debate) (Schedule Part 2, item 3)","Commentary is included alongside operative rules, which creates interpretive layering (Schedule commentary vs operative paragraphs)","Reliance on Assembly contempt powers for penalties rather than fixed statutory sanctions (s5(2)), making outcomes contingent on parliamentary processes"],"plain_english_summary":"The law creates a written Code of Conduct for members of the Northern Territory Legislative Assembly, setting integrity, conflict‑of‑interest, disclosure, outside‑employment, gifts and government‑contract rules and requiring members to declare relevant interests. Alleged breaches are referred to the Assembly’s Privileges Committee and can be punished as contempt. It affects all Assembly members, raises their compliance duties and leaves enforcement and sanctioning to internal, political processes rather than external courts or regulators."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008","history":"/api/acts/legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008/history","analysis":"/api/acts/legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008/analysis","conflicts":"/api/acts/legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008/conflicts","importantCases":"/api/acts/legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008/important-cases","documents":"/api/acts/legislative-assembly-members-code-of-conduct-and-ethical-standards-act-2008/documents"}}