Northern Territory Code of Conduct for Ministers and Members proposed by the Country Liberal Party August 2006
Tabled paper 603
Tabled papers for 10th Assembly 2005 - 2008; Tabled papers; ParliamentNT
Tabled By Jodeen Carney
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
Country Liberal Party Proposed Northern Territory Ministers and Members Code of Conduct In assessing whether a conflict of interest is material, the issue is the likelihood that the Minister or Member possessing the interest could be influenced in the judgement which his or her public duty requires be applied to the matter in hand, or that a reasonable person would believe that he or she could be so influenced. A Minister or Member will not be taken to have been so influenced if the interest of the Minister or Member in a matter is no greater than the interest of any member of the public at large, or any section of the public. 6.2 Disclosure and Management Disclosure of interests is an important initial step in the avoidance of a material conflict of interest. Ministers and Members are obliged by resolution of the Assembly to state their registrable private interests in the Register of Members Interests. A material conflict of interest may be avoided either by divestment of the relevant interest or by appropriate management of a potential conflict. Divestment of interests in shares to a trust which is conducted at arms length from the Minister and his or her immediate family is an acceptable strategy. The Minister and his or her immediate family may not be involved in decisions affecting the conduct of the trust and the existence of the trust is to be disclosed to Cabinet. 6.3 Executive Functions In addition to any obligations imposed upon Ministers as MLAs, Ministers will inform the Chief Minister, or in the case of the. Chief Minister, Cabinet, of any situation of potential conflict between their private interests and Executive functions. A record of such disclosures will be maintained by the Secretary to Cabinet and will be tendered at the next Cabinet meeting. The information is also to be available for scrutiny by the Auditor General. In the event of a material conflict, the Chief Minister, or in the case of a conflict with the Chief Ministers interests, Cabinet, should consider the imposition of conditions on the exercise of the Minister's Executive powers in order to minimise the risk of a material conflict of the Minister's private interests and public duty. The Chief Executives within the Minister's portfolio should be made aware of the existence of these conditions. A record of any conditions on Executive functions should be placed on the Ministers Register of Interests. Alternatively, in the case of a material conflict of an ongoing nature, the Chief Minister may appoint another Minister to act in the matter in respect of which the conflict arose. The Minister should then take appropriate steps to avoid participation in Government decisions relating to that interest. In the case of any material conflict of interest of the Chief Minister, Cabinet may request the Chief Minister to appoint another Minister to act in the matter in respect of which the conflict arose. Page 8 of 12
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