Declarations and Registers of Interest

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.

Disclosure of Interest Register January 2022 to December 2022

As per regulation 28 of the Local Government (Administration) Regulation 1996 a register of interests is to be kept in relation to each disclosure made under sections 5.65, 5.70, 5.71 or 5.71A of the Local Government Act 1995. 

Impartiality Interests are not dealt with in the above mentioned sections and therefore do not require recording in the register.

Annual and Primary Returns

Council members, Chief Executive Officers (CEOs) and employees are expected to make decisions in the best interests of their community. To do this, they must consider each issue on its merits. Decision-making could be influenced (or perceived to be influenced) in a number of ways, including through financial relationships, personal relationships and the receipt of gifts. Section 5.75 and 5.76 of the Local Government Act 1995 (the Act) sets out requirements for council members, CEOs and other employees to ensure transparency and accountability in decision-making. 

For more information visit the Department of Local Government, Sport and Cultural Industries.

Gift Disclosures

Similarly to Primary and Annual Returns, the receipt of gifts could influence (or be perceived to influence) the decision-making of council members, Chief Executive Officers (CEOs) and local government employees. Sections 5.87A and 5.87B the Local Government Act 1995 (the Act) sets out requirements for council members and CEOs to ensure transparency and accountability in decision-making. 

For more information visit the Department of Local Government, Sport and Cultural Industries.

More information and contacts

For more information about declaration of interest and gift registers, please contact us.

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