Victorian Current Acts Victorian Current Acts(1) This section applies in respect of a conflict of interest in respect of a matter—
(a) to be considered at a Council meeting; or
(b) to be considered at a meeting of a delegated committee; or
(c) to be considered at a meeting of a community asset committee; or
(d) that arises in the course of the exercise of a power of delegation by a member of Council staff; or
(e) that arises in the course of the exercise of a statutory function under this Act or any other Act.
(2) A relevant person who has a conflict of interest in respect of a matter must—
(a) disclose the conflict of interest in the manner required by the Council's Governance Rules; and
(b) exclude themselves from the decision making process in relation to that matter, including any discussion or vote on the matter at any Council meeting or delegated committee, and any action in relation to the matter.
(3) A relevant person must not fail to comply with subsection (2) in respect of a conflict of interest that is a material conflict of interest.
Penalty: 120 penalty units.
(4) If a relevant person who fails to comply with subsection (2) in respect of a conflict of interest that is a general conflict of interest is a Councillor who has been previously—
(a) found guilty by a court of a conflict of interest offence against this Act; or
(b) subject to a finding of serious misconduct by a Councillor Conduct Panel for a conflict of interest breach—
the relevant person commits an offence against this Act and is liable to a fine not exceeding 120 penalty units.
(5) If a relevant person who fails to comply with subsection (2) in respect of a conflict of interest that is a material conflict of interest or a general conflict of interest is a Councillor, an application may be made under section 154 to a Councillor Conduct Panel alleging serious misconduct.
(6) If a relevant person who fails to comply with subsection (2) is the Chief Executive Officer, the Mayor must notify the Chief Municipal Inspector as soon as practicable after the Mayor becomes aware that the Chief Executive Officer has failed to comply with subsection (2).
(7) If a relevant person who fails to comply with subsection (2) is a member of Council staff other than the Chief Executive Officer, the Chief Executive Officer—
(a) must notify the Chief Municipal Inspector as soon as practicable after the Chief Executive Officer becomes aware that the member of Council staff has failed to comply with subsection (2); and
(b) must deal with the failure to comply with subsection (2) in accordance with the code of conduct for members of Council staff.
(8) If a relevant person who fails to comply with subsection (2) is a person other than a Councillor or a member of Council staff, the Chief Executive Officer must notify the Council and make a recommendation to the Council as to the action that is to be taken.