Page 1786 - Week 05 - Thursday, 11 May 2017

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43C  Agency board members duty of good conduct

(1) An agency board member has a duty to the Minister when acting as a board member—

(a) to act in good faith; and

(b) not to pursue personal interests at the expense of the agency’s interests; and

(c) not to use board membership to gain personal advantage; and

(d) not to cause detriment to the agency or undermine the reputation of the agency; and

(e) to act in the best interest of the community.

Note  The duty set out in this section supplements the requirements under the Financial Management Act 1996, pt 8 (Financial provisions for territory authorities) and pt 9 (Governance of territory authorities) and the requirements under the Public Sector Management Act 1994, div 2.1 (Public sector standards).

(2) The agency must report to the Legislative Assembly any allegation made to the agency in relation to an agency board member’s failure to comply with the member’s duty under this section within 5 days after the day the agency receives the allegation.

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Proposed new clause 43D

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insert

43D  Record of board members’ material interests 

(1) This section applies if an agency board member discloses to the agency board (a member disclosure) a material interest in an issue being considered, or about to be considered, by the board.

Note  The board member must disclose the nature of the material interest at a board meeting as soon as practicable after the relevant facts come to the board member’s knowledge (see Financial Management Act 1996, s 88).

(2) The agency board must—

(a) publish the member disclosure; and

(b) keep a permanent public record of the member disclosure.

(3) In this section:

material interest—see the Financial Management Act 1996, section 88.

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Proposed new clause 44 (2) (g)

Page 25, line 15—

insert

(g) commercial expertise.

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Proposed new clause 44 (3) and (4)

Page 25, line 15—

insert

(3) A member must not—

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