NORTHERN TERRITORY OF AUSTRALIA
LEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND
ETHICAL STANDARDS) ACT 2008
As in force at 9 October 2009
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Establishment of the Code............................................................... 1
5 Enforcement of the Code ................................................................. 1
Schedule Code of Conduct and Ethical Standards
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 9 October 2009
LEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND
ETHICAL STANDARDS) ACT 2008
An Act to establish a Code of Conduct and Ethical Standards for
Members of the Legislative Assembly and to provide for enforcement of
the Code and related purposes
1 Short title
This Act may be cited as the Legislative Assembly (Members' Code
of Conduct and Ethical Standards) Act 2008.
2 Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
Assembly means the Legislative Assembly of the Northern
Territory of Australia.
Code means the Code of Conduct and Ethical Standards set out in
the Schedule.
member means a member of the Assembly.
Privileges Committee means a committee of the Assembly
established as the Committee of Privileges.
4 Establishment of the Code
The Code is established.
5 Enforcement of the Code
(1) The Assembly may refer an alleged breach of the Code to the
Privileges Committee to inquire into and report on the alleged
breach.
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 2
(2) If the Privileges Committee finds the breach established, the
Assembly may punish the breach as a contempt.
Schedule Code of Conduct and Ethical Standards
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 3
Schedule Code of Conduct and Ethical Standards
section 4
Part 1 Introduction
The Code of Conduct and Ethical Standards is established under
section 4 of the Legislative Assembly (Members’ Code of Conduct
and Ethical Standards) Act 2008.
The Code establishes principles of ethical conduct, and standards
of behaviour, for members.
The principles of ethical conduct fall under 4 main heads:
(a) integrity; and
(b) accountability; and
(c) responsibility; and
(d) the public interest.
The Code states rules and standards of conduct that are implicit in
these principles. However, the Code is not to be regarded as an
exhaustive statement of the implications of these principles and, in
a situation that is not explicitly covered by the Code, the member
must use the member's own judgment to determine an appropriate
course of conduct conforming with these principles.
Commentary
The Code is intended to be read in conjunction with other relevant
laws, the Standing Orders of the Assembly, and other standards
established by the Assembly governing the conduct of members.
In case of conflict between the Code and the Assembly’s Standing
Orders or other Standards, the Code prevails.
The Assembly may refer an alleged breach of the Code to the
Privileges Committee, and if the Committee finds a breach
established, may punish it as a contempt of the Assembly.
Schedule Code of Conduct and Ethical Standards
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 4
Part 2 Principles, standards and commentary
1 Integrity
Members must act with integrity in the exercise of official functions.
Commentary
Public confidence in the integrity of parliamentary decision-making
is essential to an effective democracy. In order to maintain that
confidence, it is essential, especially in a relatively small
community, for members to avoid any suggestion that they are
exploiting their position to gain an improper personal benefit.
2 Conflict of interest
Members must avoid conflicts, or apparent conflicts, between their
private interests and their official functions.
Commentary
Members may need to divest themselves of business interests or
distance themselves from management by, for example, placing
assets in the administration of a blind trust.
Members must ensure that they do not come under any financial
obligation to individuals or organisations that are likely, or might
reasonably be considered likely, to influence a member improperly
in the performance of official functions.
3 Declaration of interests
A member must not vote in any division on a question affecting a
declarable interest unless the member has first declared the
interest to the Assembly.
A declarable interest is:
(a) an interest the member has disclosed, or is required to
disclose, under the Legislative Assembly (Disclosure of
Interests) Act 2008 (including such an interest held by a
related person within the meaning of that Act); or
(b) an interest of a company or business for which the member
acts, for remuneration, as a consultant or adviser.
The declaration must be made:
(a) if the member participates in debate on the matter – at the
beginning of the member's speech; or
Schedule Code of Conduct and Ethical Standards
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 5
(b) if the member does not participate in debate on the matter –
before, or as soon as practicable after, a vote is taken on the
question.
Commentary
Section 21(3) of the Northern Territory (Self-Government)
Act 1978 (Cth) prohibits a member of the Legislative Assembly who
is a party to, or has a direct or indirect interest in, a contract made
by or on behalf of the Territory under which goods or services are to
be supplied to the Territory from taking part in discussion of a
matter, or voting on a question, in the Legislative Assembly where
the matter or question relates directly or indirectly to that contract.
The above rules operate in cases of conflict, or possible conflict, of
interest to which the statutory prohibition is inapplicable.
4 Commitment
A member must not engage in any other employment or business
activity that involves a substantial commitment of time and effort.
Commentary
A member's functions require a commitment of time and effort at
least equivalent to full-time employment. Substantial commitments
to other employment or business activities are incompatible with the
proper performance of the member's representative and
parliamentary duties
5 Honesty
Members must act honestly in all their official dealings, and must
take care not to mislead the Assembly or the public.
6 Respect for confidences
A member must respect the confidentiality of information obtained
in confidence in the member's official capacity.
A member must not make improper use of confidential information
obtained in an official capacity to gain a private benefit.
7 Gifts
A member must not solicit or encourage a gift or private benefit
from a constituent or other person with whom the member deals in
an official capacity.
Schedule Code of Conduct and Ethical Standards
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 6
However, a member may accept an unsolicited gift or private
benefit and disclose the gift or benefit if required under the
Legislative Assembly (Disclosure of Interests) Act 2008 .
8 Government contracts
A member must not hold a direct or indirect interest in a contract or
arrangement for the provision of goods or services to or for the
Territory or an agency or instrumentality of the Territory.
9 Accountability
Members are accountable to the Assembly, their constituents and
the public generally.
Commentary
Public office is a public trust. The holders of public office who make
decisions affecting the welfare, rights or obligations of others have
an obligation to ensure they use their powers and influence lawfully
and fairly and must be prepared to demonstrate that this obligation
has been met.
The people of the Northern Territory are entitled to know why the
Assembly or a member has taken a particular policy position.
Accountability fosters integrity and probity in official decision-
making, good governance, and the prevention and detection of
corruption. It encourages public confidence and trust.
10 Responsibility
Members must act in accordance with the principle of responsibility.
This means members must endeavour to ensure their decisions
reflect a proper consideration of all relevant matters, including the
reasonably foreseeable consequences for those likely to be
affected by their decisions.
Members must also foster, by their conduct in office, respect for
democratic institutions, rights and freedoms and the principles of
good governance. In particular, members must foster the following:
(a) respect for the institution of the Parliament;
(b) respect for the Rule of Law;
(c) recognition of the value of social and cultural diversity;
(d) fairness and integrity in official decision-making;
Schedule Code of Conduct and Ethical Standards
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 7
(e) freedom of reporting by media;
(f) the independence of the public service;
(g) freedom of speech;
(h) access to justice.
A member's conduct in office should be exemplary in regard to the
member's work ethic and standards of ethical behaviour.
Members must manage, economically and responsibly, the
resources and facilities provided to them and their staff at public
expense.
Members must recognise the public service as a non-partisan
public resource, and treat public servants in accordance with
established conventions of public service neutrality.
11 Public interest
In performing official functions, members must act in what they
genuinely believe to be the public interest.
In particular, members must seek to ensure their decisions and
actions are based on an honest, reasonable, and properly informed
judgment about what will best advance the common good of the
people of the Territory.
Commentary
The public's confidence in the institutions of government is
strengthened when members demonstrate the highest standards of
professional competence, efficiency and effectiveness, uphold the
laws of the Territory, and seek to advance the common good of the
people of the Territory at all times.
ENDNOTES
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Legislative Assembly (Members' Code of Conduct and Ethical Standards) Act 2008 (Act
No. 35, 2008)
Assent date 8 December 2008
Commenced 9 October 2009 (Gaz S56, 9 October 2009)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: sch.