The Villaburg Regional Council is considering allocating funds for the upgrade of sporting facilities in Leafy Park, which is used weekly by the local cricket, tennis and croquet clubs. Councillor Penn is a member of the cricket club, which would benefit from the upgrade of the facilities.
Does Councillor Penn have a perceived conflict of interest?
Yes
No
Correct
Councillor Penn has a perceived conflict of interest as it is in her personal interest for the cricket facilities to be improved.
Incorrect
The correct answer is Yes. Councillor Penn has a perceived conflict of interest as it is in her personal interest for the cricket facilities to be improved.
Does Councillor Penn have a material personal interest?
Yes
No
Correct
Councillor Penn does not have a material personal interest as she does not stand to financially gain a benefit, or suffer a loss, as a result of the outcome.
Incorrect
The correct answer is No. Councillor Penn does not have a material personal interest as she does not stand to financially gain a benefit, or suffer a loss, as a result of the outcome.
Is it ok for Councillor Penn to participate in the debate on this issue, as long as she doesn’t vote?
Yes
No
Correct
Councillor Penn calls a point of order and informs the chairperson of her personal interest in the matter and how there may be a perceived conflict of interest between her personal interest and the public interest. Councillors discuss/debate the matter and agree Councillor Penn has a potential conflict of interest.
Section 17Councillor Penn leaves the meeting (including any area set aside for the public). Council debates and decides on the upgrade of the sporting facilities. Councillor Penn then returns to the meeting.
The Minutes of the meeting would record:
the nature of Councillor Penn’s conflict of interest and her withdrawal from the meeting
the resolution of council
how the majority of councillors voted.
Incorrect
The correct answer is No. Councillor Penn calls a point of order and informs the chairperson of her personal interest in the matter and how there may be a perceived conflict of interest between her personal interest and the public interest. Councillors discuss/debate the matter and agree Councillor Penn has a potential conflict of interest.
Section 17Councillor Penn leaves the meeting (including any area set aside for the public). Council debates and decides on the upgrade of the sporting facilities. Councillor Penn then returns to the meeting.
The Minutes of the meeting would record:
the nature of Councillor Penn’s conflict of interest and her withdrawal from the meeting
the resolution of council
how the majority of councillors voted.
If all but two councillors are members of the cricket club, do those two councillors make the decision?
Yes
No
Correct
If the majority of councillors declares they are also members of the cricket club, resulting in the loss of a quorum, then all councillors would remain in the meeting (section 173(6) of the Act). Council debates the upgrade of the sporting facilities and the Minutes of the meeting would record:
the names of all councillors who declared a conflict of interest and the nature of their interest
the resolution of council
how the majority of councillors voted.
Incorrect
The correct answer is No. If the majority of councillors declares they are also members of the cricket club, resulting in the loss of a quorum, then all councillors would remain in the meeting (section 173(6) of the Act). Council debates the upgrade of the sporting facilities and the Minutes of the meeting would record:
the names of all councillors who declared a conflict of interest and the nature of their interest
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