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Legal Profession Act 2007
sec.638Disclosure of interests
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### sec.638 Disclosure of interests
This section applies to a committee member (the interested person ) if—
the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the committee; and
the interest could conflict with the proper performance of the interested person’s duties about the consideration of the issue.
After the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.
Unless the committee otherwise directs, the interested person must not—
be present when the committee considers the issue; or
take part in a decision of the committee about the issue.
The interested person must not be present when the committee is considering whether to give a direction under subsection (3) .
If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—
be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or
take part in making the decision about giving the direction.
If—
because of this section, a committee member is not present at a committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and
there would be a quorum if the member were present;
the remaining persons present are a quorum of the committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
A disclosure under subsection (2) must be recorded in the committee’s minutes.
(sec.638-ssec.1) This section applies to a committee member (the interested person ) if— the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the committee; and the interest could conflict with the proper performance of the interested person’s duties about the consideration of the issue.
(sec.638-ssec.2) After the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.
(sec.638-ssec.3) Unless the committee otherwise directs, the interested person must not— be present when the committee considers the issue; or take part in a decision of the committee about the issue.
(sec.638-ssec.4) The interested person must not be present when the committee is considering whether to give a direction under subsection (3) .
(sec.638-ssec.5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or take part in making the decision about giving the direction.
(sec.638-ssec.6) If— because of this section, a committee member is not present at a committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining persons present are a quorum of the committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
(sec.638-ssec.7) A disclosure under subsection (2) must be recorded in the committee’s minutes.
- (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the committee; and
- (b) the interest could conflict with the proper performance of the interested person’s duties about the consideration of the issue.
- (a) be present when the committee considers the issue; or
- (b) take part in a decision of the committee about the issue.
- (a) be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or
- (b) take part in making the decision about giving the direction.
- (a) because of this section, a committee member is not present at a committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and
- (b) there would be a quorum if the member were present;