New South Wales regulation

Constitution (Disclosures by Members) Regulation 2026

In ForceNSW

Jurisdiction

New South Wales

Act Number

110 of 2026

Collection

regulation

Plain English Summary

6/10 complexity

Creates a routine disclosure system requiring Members to lodge interest disclosure returns after elections, on material change, and annually; returns cover property, trusts, corporate interests, debts, income, gifts, travel, dispositions and water licences. The Clerk must keep an electronic register with a public part and a confidential part (tenanted addresses), publish the public part, and make confidential material available to committees and authorised officials. Members must update returns; contraventions attract no criminal or civil liability except as provided by the Act (section 14A).

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What it does

This regulation sets out the detailed disclosure regime that Members of the New South Wales Parliament must follow for pecuniary interests and related matters. It prescribes the timing and content of initial and subsequent interest disclosure returns (s 5-6), an annual declaration certifying the register as at 30 June (s 7), the specific categories of interests and the information required for each category (Part 3, ss 8-19), and the form and publication rules for registers maintained by the Clerks of each House (Part 4, ss 20-24 and Schedules 1-2). It commences on 1 September 2026 (s 2), repeals the 1983 Regulation (s 26) and preserves existing effects with transitional rules requiring each Member to lodge an interest disclosure return on or before 30 September 2026 (s 27).

Mechanically, the regulation requires: a first interest disclosure return within one month of the House first assembling after a general election for newly elected Members (or within one month of taking the pledge/oath where applicable) (s 5); further returns within one month where disclosed matters change, new matters arise, or mistakes are discovered (s 6); and an annual declaration within one month after 30 June (s 7). The regulation divides the register into a publicly available part (Part A) and a confidential part (Part B) for addresses of tenanted real property (s 21). The publicly available part must be published in a searchable form on the Parliament’s website (s 22). The Clerk must keep registers electronically and update them as soon as practicable after lodgement (s 21(2)-(3)).

The regulation specifies thresholds and exemptions: income and gifts only need disclosure above $500 per financial year (s 14(1), s 15(2)), contributions to travel above $250 (s 16(2)), and debts above $500 subject to aggregation rules and specific exemptions (s 13(2)-(3)). It also includes confidentiality carve-outs and a defined list of persons and bodies that may access the confidential part (s 23). The instrument clarifies that contraventions do not attract criminal or civil liability except to the extent provided by the Constitution Act 1902, s 14A (s 25), thereby linking enforcement and sanctions to the Act rather than providing them within the regulation.

Current sections

Direct links to the current provisions in Constitution (Disclosures by Members) Regulation 2026.

Part 1

Preliminary

Part 1 Preliminary

Name of regulation

1 Name of regulation

This regulation is the Constitution (Disclosures by Members) Regulation 2026.

Commencement

2 Commencement

This regulation commences on 1 September 2026.

Definitions

3 Definitions

The dictionary in Schedule 3 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Forms

4 Forms

(1) A form may be lodged electronically in a way approved by the following—

(a) the Clerk,

(b) the appropriate parliamentary committee.

(2) A relevant portion of a form, required to be completed by a Member under this regulation, must be completed in accordance with the following directions and guidelines that are consistent with this regulation—

(a) directions specified in the form,

(b) guidelines issued or approved from time to time by the appropriate parliamentary committee for the Member, if any.

Part 2

Lodgement of interest disclosure returns and annual declarations

Part 2 Lodgement of interest disclosure returns and annual declarations

First interest disclosure returns

5 First interest disclosure returns

(1) A Member, other than a re-elected Member, must, within one month after the date on which the Houses of Parliament first assemble after each general election (the first assembly date), lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.

(2) A Member who was not a Member at the first assembly date must, within one month after the date on which the Member takes the pledge of loyalty or oath of allegiance required by the Act, section 12, lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.

Further interest disclosure returns

6 Further interest disclosure returns

(1) A Member must, within one month, lodge a further interest disclosure return with the Clerk if—

(a) a matter disclosed or required to be disclosed by Part 3 changes, or

(b) a matter required to be disclosed by Part 3 arises, or

(c) the Member becomes aware of a mistake in an interest disclosure return lodged by the Member.

(2) A Member must complete only the part of the interest disclosure return that relates to the matter or mistake when the Member lodges a further interest disclosure return under subsection (1) about a matter or mistake.

(3) A Member may also lodge an interest disclosure return with the Clerk if the Member wishes to make a disclosure about a matter under Part 3, Division 3.

Annual declarations

7 Annual declarations

(1) A Member must, within one month after each 30 June, lodge an annual declaration with the Clerk stating that the register as at 30 June, to the best of the Member’s knowledge—

(a) accurately compiles the information lodged in the Member’s interest disclosure returns, and

(b) contains all the information required to be disclosed by the Member under this regulation.

(2) Subsection (1) does not apply if the Member lodged the Member’s first interest disclosure return under section 5 in the 6 months before 30 June in the same year.

Part 3

Interests and other matters to be disclosed

Part 3 Interests and other matters to be disclosed

Division 1

Preliminary

Division 1 Preliminary

Interpretation

8 Interpretation

(1) A reference in this part to a disclosure about real property, income, a corporation or another thing includes a reference to a disclosure about real property situated, income derived, a corporation incorporated or another thing arising or received outside New South Wales.

(2) For this part, gifts or contributions to travel given, loans made or goods or services supplied to a Member by 2 or more corporations that are, for the Corporations Act 2001 of the Commonwealth, section 50, related to each other are taken to have been given, made or supplied by a single corporation.

(3) A reference in this part to a description that is reasonably sufficient to identify a matter is a reference to a description that would enable a reasonable person to identify the nature or kind of matter.

Division 2

General disclosures

Division 2 General disclosures

Real property

9 Real property

(1) A Member must disclose—

(a) the address of each parcel of real property in which the Member has an interest, and

(b) the nature of the interest in the parcel of real property.

(2) Despite subsection (1)(a), a Member may disclose the following information about a parcel of real property in which the Member has an interest as an alternative to disclosing the address of the parcel if the parcel is used by the Member or a relative of the Member for residential purposes—

(a) a statement that the parcel is, for the Member or relative of the Member—

(i) the principal place of residence, or

(ii) a secondary place of residence,

(b) the location of the parcel by suburb or area.

(3) Despite subsection (1)(a), if a parcel of real property in which a Member has an interest is tenanted real property, the Member may, as an alternative to publicly disclosing the address of the parcel, disclose—

(a) in Part A of an interest disclosure return—

(i) a statement that the parcel is tenanted real property, and

(ii) the location of the parcel by suburb or area, and

(b) in Part B of an interest disclosure return—the address of the parcel.

(4) An interest in a parcel of real property is not required to be disclosed by a Member if—

(a) the Member—

(i) has the interest only in the Member’s capacity as the executor or administrator of the estate of a deceased person, and

(ii) is not a beneficiary under the will or intestacy, or

(b) the Member—

(i) has the interest only in the Member’s capacity as a trustee, and

(ii) acquired the interest in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member, or

(c) the interest in the parcel of real property is disclosed under section 10.

Trusts

10 Trusts

(1) A Member must disclose a trust if the Member—

(a) has a beneficial interest in the trust, including a mere expectancy as a beneficiary of a discretionary trust, or

(b) is a trustee of the trust.

(2) The following information must be disclosed about the trust—

(a) the name of the trust,

(b) a description of the activities of the trust,

(c) the nature of the interest the Member has in the trust,

(d) the interests held by the trust, including interests in real property and investments.

(3) A trust is not required to be disclosed by a Member under subsection (1)(b) if the Member is trustee—

(a) as the executor or administrator of the estate of a deceased person and the Member is not a beneficiary under the will or intestacy, or

(b) in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member.

(4) To avoid doubt—

(a) trusts that are superannuation funds, whether public or self-managed, and listed investment trusts must be disclosed under this section, but

(b) for a public superannuation fund where the Member has not elected to invest the interest in particular assets or classes of assets—the Member is not required to disclose a description of the activities of the trust under subsection (2)(b) or the interests held by the trust under subsection (2)(d).

(5) Despite subsection (2)(d), a Member may give the following information about a parcel of real property in which a trust has an interest as an alternative to disclosing the address of the parcel if the parcel is used by the Member or a relative of the Member for residential purposes—

(a) a statement that the parcel is, for the Member or relative of the Member—

(i) the principal place of residence, or

(ii) a secondary place of residence,

(b) the location of the parcel by suburb or area.

(6) Despite subsection (2)(d), if a parcel of real property in which a trust has an interest is tenanted real property, the Member may, as an alternative to publicly disclosing the address of the parcel, disclose—

(a) in Part A of an interest disclosure return—

(i) a statement that the parcel is tenanted real property, and

(ii) the location of the parcel by suburb or area, and

(b) in Part B of an interest disclosure return—the address of the parcel.

Interests and positions in corporations

11 Interests and positions in corporations

(1) A Member must disclose the following—

(a) the name and address of each corporation in which the Member has an interest or holds a position, whether remunerated or not,

(b) the nature of the interest, or a description of the position held, in each named corporation,

(c) except for a listed corporation—a description of the principal objects of each named corporation.

(2) An interest, or position held, in a corporation is not required to be disclosed by a Member if the corporation is—

(a) formed to provide recreation or amusement, to promote commerce, industry, art, science, religion or charity or for another community purpose, and

(b) required to apply its profits, if any, or other income in promoting its objects, and

(c) prohibited from paying dividends to its members.

(3) A Member is not required to disclose a matter the Member would otherwise be required to disclose under this section if the Member has already made a disclosure about the matter when making a disclosure for section 14.

Positions in trade unions and professional or business associations

12 Positions in trade unions and professional or business associations

A Member must disclose—

(a) the name of each trade union and each professional or business association in which the Member holds a position, whether remunerated or not, and

(b) a description of the position held in each named union or association.

Debts

13 Debts

(1) A Member must disclose the name and address of each person to whom the Member is liable to pay a debt.

(2) A liability to pay a debt must be disclosed by a Member whether or not the amount to be paid, or a part of the amount to be paid, is immediately due and payable or is due and payable at another time.

(3) A liability to pay a debt is not required to be disclosed by a Member if—

(a) the amount to be paid is not greater than $500 during the parliamentary term, unless—

(i) the debt is one of 2 or more debts the Member is liable to pay to one person, and

(ii) the amounts to be paid are greater than $500 in total, or

(b) the Member is liable to pay the debt to a relative, or

(c) for a debt arising from a loan of money—the Member is liable to pay the debt to a bank, building society, credit union or other person whose ordinary business includes lending money and the loan was made in the ordinary course of business of the lender, or

(d) for a debt arising from the supply of goods or services—

(i) the period since the goods or services were supplied is not greater than 12 months, or

(ii) the goods or services were supplied in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member.

Sources of income

14 Sources of income

(1) A Member must disclose the following sources of income greater than $500 in a financial year—

(a) each source of income received by the Member in the period since the last general election,

(b) each source of income the Member reasonably expects to receive during the remainder of the parliamentary term.

(2) In subsection (1), a reference to each source of income is a reference to—

(a) for income from being an employee of another person, including an employee of a corporation—

(i) the name of the occupation in which the Member is engaged, and

(ii) a description that is reasonably sufficient to identify the kinds of services provided, or to be provided, for the income, and

(iii) the name and address of the Member’s employer, and

(b) for income from being the holder of another office, including the holder of an office in a corporation or other body—

(i) the name or title of the office held by the Member, and

(ii) a description that is reasonably sufficient to identify the kinds of services provided, or to be provided, for the income, and

(iii) for an office held in a corporation or other body—the name and address of the corporation or body, and

(c) for income from a partnership the Member has entered into with other persons—

(i) the name of the occupation, if any, in which the Member is engaged, and

(ii) a description that is reasonably sufficient to identify the kinds of services provided, or to be provided, for the income, and

(iii) the name, if any, under which, and the address from which, the partnership is conducted, and

(d) for income for a service provided under another kind of contract, agreement or arrangement—

(i) the name of the occupation, if any, in which the Member is engaged, and

(ii) a description that is reasonably sufficient to identify the service provided, and

(iii) the name and address of the person from whom the income was or is reasonably expected to be received, and

(e) for income from a trust—the name and address of the settlor and the trustee, and

(f) for other income—a description that is reasonably sufficient to identify the person from whom, or the circumstances in which, the income was or is reasonably expected to be received.

(3) Without limiting subsection (2), a disclosure required by subsection (1) must include a description that is reasonably sufficient to identify the business carried on by the employer, body or other party to the contract or agreement if—

(a) the source of income was or is reasonably expected to be received—

(i) from the Member’s employer, including if the employer is a corporation, or

(ii) for an office held by the Member in a body, including if the body is a corporation, or

(iii) under a contract or another agreement, and

(b) in relation to a Member—the Member knows the source of income was or is reasonably expected to be received for the provision by the Member of a service involving the use of the Member’s parliamentary position.

Gifts

15 Gifts

(1) A Member must disclose—

(a) a description of each gift received by the Member, and

(b) the name and address of the donor of each gift.

(2) A gift received by a Member is not required to be disclosed if—

(a) the amount of the gift was not greater than $500, unless—

(i) the gift was one of 2 or more gifts made by one person during a 12-month period, and

(ii) the amount of the gifts was greater than $500 in total, or

(b) the gift was a political contribution disclosed, or required to be disclosed, under the Electoral Funding Act 2018, Part 3, or

(c) the donor was a relative of the Member.

(3) For this section, the amount of a gift comprising property other than money is an amount equal to the value of the property.

Contributions to travel

16 Contributions to travel

(1) A Member must disclose—

(a) the name and address of each person who made a financial or other contribution to travel undertaken by the Member during the parliamentary term, and

(b) the dates on which the travel was undertaken, and

(c) the name of each State, Territory and foreign country in which the travel was undertaken.

(2) A financial or other contribution to travel undertaken by a Member is not required to be disclosed if—

(a) the contribution was made from public funds, including a contribution arising from travel on free passes issued under an Act or from travel in government vehicles, or

(b) the contribution was made by a relative of the Member, or

(c) the contribution was made in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member, or

(d) the amount of the contribution was not greater than $250, unless—

(i) the contribution was one of 2 or more contributions made by one person during a 12-month period, and

(ii) the amount of the contributions was greater than $250 in total, or

(e) the contribution was a political contribution disclosed, or required to be disclosed, under the Electoral Funding Act 2018, Part 3, or

(f) the contribution was made by a political party of which the Member was a member and the travel was undertaken—

(i) for the political activity of the party in New South Wales, or

(ii) to enable the Member to represent the party in Australia.

(3) For this section, the amount of a contribution, other than a financial contribution, is an amount equal to the value of the contribution.

Dispositions of certain interests

17 Dispositions of certain interests

(1) A Member must disclose particulars of each disposition of a relevant interest by the Member if the Member kept, wholly or in part—

(a) the use and benefit of the interest, or

(b) the right to reacquire the interest at a later time.

(2) A Member must disclose particulars of each disposition of property by another person under arrangements made by the Member if the Member kept, wholly or in part, the use and benefit of the property.

(3) In this section—

relevant interest, in relation to a Member, means an interest of the Member that would, but for the disposition of the interest by the Member, be required to be disclosed under this regulation.

Water access licences

18 Water access licences

(1) A Member must disclose—

(a) the water access licence number of each water access licence in which the Member has an interest, and

(b) the nature of the interest in the water access licence.

(2) A disclosure is not required if—

(a) the Member—

(i) has the interest in the water access licence only in the Member’s capacity as the executor or administrator of the estate of a deceased person, and

(ii) is not a beneficiary under the will or intestacy, or

(b) the interest in the water access licence is disclosed under section 11.

Division 3

Discretionary disclosures

Division 3 Discretionary disclosures

Discretionary disclosures generally

19 Discretionary disclosures generally

A Member may, at the Member’s discretion, disclose in an interest disclosure return a direct or indirect benefit, advantage, liability or other matter, whether pecuniary or not, that—

(a) is not required to be disclosed by another provision of this part, and

(b) the Member—

(i) considers might appear to raise a conflict between the Member’s private interest and the Member’s public duty as a Member, or

(ii) otherwise wishes to disclose.

Part 4

Tabling and registers of disclosures

Part 4 Tabling and registers of disclosures

Registers of disclosures by Members

20 Registers of disclosures by Members

The Clerk of each House of Parliament must keep a register of the disclosures made by Members of the House under Part 2.

Form of registers

21 Form of registers

(1) A register must be kept in 2 parts, being—

(a) a part (the publicly available part) containing disclosures relating to Members made in Part A of an interest disclosure return, and

(b) a part (the confidential part) containing disclosures relating to the addresses of parcels of tenanted real property relating to Members made in Part B of an interest disclosure return.

(2) A register must be kept electronically.

(3) A Clerk must update the register as soon as practicable after an interest disclosure return is lodged.

(4) A Clerk may, for the purposes of the keeping, tabling or publication of a copy of a register, or a part of a register, delete the following—

(a) notes or directions concerning the completion of a form,

(b) if no disclosures are made under a particular heading in a form—matter under the heading apart from the word “NIL”,

(c) page numbers or other matter not relevant to a disclosure in a form.

Registers relating to Members must be made publicly available

22 Registers relating to Members must be made publicly available

(1) A Clerk must publish a searchable version of the information contained in the publicly available part of a register on the Parliament’s website.

(2) This section takes effect immediately before the end of the period of 12 months after this regulation is made.

Disclosure of registers relating to certain real property addresses

23 Disclosure of registers relating to certain real property addresses

(1) The purpose of this section is to protect the privacy and safety of persons occupying real property required to be disclosed under this regulation.

(2) The confidential part of a register must be kept confidential.

(3) Despite subsection (2), information may be disclosed to the following—

(a) for information disclosed by a Member—the Member,

(b) the appropriate parliamentary committee,

(c) the Presiding Officer of the Member’s House,

(d) a person employed or engaged by or behalf the Clerk to assist the Clerk in the exercise of the Clerks functions,

(e) an officer of the Commission within the meaning of the Independent Commission Against Corruption Act 1988,

(f) a person specified under subsection (4)(a),

(g) a person specified under subsection (6).

(4) A committee of a House of Parliament referred to in subsection (3)(b) may, in accordance with the Standing Rules or Orders of the House or a resolution of the House—

(a) specify a person to whom disclosure may be made, and

(b) resolve that specific information be tabled in the House and published, generally or subject to a restriction specified in the resolution.

(5) To avoid doubt, information referred to in subsection (4)(b) may be tabled in the House and published despite subsection (2).

(6) A House of Parliament may, by resolution, specify a person to whom disclosure may be made despite subsection (2), but only if the disclosure is to be made for the purpose of—

(a) the provision of advice to a Member concerning the disclosures under this regulation, or

(b) investigating a complaint in relation to a Member’s disclosures under this regulation.

Examples—

Under subsection (6), a House may specify—

(a) the Parliamentary Ethics Advisor, or

(b) the Independent Complaints Officer

Tabling of register, first interest disclosure returns and annual declarations

24 Tabling of register, first interest disclosure returns and annual declarations

(1) A Clerk must, as soon as practicable after a Member lodges an interest disclosure return under section 5 and the Clerk updates the register, give a copy of the information contained in the publicly available part of the register that relates to the Member to the Presiding Officer of the Clerk’s House for tabling.

(2) A Clerk must, as soon as practicable after 30 July in each year, give to the Presiding Officer of the Clerk’s House the following for tabling—

(a) a copy of each annual declaration lodged with the Clerk made under section 7,

(b) a copy of the information contained in the publicly available part of the register as at 30 July.

Part 5

Miscellaneous

Part 5 Miscellaneous

Contravention of regulation

25 Contravention of regulation

A contravention of this regulation does not attract criminal or civil liability, except to the extent expressly provided by the Act, section 14A.

Repeal

26 Repeal

The Constitution (Disclosures by Members) Regulation 1983 is repealed.

Savings and transitional provisions

27 Savings and transitional provisions

(1) An act, matter or thing that, immediately before the repeal of the Constitution (Disclosures by Members) Regulation 1983, had effect under that regulation continues to have effect under this regulation.

(2) Each Member must lodge an interest disclosure return with the Clerk on or before 30 September 2026.

Schedule 1

Interest disclosure return form

Schedule 1 Interest disclosure return form

sections 4–6 and dictionary, definition of “interest disclosure return”

Form Interest disclosure return

Constitution (Disclosures by Members) Regulation 2026

Interest disclosure return—Legislative *Council/*Assembly

Directions—

1 The particulars required to complete this form must be written in block letters or typed.

2 Omit matter marked with an asterisk (*) if it is not applicable.

Disclosures of pecuniary interests and other matters by—

| ......................... | as at | ......................... | | (full name of Member) | | (return date) | | | | ......................... | | | | (Member’s signature) | | | | ......................... | | | | (date) |

Part A—Disclosures relating to member of parliament—to be made publicly available

Section 1 Real property

Direction—

A Member may disclose the following information about a parcel of tenanted real property in which the Member has an interest as an alternative to disclosing the address of the parcel—

(a) a statement that the parcel is a parcel of tenanted real property,

(b) the location of the parcel by suburb or area.

If the Member discloses the location of the parcel by suburb or area instead of the address, the Member must disclose the address in Part B of this return.

Section 2 Trusts

Direction—

A Member may disclose the following information about a parcel of tenanted real property in which a trust has an interest as an alternative to disclosing the address of the parcel—

(a) a statement that the parcel is a parcel of tenanted real property,

(b) the location of the parcel by suburb or area.

If the Member discloses the location of the parcel by suburb or area instead of the address, the Member must disclose the address in Part B of this return.

Section 3 Interests and positions in corporations

| Name and address of corporation | Nature of interest or description of position held | Description of principal objects of corporation, if corporation is not a listed corporation | | | | | | | | | | | | |

Section 4 Positions in trade unions and professional or business associations

| Name of union or association and description of position held | | | | | | |

Section 5 Debts

Section 6 Sources of income

6.1 Income from employment, offices, partnerships and services

6.1.1 Income received as employee

| Name of occupation | Description of kinds of services provided | Name and address of employer | Description of business carried on by employer, if services provided relate to Member’s position as a Member | | | | | | | | | | | | | | | |

6.1.2 Income received as holder of office

| Name or title of office and description of kinds of services provided | Name and address of corporation or body, if any, in which office is held | Description of business carried on by entity, if services provided relate to Member’s position as a Member | | | | | | | | | | | | |

6.1.3 Income from partnership

| Name of occupation, if any | Description of kinds of services provided | Name and address of partnership | Description of business carried on by partnership, if services provided relate to Member’s position as a Member | | | | | | | | | | | | | | | |

6.1.4 Income from services provided under another contract, agreement or arrangement

| Name of occupation, if any, and description of services provided | Names and addresses of parties to contract, agreement or arrangement to provide services | Description of business carried on by other parties, if services provided relate to Member’s position as a Member | | | | | | | | | | | | |

6.2 Income from trust

6.3 Other income

| Disclosure of information about other income | | | | | | |

Section 7 Gifts

Section 8 Contributions to travel

| Name and address of person who made contribution to travel | Dates of travel | Places of travel (name State, Territory or country) | | | | | | | | | | | | |

Section 9 Dispositions of interests

Section 10 Water access licences

Section 11 Discretionary disclosures

| Disclosures that are discretionary—general | | | | | | |

Part B—Disclosures relating to tenanted real property—to be kept confidential

Section 1 Real property

Direction—

If a Member has, in Part A of this return, disclosed the location of a parcel of tenanted real property in which the Member has an interest by suburb or area as an alternative to disclosing the address of the parcel, the Member must disclose the address of the parcel in this section.

Section 2 Trusts

Direction—

If a Member has, in Part A of this return, disclosed the location of a parcel of tenanted real property in which a trust has an interest by suburb or area as an alternative to disclosing the address of the parcel, the Member must disclose the address of the parcel in this section.

Schedule 2

Annual declaration form

Schedule 2 Annual declaration form

section 7 and dictionary, definition of “annual declaration”

Form Annual declaration

Constitution (Disclosures by Members) Regulation 2026

Annual declaration—Legislative *Council/*Assembly

Direction—

Omit matter marked with an asterisk (*) if it is not applicable.

Note—

The Member of Parliament is under an obligation to continuously update the register of disclosures kept by the Clerk—see the Constitution (Disclosures by Members) Regulation 2026, section 6.

The register of disclosures maintained by the Clerk of the Legislative *Council/*Assembly as at 30 June of this year, to the best of my knowledge—

(a) accurately compiles the information lodged in my interest disclosure returns, and

(b) contains all the information required to be disclosed by me under the Constitution (Disclosures by Members) Regulation 2026.

| ......................... | as at | ......................... | | (full name of Member) | | (declaration date) | | | | ......................... | | | | (Member’s signature) | | | | ......................... | | | | (date) |

Schedule 3

Dictionary

Schedule 3 Dictionary

section 3

address means—

(a) in relation to a person other than a corporation—the last residential or business address of the person known to the Member disclosing the address, or

(b) in relation to a corporation—the address of the registered office of the corporation in New South Wales or, if there is no office in New South Wales, the address of the principal office of the corporation in the place in which it is incorporated, or

(c) in relation to real property—the postal address of the property or the particulars of title of the property.

annual declaration means a written declaration in or to the effect of the form in Schedule 2.

appropriate parliamentary committee, for a Member, means the following—

(a) for a Member the Legislative Council—the committee designated under the Independent Commission Against Corruption Act 1988, section 72B,

(b) for a Member the Legislative Assembly—the committee designated under the Independent Commission Against Corruption Act 1988, section 72DA.

Clerk means—

(a) in relation to a Member of the Legislative Council—the Clerk of the Legislative Council, or

(b) in relation to a Member of the Legislative Assembly—the Clerk of the Legislative Assembly.

confidential part of a register—see section 21(1)(b).

debt means a debt arising from—

(a) a loan of money, or

(b) the supply of goods or services.

disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property and includes the following—

(a) the allotment of shares in a company,

(b) the creation of a trust in relation to property,

(c) the grant or creation of a lease, mortgage, charge, easement, licence, power, partnership or interest in relation to property,

(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or of an interest in relation to property,

(e) the exercise by a person of a general power of appointment over property in favour of another person,

(f) a transaction entered into by a person with the intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.

donor means a person who makes a gift.

exercise a function includes perform a duty.

function includes a power, authority or duty.

general election means a concurrent—

(a) periodic Council election, and

(b) general election of Members of the Legislative Assembly.

gift means a disposition of property by a person to another person, otherwise than by will, that is a disposition without consideration in money or money’s worth or with inadequate consideration, but does not include a financial or other contribution to travel.

income means assessable income within the meaning of the Income Tax Assessment Act 1936 of the Commonwealth or the Income Tax Assessment Act 1997 of the Commonwealth, but does not include remuneration payable under the Parliamentary Remuneration Act 1989.

interest means—

(a) in relation to property—an estate, interest, right or power, whether at law or in equity, in or over the property, or

(b) in relation to a corporation—a relevant interest, within the meaning of the Corporations Act 2001 of the Commonwealth, in securities issued or made available by the corporation.

interest disclosure return means a return in or to the effect of the form in Schedule 1.

listed corporation means a listed corporation within the meaning of the Corporations Act 2001 of the Commonwealth.

Member means a Member of either House of Parliament.

occupation includes a trade, profession or vocation.

parliamentary term means the period between a general election and a later general election.

political party means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the NSW Parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms part.

professional or business association means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the economic interests of its members in an occupation.

property includes money.

publicly available part of a register—see section 21(1)(a).

relative, in relation to a Member, means the following—

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Member or of the Member’s spouse or de facto partner,

(b) the spouse or de facto partner of the Member or of another person specified in paragraph (a).

Note—

De facto partner is defined in the Interpretation Act 1987, section 21C.

securities has the same meaning as in the Corporations Act 2001 of the Commonwealth, section 92(1).

tenanted real property means a parcel of real property occupied by a tenant under a lease agreement.

the Act means the Constitution Act 1902.

travel includes accommodation incidental to a journey.

water access licence means an access licence within the meaning of the Water Management Act 2000.

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of regulation

This regulation is the Constitution (Disclosures by Members) Regulation 2026.

2 Commencement

This regulation commences on 1 September 2026.

3 Definitions

The dictionary in Schedule 3 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4 Forms

(1) A form may be lodged electronically in a way approved by the following—

(a) the Clerk,

(b) the appropriate parliamentary committee.

(2) A relevant portion of a form, required to be completed by a Member under this regulation, must be completed in accordance with the following directions and guidelines that are consistent with this regulation—

(a) directions specified in the form,

(b) guidelines issued or approved from time to time by the appropriate parliamentary committee for the Member, if any.

Part 2 Lodgement of interest disclosure returns and annual declarations

5 First interest disclosure returns

(1) A Member, other than a re-elected Member, must, within one month after the date on which the Houses of Parliament first assemble after each general election (the first assembly date), lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.

To comply with the regulation, Members and their advisers should adopt a structured process mapped to the regulation’s mechanics.

Establish an internal register and calendar. The regulation requires first returns within one month of the first assembly date for newly elected Members and within one month of taking the pledge/oath for those who become Members later (s 5), further returns within one month after changes or discovery of mistakes (s 6(1)), and an annual declaration within one month after 30 June (s 7). Prepare a compliance calendar that records first-assembly dates, expected change-trigger events, and the annual 30 June cycle, and set reminders for one-month filing windows and the 30 September 2026 transitional deadline (s 27(2)).
Use the prescribed forms. The interest disclosure return and annual declaration are set out in Schedules 1 and 2. Complete Part A for publicly available disclosures and Part B for tenanted real property addresses (Schedule 1). Follow directions and committee guidelines where applicable (s 4(2)). Use block letters or typing where directed and omit non-applicable items as instructed in the forms.
Centralise documentation and evidence. For each disclosure category collect documentary evidence that supports the particulars: contracts and invoices (income and services, s 14(2)-(3)), loan and mortgage documentation (debts, s 13), trust deeds and superannuation statements (trusts, s 10), titles and lease documents (real property and tenanted property, s 9; Schedule 3 definition of address), gift valuations and donor identification (s 15), travel itineraries and contributor identity and value (s 16), and water access licence numbers (s 18). Keep contemporaneous calculations of aggregation thresholds and totals to substantiate decisions not to disclose de minimis amounts.
Apply thresholds and aggregation rules carefully. Track per-donor or per-creditor totals over the relevant periods. Gifts and income exceed $500 per financial year (ss 14(1), 15(2)); travel contributions exceed $250 (s 16(2)); debts for disclosure are those greater than $500 during the parliamentary term unless an exemption applies (s 13(3)). For corporations, treat related corporate entities as a single actor pursuant to s 8(2), using Corporations Act s 50 definitions as necessary.
Manage address confidentiality. Use the allowed alternatives for residential parcels (s 9(2)) and tenanted real property (s 9(3)) to limit public disclosure of precise addresses. If you disclose suburb/area in Part A, ensure the exact address is placed in Part B to preserve the confidential‑part protection (Schedule 1 directions, s 9(3)). Understand that Schedule 3 defines “address” broadly; only omit street-level information where the regulation expressly allows the suburb/area alternative.
Lodge returns electronically via Clerk-approved methods. Section 4 permits electronic lodging in a way approved by the Clerk or appropriate parliamentary committee. Confirm the electronic lodgement portal, formats, authentication processes, and any file submission rules with the Clerk’s office before expecting to lodge.
Keep forms consistent and update only the relevant parts for incremental changes. Section 6(2) allows a Member lodging a further return concerning a matter or mistake to complete only the relevant part of the interest disclosure return. Maintain a master copy of the aggregate disclosures to avoid inconsistent or duplicative entries across successive returns.
Use discretionary disclosure where prudent. Section 19 authorises Members to disclose matters not otherwise required if they might appear to raise a conflict. Where there is doubt about appearance of conflict or prudence suggests transparency, use the discretionary box in Part A.
Coordinate with advisers and committees. The appropriate parliamentary committee can issue or approve directions and guidelines for completing forms (s 4(2)). Seek committee or Clerk guidance for ambiguous items (for example, complex trust arrangements, layered corporate interests, or valuation of non-monetary gifts). Use the committee process for interpretive certainty where available.
Record governance and authorisations for access to confidential material. Understand who may receive the confidential part: the Member, the appropriate parliamentary committee, the Presiding Officer, persons assisting the Clerk, and an officer of the ICAC (s 23(3)). If confidential material must be disclosed to a person specified by committee or House resolution, obtain the authorisation and record it.
Review the Act for sanctions and enforcement. The regulation defers civil or criminal liability to the Act, s 14A (s 25). Before advising on risk management, review the relevant provisions of the Constitution Act 1902 and any related parliamentary standing orders or disciplinary procedures that may apply to identify consequences for inaccurate, late or missing disclosures.
Train staff on limits of publication. Since Part A disclosures are publicly available and must be published in a searchable form on the Parliament’s website (s 22(1)), ensure staff understand what will be public and what is confidential, and sanitise non-relevant guidance notes or internal comments before submission, noting the Clerk may delete non-relevant form matter for publication (s 21(4)).
Prepare for the public register. Section 22 requires publication of a searchable public part. Ensure that the public-facing version is consistent with internal records, that sensitive but public information is checked for accuracy, and that ancillary documents establishing the provenance of disclosures are archived.

Following these steps will align a Member’s administrative and records processes with the regulation’s obligations and with the Clerk/committee administrative framework the regulation contemplates. Where questions remain about enforcement, penalties or the Act’s interaction, consult the Constitution Act 1902 (particularly s 14A) and relevant House standing orders.