Part 19DISCLOSURE OF MEMBERS’ FINANCIAL INTERESTS

PART 19—DISCLOSURE OF MEMBERS’ FINANCIAL INTERESTS 19.1 Interpretation In this clause the term member refers to either a Council member or a member of a committee. 19.2 Obligation to Disclose a Financial Interest (1) Any member who has an interest within the meaning of clause 5.60 but subject to clause 5.63 of the Act (“interest”) in a matter to be discussed at any meeting that will be attended by the member must disclose the nature of the interest. (2) The member must disclose the interest at the meeting immediately before the matter is discussed, or if there is no discussion, immediately before the matter is voted upon. (3) The obligation to disclose an interest at a meeting immediately before discussion of the matter does not apply to a member who has disclosed the member’s interest by written notice in accordance with clause 5.66 of the Act, nor to a member who has an interest in any matter raised during public question time, except if a question is directed to that member, in which case another member or employee present not having an interest pursuant to these Local Laws, is allowed to respond to the question. (4) Where a member has provided written notice of an interest pursuant to clause (3), the presiding member at the meeting is to bring the notice and its contents to the attention of persons present immediately before the relative disclosure matters are discussed. (5) If a member has an interest in a matter raised otherwise without notice, the member must disclose that interest at the earliest possible time after the matter is raised, but in any event before discussion or voting on the matter takes place. (6) The obligation to disclose an interest shall apply to all members present at the meeting including a member attending a committee meeting in the capacity of an observer. (7) The obligation to disclose an interest applies in regard to each meeting at which the matter the subject of the interest arises. 19.3 Details of Financial Interest (1) At the time of disclosing an interest, a member is required to disclose the nature of the interest, but is not required to state the extent of the interest including its value and amount, unless the member wishes the meeting to consider and resolve upon the question whether the member— (a) should be allowed to be present during any discussion or decision-making procedure relating to the matter; or (b) may be allowed to participate in discussions and the decision-making procedures relating to the matter, in which case the member shall comply with clause (2) hereof. (2) If a member wishes the meeting to consider and resolve upon the questions referred to in either (a) or (b) of clause (1) of this clause the member shall first disclose to the meeting the nature and extent of the interest, including its value and amount, in sufficient detail to enable the meeting to make a fair and informed decision on the question. (3) If a member wishes the Council or the CEO to apply to the Minister under clause 5.69 of the Act the member shall provide to the Council or the CEO as the case may be the same details of the nature and extent of the member’s interest as referred to in clause (2). 19.4 Disclosing Member Not to Participate In Meeting (1) A member who makes a disclosure under clause 19.2 must not— (a) preside at the part of the meeting relating to the matter; or (b) participate in, or be present during, any discussion or decision-making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so by resolution of the Council under clause 19.6 hereof, or by the Minister under clause 5.69 of the Act. (2) A member who has disclosed an interest in a matter and who has not been permitted by resolution of the meeting or by the Minister under clause 5.69 of the Act to participate in the discussion or decision-making procedures relating to the matter, shall depart from and remain absent from the chamber or room where the meeting is held while the matter is under consideration and until a vote on the matter has been taken. (3) If it is resolved at a meeting that a member who has disclosed an interest in a matter be permitted to participate in the discussion or decision-making procedures on the matter or both, then the member may return and participate to the extent permitted. (4) Where a member has disclosed an interest in a matter and has departed from the chamber or room, the meeting may resolve to invite the member to return to provide information in respect of the matter or in respect of the member’s interest in the matter, but in such case the member must withdraw after providing the information requested. 19.5 Substitution of Deputy at Committee Where a member withdraws from a meeting of a committee in respect of a matter under consideration by that committee in accordance with the provisions of this clause, another member present at the meeting who is a deputy of the excluded member for that committee is entitled to participate as a member of the committee in the absence of the excluded member.