(1) A member of a
council must at all times act honestly in the performance and discharge of
official functions and duties.
(2) A member of a
council must at all times act with reasonable care and diligence in the
performance and discharge of official functions and duties.
(3) A member or former
member of a council must not, whether within or outside the State, make
improper use of information acquired by virtue of his or her position as a
member of the council to gain, directly or indirectly, an advantage for
himself or herself or for another person or to cause detriment to the council.
(4) A member of a
council must not, whether within or outside the State, make improper use of
his or her position as a member of the council to gain, directly or
indirectly, an advantage for himself or herself or for another person or to
cause detriment to the council.
(4a) A member or
former member of a council must not disclose information or a document—
(a) in
relation to which there is an order of a council or council committee in
effect under section 90 or 91(7) requiring the information or document to
be treated confidentially; or
(b) that
the member or former member knows, or ought reasonably to know, is information
or a document that is otherwise required to be treated confidentially.
(4b) Nothing in
subsection (4a) prohibits the disclosure of information or a document
that is required or authorised by law.
(4c) A member of a
council must not direct or seek to influence an employee of the council in the
exercise or performance of a power or function delegated to or performed by
the employee.
(4d) Without limiting
subsection (4c), a member of a council must—
(a)
ensure that a request for information or a document from a person engaged in
the administration of the council is made in accordance with the requirements
of the chief executive officer of the council; and
(b)
ensure that a request for the performance of work or the taking of action by
an employee of the council is made in accordance with the requirements of the
chief executive officer of the council.
(4e) A member of a
council must comply with any requirements prescribed by the regulations
relating to the conduct of members that are expressed to be
integrity provisions.
(7) Subject to the
regulations, the provisions of this section extend—
(a) to
committees and to members of committees established by councils as if—
(i)
a committee were a council; and
(ii)
a member of a committee were a member of a council; and
(b) to
subsidiaries and to board members of subsidiaries as if—
(i)
a subsidiary were a council; and
(ii)
a board member of a subsidiary were a member of a
council.
Subdivision 2—Register of Interests