Conflicts of interest have been a topic of discussion at recent meetings of Southern Downs Regional Council, so the council has provided an explainer of the different kinds of conflicts of interest, and when councillors need to declare one.
There are two kinds of conflicts of interest, prescribed conflicts of interest and declarable conflicts of interest.
A prescribed conflict of interest in a specific, clear list of situations where legislation states that you must not participate in decisions.
A declarable conflict of interest is a situation where you might have a conflict of interest, and you must declare the interest, and then either you choose to leave the meeting yourself or other councillors vote to decide whether you can participate in a decision.
Prescribed conflicts of interest include if you or a close associate:
Have received donations (gifts), loans, sponsored travel, or accommodation totalling $2000 or more in relevant term
Have a contract with council (including panels, sponsorships, unsuccessful tenders) to which a matter relates
Have lodged an application of submission to council (e.g. development application or grant application) to which a matter relates
Are a close associate of the Chief Executive and the matter relates to their appointment or employment matters
Declarable conflicts of interest include if you or a related party:
Have received donations (gifts), loans, sponsored travel, or accommodation totalling $500-$2000 in relevant term
Have an interest in something that could cause a perception of bias to a reasonable person
You do not need to manage a conflict of interest if it includes:
Your interest is no greater than a significant proportion of other community members (e.g. all people in a suburb, all people in a small town, all business owners, all dog owners)
Councillor enumeration, expenses, superannuation or insurance
Adoption of budget, rates and charges and cost- recovery fees
Planning scheme or amendments for the whole council area
Your appointment as mayor, deputy mayor, councillor, committee member, or council representative of a board or association, or as a candidate for mayor or councillor.
Gifts, loans, sponsored travel, or accommodation totalling less than $500 (unless perception of bias could exist for another reason such as membership of club)
Religious beliefs
Membership of a political party
Non-executive member of non-profit organisation or club
A student, former student, or parent or grandparent of a student of a school
