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Health Practitioner Regulation National Law Act 2009
sch-sec.8-oc.4Disclosure of conflict of interest
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### sch-sec.8-oc.4 Disclosure of conflict of interest
If—
a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National Board; and
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 National Board.
Particulars of any disclosure made under this clause must be recorded by the National Board in a book kept for the purpose.
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the National Board otherwise determines—
be present during any deliberation of the National Board with respect to the matter; or
take part in any decision of the National Board with respect to the matter.
For the purposes of the making of a determination by the National Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—
be present during any deliberation of the National Board for the purpose of making the determination; or
take part in the making of the determination by the National Board.
A contravention of this clause does not invalidate any decision of the National Board.
This clause applies to a member of a committee of a National Board and the committee in the same way as it applies to a member of the National Board and the National Board.
(sch-sec.8-oc.4-ssec.1) If— a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National Board; and 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 National Board.
(sch-sec.8-oc.4-ssec.2) Particulars of any disclosure made under this clause must be recorded by the National Board in a book kept for the purpose.
(sch-sec.8-oc.4-ssec.3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the National Board otherwise determines— be present during any deliberation of the National Board with respect to the matter; or take part in any decision of the National Board with respect to the matter.
(sch-sec.8-oc.4-ssec.4) For the purposes of the making of a determination by the National Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— be present during any deliberation of the National Board for the purpose of making the determination; or take part in the making of the determination by the National Board.
(sch-sec.8-oc.4-ssec.5) A contravention of this clause does not invalidate any decision of the National Board.
(sch-sec.8-oc.4-ssec.6) This clause applies to a member of a committee of a National Board and the committee in the same way as it applies to a member of the National Board and the National Board.
- (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National 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;
- (a) be present during any deliberation of the National Board with respect to the matter; or
- (b) take part in any decision of the National Board with respect to the matter.
- (a) be present during any deliberation of the National Board for the purpose of making the determination; or
- (b) take part in the making of the determination by the National Board.