216FPersons taken not to be independent of council—the Act, Sch 6, cl 19B

#### 216F Persons taken not to be independent of council—the Act, Sch 6, cl 19B 216F Persons taken not to be independent of council—the Act, Sch 6, cl 19B > > (1) The following persons are taken not to be independent of a council for the purposes of section 216E(h)— > > > > > (a) a person who is a councillor of a council in New South Wales, > > > > > (b) a person who was a candidate for election to the council in the last election of the council, > > > > > (c) a person who was a councillor during the term of the council ending at the last election of the council, > > > > > (d) for a joint organisation or council that is a member council of a joint organisation—a person who is a non-voting representative of the board of the joint organisation, > > > > > (e) for a council that has entered an arrangement under the Act, section 428B with another council or body—a person who is an employee of the other council or body, > > > > > (f) a person who is employed by the council or was employed by the council in the previous 12 months, > > > > > (g) a person who conducts audits of the council for the Audit Office of NSW, > > > > > (h) a person who has a close personal or business relationship with a councillor or a person who has a senior role in the council that may lead to an actual or perceived conflict of interest, > > > > > (i) a person who provides, or has in the previous three years provided, material goods or services which directly affect matters considered by the Audit, Risk and Improvement Committee, > > > > > > Example— > > > > > > consultancy, legal, internal audit or advisory services > > > > > (j) a person who is a shareholder, owner, officer or employee of a company if— > > > > > > > (i) the company has a business relationship with the council or a related entity, and > > > > > > > (ii) the business relationship comprises— > > > > > > > > > (A) a material business relationship, or > > > > > > > > > (B) a contractual relationship, or > > > > > > > > > (C) a direct financial interest, or > > > > > > > > > (D) a material indirect financial interest, and > > > > > > > (iii) the business relationship could reasonably be considered to be an actual or perceived conflict of interest, > > > > > (k) a person who is a relative of a person referred to in paragraph (i), > > > > > (l) a person who acts, or has previously acted, as an advocate for the council or a related entity, if the advocacy— > > > > > > > (i) relates to a material interest, and > > > > > > > (ii) could reasonably be considered to be an actual or perceived conflict of interest. > > > (2) In this section— > > > > related entity, of a council, means an entity formed by the council or an entity which the council participated in forming. > > **s 216F:** Ins 2023 (643), Sch 1.