(Sections 5.88 and 5.94 of the Local Government Act 1995)
Prepared by the Shire of Mundaring with permission from the Department of Local Government and the Western Australian Municipal Association, to use information sourced from the Financial Interests Handbook and Councillors Manual, which are publications produced by those bodies in association with the Institute of Municipal Management.
Section 5.94 provides for this register to be inspected, free of charge, by any member of the public by attending the Shire Offices during office hours. Exceptions may apply subject to Section 5.95 provisions.
INTRODUCTION
The Local Government Act 1995 introduced new terms and procedures for the disclosing of interests by councillors and council officers and for those disclosures to be made available for public inspection at the office of the Council.
The term financial interest replaces pecuniary interest and disclosure replaces declaration. In brief, the new procedures require councillors and certain Council officers with interests in matters to be discussed at meetings, to be disclosed and on some occasions, the extent of the interest. Councillors or Council officers having disclosed an interest in a matter are then required to leave the room for the discussion and voting on that matter, unless an exception is granted under Section 5.68 or 5.69.
In addition to disclosures at meetings, the Act also introduces requirements for councillors and certain Council officers to disclose the nature of their interests in primary and annual returns.
To satisfy the requirement of Section 5.94 of the Act to provide the public with access to disclosures of interest, this Disclosure of Financial Interests Register is provided.
The Register consists of:
- Part 1: Disclosures by Councillors
- Part 2: Disclosures by Council Officers
Each section contained in the Register is preceded by a Scope Statement detailing the requirements of the Local Government Act that are relative to each section.
Note: If you are perusing this Register on the Internet, please be aware that the actual disclosures of financial interests are not included. This is because the documents are in hand written format. These are available for perusal on request at the Information Counter of the Shire Administration Centre.
TABLE OF CONTENTS
Part 1: Disclosure of Financial Interests by Councillors
Part 2: Disclosure of Financial Interests by Council Officers
PART 1.
DISCLOSURES BY COUNCILORS
DISCLOSURE OF FINANCIAL INTERESTS IN RETURNS
(Sections 5.75 and 5.76 of the Local Government Act 1995)
SCOPE STATEMENT
The Local Government Act 1995 introduced new provisions relating to the disclosure of financial interests in returns. Two returns are required to be completed, a primary return and an annual return.
The provisions are effective as of May 3, 1997 and persons required to complete a primary return will have three months from this date to submit their first return.
The provisions are generally in keeping with those relating to members of State Parliament.
Persons who are required to disclose their interests in returns must be aware of the possibility of that same interest needing to be disclosed at a meeting. An interest disclosed in a return which is not disclosed at a meeting, unless an exemption applies, would indicate an offence of non disclosure has been committed.
LODGEMENT OF PRIMARY RETURNS
(Section 5.75 of the Local Government Act 1995)
SCOPE STATEMENT
Council members and designated Council officers must lodge with the Chief Executive Officer a primary return in the prescribed form within three months of the start date. The Chief Executive Officer must lodge his primary return with the President. For the first year, the start day for all persons who are required to lodge a primary return is May 3, 1997.
For later years, the start day for Council members will be the day on which they make the required declaration after having been elected.
In the case of designated Council officers, the start date will be the day on which they become a designated Council officer.
LODGEMENT OF ANNUAL RETURNS
(Section 5.76 of the Local Government Act 1995)
SCOPE STATEMENT
Changes that have occurred to the status of interests disclosed in a previous return and any new financial interests obtained during the return period must be disclosed in the annual return. This would include interests that may have been bought and sold during the return period.
The first annual return will not have to be completed until after the 1997/98 financial year.
After lodgement of the initial annual return, which must occur by 31st August 1998, Council members and designated Council officers must lodge with the Chief Executive Officer, an annual return in the prescribed form by August 31 of each subsequent year. The Chief Executive Officer must lodge his annual return to the President.
DISCLOSURE OF INTERESTS AT MEETINGS
COUNCILLORS
(Section 5.65 of the Local Government Act 1995)
SCOPE STATEMENT
Councillors who have an interest in any matter to be discussed at a council or committee meeting that they attend as a member, must disclose the nature of that interest by either providing written notice to the Chief Executive Officer or at the meeting itself, immediately before the matter is discussed.
By whichever means the notice is given, the person presiding at the meeting must be notified, then, before the commencement of the business section of the meeting, bring the notice to the attention of the persons attending the meeting. (Section 5.66 of the Local Government Act 1995).
Councillors disclosing an interest are further required to ensure they leave the room when the matter of interest is discussed and that their departure is recorded in the minutes.
PART 2.
DISCLOSURES BY COUNCIL OFFICERS
DISCLOSURE OF FINANCIAL INTERESTS IN RETURNS
(Sections 5.75 and 5.76 of the Local Government Act 1995)
SCOPE STATEMENT
The Local Government Act 1995 introduced new provisions relating to the disclosure of financial interests in returns. Two returns are required to be completed, a primary return and an annual return.
The provisions are effective as of May 3, 1997 and persons required to complete a primary return will have three months from this date to submit their first return.
The provisions are generally in keeping with those relating to members of State Parliament.
Persons who are required to disclose their interests in returns must be aware of the possibility of that same interest needing to be disclosed at a meeting. An interest disclosed in a return which is not disclosed at a meeting, unless an exemption applies, would indicate an offence of non disclosure has been committed.
LODGEMENT OF PRIMARY RETURNS
(Section 5.75 of the Local Government Act 1995)
SCOPE STATEMENT
Council members and designated Council officers must lodge with the Chief Executive Officer a primary return in the prescribed form within three months of the start date. The Chief Executive Officer must lodge his primary return with the President. For the first year, the start day for all persons who are required to lodge a primary return is May 3, 1997.
For later years, the start day for Council members will be the day on which they make the required declaration after having been elected.
In the case of designated Council officers, the start date will be the day on which they become a designated Council officer.
LODGEMENT OF ANNUAL RETURNS
(Section 5.76 of the Local Government Act 1995)
SCOPE STATEMENT
Changes that have occurred to the status of interests disclosed in a previous return and any new financial interests obtained during the return period must be disclosed in the annual return. This would include interests that may have been bought and sold during the return period.
The first annual return will not have to be completed until after the 1997/98 financial year.
After lodgement of the initial annual return, which must occur by 31st August 1998, Council members and designated Council officers must lodge with the Chief Executive Officer, an annual return in the prescribed form by August 31 of each subsequent year. The Chief Executive Officer must lodge his annual return to the President.
DISCLOSURE OF INTERESTS AT MEETINGS
COUNCIL OFFICERS
(Section 5.70 of the Local Government Act 1995)
SCOPE STATEMENT
Council officers must disclose their interests and the interests of closely associated persons as disclosed in financial interests in returns. Disclosure is also required in relation to a person under a contract for services with a local government.
If a council officer or contracted employee is presenting a written report, via printed agenda, to a council or committee meeting on a matter in which they have an interest, the report should commence with a disclosure within its main body as to the nature of the interest. Council officers or contracted employees presenting verbal reports to council or a committee must preface their advice to the meeting by making a verbal disclosure as to the nature of the interest.
DISCLOSURE OF INTEREST RELATING TO DELEGATED FUNCTIONS
COUNCIL OFFICERS
(Section 5.71 of the Local Government Act 1995)
SCOPE STATEMENT
Council Officers who have been delegated a power or duty cannot exercise that power or discharge the duty in respect of any matter in which they have an interest. As soon as practicable after becoming aware that they have an interest, council officers must disclose the nature of the interest.
If the Chief Executive Officer has an interest to disclose, the interest is to be disclosed to the President. Other council officers disclose interests to the Chief Executive Officer.
It is then up to the Council or the Chief Executive Officer, as the case may be, to exercise the power or discharge the duty.