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