1 Introduction
1.1 The Code of Conduct sets the requirements for members of the Planning Assessment Commission (PAC) in carrying out their functions.
1.2 The Code has been developed to assist PAC members to:
- understand the standards of conduct that are expected of them;
- enable them to fulfil their duty to act honestly and exercise a reasonable degree of care and diligence; and
- act in a way that enhances public confidence in the integrity of the PAC.
1.3 In undertaking their role, Commission members are to have regard to the principles set out in the Conduct Guidelines for Members of NSW Government Boards and Committees, Premiers Department NSW, November 2001.
1.4 Commission members are subject to the Ombudsman Act 1974 and the Independent Commission Against Corruption Act 1988.
2 Conflicts of Interest and Perceived Conflict of Interest
2.1 Commission members need to consider the potential for actual or perceived conflict of interest in undertaking their functions.
2.2 A conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out a public duty.
2.3 The potential for perceived bias occurs when a member has prior involvement with a case or a related case, or are known to have a preconceived opinion on the matter before the commission which would prevent them from forming an independent view based on the merits of the particular case.
2.4 Commission members should avoid or appropriately manage any conflict of interests and take appropriate action to manage the conflict in favour of their public duty.
2.5 Private interests can be of two types: pecuniary and non pecuniary.
2.6 A Commission member is the only person aware of the potential for conflict. It is therefore a Commission member’s responsibility to avoid any pecuniary or non-pecuniary interest that could compromise the impartial performance of his/her duties as a Commission member.
Pecuniary Interest
2.7 Pecuniary interest is defined as an interest that a person has in a matter because of a likelihood or expectation of appreciable financial gain or loss to the person or reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is
associated.
2.8 Schedule 3, Clause 11 of the Environmental Planning and Assessment Act 1979, sets out the provisions for the disclosure of pecuniary interests and is Attachment 1 of this Code. In brief, these provisions include:
- If a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by a Commission, and the interest appears to raise a conflict with the proper performance of the member’s duties, the member must, as soon as possible after the relevant facts have come to the member’s knowledge disclose the nature of the interest at a meeting of the Commission.
- All disclosures must be recorded by the PAC in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the PAC.
- After a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the Commission with respect to the matter, or take part in any decision of the Commission with respect to the matter unless the Minister or relevant Commission determines otherwise.
2.9 Commission members are required to declare any private interests that may conflict with public duties they would be required to perform as a member of the Commission.
Non-pecuniary interest
2.10 Non pecuniary interests means private or personal interests the person has that do not amount to a pecuniary interest including a family or personal relationship; membership of an association, society or trade union; or involvement or interest in an activity which may include a financial interest.
2.11 Where a Commission member has a non-pecuniary interest that conflicts with his/her role with the Commission they must disclose the interest fully and in writing, even if the conflict is not significant, it must be disclosed to the Commission chair and Chair of the PAC immediately.
Managing non-pecuniary conflict of interest
2.12 Management of non-pecuniary conflict of interest includes:
- No action is required if the potential for conflict is minimal or can be managed by disclosure
- Removing the source of the conflict such as relinquishing or divesting the personal interest that creates the conflict.
2.13 As a general rule a non-pecuniary interest may become a significant issue if it involves a family or personal relationship. It may be necessary for the Commission member to disqualify himself or herself from the Commission. Failure to notify could constitute a breach of this Code.
3 Use of official information
3.1 Commission members shall not use information obtained in the course of carrying out their duties for any purpose other than the proper exercise of the Commission’s functions.
3.2 Any confidential information provided to the Commission shall be treated as confidential.
3.3 Commission members must not disclose any material or information received as a result of the commission process unless authorised by the Chair of the PAC or when required to do so by law. In these cases comments should be confined to factual information and members should not express opinion or comment on the Commission’s deliberation.
Endorsed By
Gabrielle Kibble
Chairman
NSW Planning Assessment Commission
Dec 2008
ATTACHMENT ONE
Environmental Planning and Assessment Act 1979
Schedule 3 Planning Assessment Commission
Part 2 Members
Clause 11 Disclosure of pecuniary interests
(1) If:
(a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the Commission, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.
(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of:
(a) the member, or
(b) the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or
(c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
(3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2)(b) or (c):
(a) if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or
(b) just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or
(c) just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.
(4) A disclosure by a member at a meeting of the Commission that the member, or a spouse, de facto partner, relative, partner or employer of the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person, is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(5) Particulars of any disclosure made under this clause must be recorded by the Commission in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Commission.
(6) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Commission otherwise determines:
(a) be present during any deliberation of the Commission with respect to the matter,
or
(b) take part in any decision of the Commission with respect to the matter.
(7) For the purposes of the making of a determination by the Commission under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Commission for the purpose of making the determination, or
(b) take part in the making by the Commission of the determination.
(8) A contravention of this clause does not invalidate any decision of the Commission.