LGAT Submission - Managing conflicts of interest of councillors’ draft framework
Based on engagement with the local government sector, we’ve submitted our feedback on the draft ‘Managing conflicts of interest of councillors’ framework’.
We support the six guiding principles outlined in the framework and believe they will contribute to good governance and serve as a fundamental guide to decision-making, behaviour and actions.
Councils support that all conflicts of interest are to be regulated through the Local Government Act 1993 and be classified as either actual, perceived, or potential conflicts. This will introduce consistent handling of conflicts of interest compared to the current process.
We’ve noted the process outlined in the framework when an actual conflict of interest is disclosed, however, we believe that further consideration and guidance is needed for practical implementation, such as:
- How a particular councillor can be restricted from accessing certain documents, noting that agendas and minutes are published on council websites.
- Increased clarity on whose responsibility it is to restrict access to materials related to a matter where a councillor has a conflict.
The proposed framework also introduces new arrangements for submitting and managing Personal Interest Returns which is broadly supported by the sector. Based on feedback, we’ve provided several recommendations to further improve this, including:
- Disclosures must be relevant to the role and responsibilities of councillors.
- Regular training and education must be provided.
- Clear legislative provisions are required detailing information exempt from publication such as monetary values or amount of any income, shares, etc.
- Consideration should be given to the inclusion of financial thresholds for declarations, similar to Victorian legislation.
When implemented, the proposed framework will support public confidence and trust in local government decision-making and ensure that councillors’ decisions and actions are guided by ethical principles. However, to be implemented appropriately clear guidance needs to be provided on the level of information and detail to be released publicly.