Disclosures of Interest
As per the Local Government Act 1995 section 5.65(1) (a) (b) a member who has an interest in any matter that is to be discussed at a Council or Committee meeting, that will be attended by the member, must disclose the nature of the interest in a written notice given to the CEO before the meeting or at the meeting immediately before the matter is disclosed.
There are four different types of interests that can be disclosed:
1. Direct Financial Interest:
Local Government Act 1995 - Section 5.60A:
" A person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person."
2. Indirect Financial Interest:
Local Government Act 1995 - Section 5.61:
"A reference to a financial relationship between that person and another person who requires a local government decision in relation to the matter."
3. Proximity Interest:
Local Government Act 1995 - Section 5.60B(1) (a) (b) & (c):
"A person has a proximity interest in a matter if the matter concerns a proposed change to a planning scheme affecting land that adjoins the person's land; or a proposed change to the zoning or use of land that adjoins the person's land; or a proposed development (as defined in section 5.63(5)) of land that adjoins the person's land."
Local Government Act 1995 - Section 5.60B(3):
"A reference to a person's land is a reference to any land owned by the person or in which the person has any estate or interest."
4. Impartiality Interest:
Local Government (Administration) Regulations 1996 - Section 19AA:
"means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest; and includes an interest arising from kinship, friendship or membership of an association."
Councillors with direct financial interest, indirect financial interests or proximity interests must not preside at the part of the meeting relating to the matter or participate in, or be present during, any discussion or decision making procedure relating to the matter as per Section 5.67 of the Local Government Act 1995.