238Disclosure of conflict of interest

238 Disclosure of conflict of interest

238 Disclosure of conflict of interest

(1) If—

(a) a member of the Board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Board; and

(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter—

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.

(2) Particulars of any disclosure made under subsection (1) must be recorded by the Board.

(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Board otherwise determines—

(a) be present during any deliberation of the Board with respect to the matter; or

(b) take part in any decision of the Board with respect to the matter; or

(c) be provided with any written material in relation to the matter.

(4) For the purposes of the making of a determination by the Board under subsection (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—

(a) be present during any deliberation of the Board for the purpose of making the determination; or

(b) take part in the making of the determination by the Board.

(5) A contravention of this section does not invalidate any decision of the Board.