Disclosures of Interest
Members are required under the Local Government Act 1995 to disclose any financial, indirect financial or proximity interest they may have in an item being brought to the Council for decision.
A member who has an interest in any matter that is to be discussed at a Council or Committee meeting, that will be attended by the member, must disclose the nature of the interest to the Chief Executive Officer before the meeting or at the meeting immediately before the matter is discussed.
This can be done in 2 ways - verbally or in writing as in section 5.65(1) (a) (b) of the Local Government Act 1995.
Employees also need to disclose interests when they are writing reports or providing advice on reports.
Types of interests
1. Direct and Indirect Financial Interest (Financial Category)
A direct financial interest is one where the member or a closely associated person specifically gain or lose financially.
Local Government Act 1995 - Section 5.60A:
A person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with in a particular by the local government, or an employee, or committee of the local government, or member of the council of the local government, result in a financial gain, loss, benefit or detriment for the person.
An indirect financial interest is one where another person requires a local government decision on a matter and the member or a closely associated person has a financial relationship with this other person.
Local Government Act 1995 - Section 5.61:
A reference to a financial relationship between a person and another person who requires a local government decision in relation to a matter.
2. Proximity Interest (Financial Category)
A person has a proximity interest if the matter concerns a proposed change to a planning scheme, zoning, development, or use affecting land that adjoins the person's land.
Adjoins means having a common boundary, or being directly across from, or being part of the throughfare, with the person's land.
Local Government Act 1995 - Section 5.60B(1) (a) (b) (c):
A person has a proximity interest in a matter if the matter concerns a proposed change to a planning scheme affecting land that adjoins the person's land; or a proposed change to the zoning or use of land that adjoins the person's land; or a proposed development (as defined in section 5.63(5)) of land that adjoins the person's land.
Local Government Act 1995 - Section 5.60B(3):
A reference to a person's land is a reference to any land owned by the person or in which the person has any estate or interest.
A person's land is any land that the person either owns or has any interest in. This interest is treated in the same way a s a financial interest and the member must declare and leave the room.
3. Impartiality Interest (Relationship Category)
Local Government (Administration) Regulations 1996 - Section 19AA:
An impartiality interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest; and includes an interest arising from kinship, friendship or membership of an association.
An Elected Member who makes a disclosure for financial interest, indirect financial interests or proximity interests must not preside at the part of the meeting relating to the matter or participate in, or be present during, any discussion or decision-making procedure relating to the matter, as per Section 5.67 of the Local Government Act 1995.
Disclosure of Interest Registers
As per regulation 28 of the Local Government (Administration) Regulation 1996 a register of interests is to be kept in relation to each disclosure made under sections 5.65, 5.70, 5.71 or 5.71A of the Local Government Act 1995.
Current Register
- Disclosure of interest Register - 2025
Previous Registers
- Disclosure of interest Register - 2024
- Disclosure of interest Register - 2023
- Disclosure of interest Register - 2022
- Disclosure of interest Register - 2021
- Disclosure of Interest Register - 2020