South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 75C

75C—Dealing with material conflicts of interest

        (1)         If a member of a council has a material conflict of interest in a matter to be discussed at a meeting of the council, the member must—

            (a)         inform the meeting of the member's material conflict of interest in the matter; and

            (b)         leave the meeting room (including any area set aside for the public) such that the member cannot view or hear any discussion or voting at the meeting, and stay out of the meeting room while the matter is being discussed and voted on.

        (2)         However, a member of the council does not contravene subsection (1) by taking part in the meeting if the member—

            (a)         has been granted an approval under subsection (3); and

            (b)         complies with the conditions of the approval.

        (3)         The Minister may grant an approval in writing to a member of the council to take part in the meeting if—

            (a)         because of the number of members subject to the obligation under this section, conduct of the meeting would be obstructed if the approval were not given; and

            (b)         it appears to the Minister to be in the interests of the council's community and area.

        (4)         The Minister may grant an approval under subsection (3) subject to any conditions determined by the Minister.

        (5)         If a member of a council discloses a material conflict of interest in a matter to be discussed at a meeting of the council, the following details must be recorded in the minutes of the meeting:

            (a)         the member's name;

            (b)         the nature of the interest, as described by the member;

            (c)         if the member took part in the meeting under an approval under subsection (3), the fact that the member took part in the meeting.