Subdiv 2AGifts and benefits

Subdivision 2A—Gifts and benefits 119A—Register of gifts and benefits (1) An employee of a council must not seek out or receive a gift or benefit that is, or could reasonably be taken to be, intended or likely to create a sense of obligation to a person on the part of the employee or influence the employee in the performance or discharge of the employee's functions or duties. (2) If an employee of a council receives a gift or benefit of an amount greater than the amount determined by the Minister (from time to time), by notice in the Gazette, the employee must provide details of the gift or benefit to the chief executive officer of the council in accordance with any requirements of the chief executive officer. (3) The Minister must consult with the LGA before publishing a notice under subsection (2). (4) The chief executive officer of a council must maintain a register of gifts and benefits received by employees of the council and must ensure that the details of each gift and benefit provided under this section are included in the register. (5) A register maintained under this section— (a) need not include information available in another register published by, or available for inspection at, the council or otherwise available under the Act; and (b) may include information by reference to another register or document, provided the register or document is published by, or available for inspection at, the council and the register maintained under this clause identifies that other register or document. (6) For the purposes of this section, a gift or benefit received by a designated person or entity in relation to an employee of a council will be treated as a gift or benefit (as the case requires) received by the employee. (7) For the purposes of this section— (a) 2 or more separate gifts or benefits received by an employee or a designated person or entity in relation to the employee from the same person during a financial year are to be treated as 1 gift or benefit (as the case requires) received by the employee; and (b) 2 or more separate transactions to which an employee or a designated person or entity in relation to the employee is a party with the same person during a financial year under which the employee or the designated person has had the use of property of the other person (whether or not being the same property) during a financial year are to be treated as 1 transaction under which the employee has had the use of property of the other person during the financial year. (8) Unless the contrary intention appears, terms and expressions used in this section and in Schedule 3 have the same respective meanings in this section as they have in that Schedule, provided that a reference in Schedule 3 to a member will be taken, for the purposes of this clause, to be a reference to an employee. Subdivision 3—Conflict of interest 120—Conflict of interest (1) The chief executive officer of a council who has an interest in a matter in relation to which he or she is required or authorised to act in the course of official duties— (a) must disclose the interest to the council; and (b) must not, unless the council otherwise determines during a council meeting that is open to the public, act in relation to the matter. (2) An employee of a council (other than the chief executive officer) who has an interest in a matter in relation to which he or she is required or authorised to act in the course of official duties— (a) must disclose the interest to the chief executive officer; and (b) must not, unless the chief executive officer otherwise determines, act in relation to the matter. (3) It is a defence to a charge for an offence against subsection (1) or (2) to prove that the defendant was, at the time of the alleged offence, unaware of the interest. (4) If an employee is entitled to act in relation to a matter by virtue of subsection (2)(b) and the employee is providing advice or making recommendations to the council or a council committee on the matter, the employee must also disclose the relevant interest to the council or council committee. (5) An employee has an interest in a matter if the employee, or a person with whom the employee is closely associated, would, if the employee acted in a particular manner in relation to the matter, receive or have a reasonable expectation of receiving a direct or indirect pecuniary benefit or a non-pecuniary benefit or suffer or have a reasonable expectation of suffering a direct or indirect pecuniary detriment or a non-pecuniary detriment. (6) A person is closely associated with an employee of a council— (a) if that person is a body corporate of which the employee is a director or a member of the governing body; or (b) if that person is a proprietary company in which the employee is a shareholder; or (ba) a family company of the employee (within the meaning of Schedule 3); or (bb) a family trust of the employee (within the meaning of Schedule 3); or (c) if that person is a beneficiary under a trust or an object of a discretionary trust of which the employee is a trustee; or (d) if that person is a partner of the employee; or (e) if that person is the employer or an employee of the employee; or (f) if that person is a person with whom the employee has entered into, is seeking to enter into, or is otherwise involved in a negotiation or tendering process in connection with entering into, an agreement for the provision of professional or other services for which the employee would be entitled to receive a fee, commission or other reward; or (g) if that person is a relative of the employee. (7) However, an employee, or a person closely associated with an employee, will not be regarded as having an interest in a matter— (a) by virtue only of the fact that the employee or person— (i) is a ratepayer, elector or resident in the area of the council; or (ii) is a member of a non-profit association, other than where the employee or person is a member of the governing body of the association or organisation; or (b) in a prescribed circumstance. employee of a council includes— (a) a consultant engaged by the council; and (b) a person working for the council on a temporary basis; non-profit association means a body (whether corporate or unincorporate)— (a) that does not have as its principal object or one of its principal objects the carrying on of a trade or the making of a profit; and (b) that is so constituted that its profits (if any) must be applied towards the purposes for which it is established and may not be distributed to its members, and includes the LGA. (9) For the purposes of subsection (6)(e) and (f), employment with the council is to be disregarded. Division 2—Employee behaviour 120A—Behavioural standards (1) A council may prepare and adopt standards (the employee behavioural standards) that— (a) specify standards of behaviour to be observed by employees of councils; and (b) provide for any other matter relating to behaviour of employees of councils. (2) An employee behavioural standard must not diminish a right or employment condition under an Act, award, industrial agreement or contract of employment. (3) An employee of a council must comply with the council's employee behavioural standards. (4) A council may from time to time alter its employee behavioural standards, or substitute new employee behavioural standards. (5) Before a council— (a) adopts employee behavioural standards; or (b) alters, or substitutes, its employee behavioural standards, the council must consult with any registered industrial association that represents the interests of employees of councils on the employee behavioural standards, alteration or substituted standards (as the case may be). (6) A council must, within 6 months after the conclusion of each periodic election— (a) in the case of a council that has employee behavioural standards in effect under this section—review the operation of the employee behavioural standards; or (b) in any other case—consider whether it should adopt employee behavioural standards. Division 4—Protection from personal liability 121—Protection from personal liability (1) No civil liability attaches to an employee of a council for an honest act or omission in the exercise, performance or discharge, or purported exercise, performance or discharge, of powers, functions or duties under this or other Acts. (2) A liability that would, but for this section, attach to an employee of a council attaches instead to the council.