A Register of Interests must be kept by the chief executive officer of the council, detailing the financial and non-financial interests of each councillor and their immediate family. The CEO must not delegate the power to keep a Register of Interests.
A local government must ensure a public extract of a Register of Interests for councillors may be inspected by the public at the local government’s public office and on its website. The public extract will include information in the register relating to:
gifts received
hospitality benefits received
memberships of organisations.
A councillor must advise the CEO (on the prescribed form) within 30 days of knowing there has been a change in their status in the register.
The inclusion of a personal interest on a councillor’s register of interest does not make the councillor exempt from making a declaration of either a material personal interest or a conflict of interest at a council meeting.
Legislation extracts
Local Government (Operations) Regulation 2010
106 Contents of registers of interests
106 Contents of registers of interests
(1) A register of interests of the following persons must contain the financial and non-financial particulars mentioned in schedule 3—
(a) councillors;
(b) chief executive officers;
(c) senior contract employees;
(d) a person who is related to a councillor, chief executive officer or senior contract employee.
(2) For subsections (3), (4) and (5), the relevant person is a councillor, chief executive officer or senior contract employee.
(3) However, the register of interests of a relevant person must contain only the particulars about interests held by the relevant person—
(a) alone; or
(b) jointly, or in common, with a person who is related to the relevant person.
(4) Also, a register of interests of a person who is related to a relevant person must contain only the particulars about interests held by the person—
(a) alone; or
(b) jointly, or in common, with the relevant person.
(5) If a relevant person’s interests held jointly, or in common, with a person who is related to the relevant person are included in the register of the relevant person’s interests, the interests need not be included in the register of interests of the person who is related to the relevant person.
107 Obligation to notify if interest in register no longer correct
107 Obligation to notify if interest in register no longer correct
(1) Subsection (2) applies if a councillor knows—
(a) of an interest that must be recorded in a register of interests under section 106 in relation to the councillor or a person who is related to the councillor; or
(b) that particulars of an interest recorded in a register under section 106 in relation to the councillor or a person who is related to the councillor are no longer correct.
(2) The councillor must, in the approved form, inform the chief executive officer of the interest or the correct particulars within 30 days after the councillor knows of the interest or correct particulars. Maximum penalty—85 penalty units.
(3) Subsection (4) applies if the chief executive officer knows—
(a) of an interest that must be recorded in a register of interests under section 106 in relation to the chief executive officer or a person who is related to the chief executive officer; or
(b) that particulars of an interest recorded in a register under section 106 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.
(4) The chief executive officer must, in the approved form, inform the mayor of the interest or the correct particulars within 30 days after the chief executive officer knows of the interest or correct particulars. Maximum penalty—85 penalty units.
110 Public extract of registers of interests
110 Public extract of registers of interests
(1) The local government must ensure a public extract of a register of interests for councillors may be inspected by the public—
(a) at the local government’s public office; and
(b) on its website.
(2) A public extract, of a register of interests for councillors, is the information included in the register of interests if the information relates to any of the following—
(a) gifts received;
(b) hospitality benefits received, including sponsored hospitality benefits;
(c) memberships of organisations.
280 Registers
280 Registers
(1) A register under a repealed LG Act continues as if it were made under this Act.
(2) A register includes—
(a) a register of delegations; and
(b) a register relating to enterprises; and
(c) a register of interests; and
(d) a register of regulatory fees; and
(e) a register of assets and gifts.
259 Delegation of chief executive officer powers
259 Delegation of chief executive officer powers
(1) A chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the local government.
(2) However, the chief executive officer must not delegate the following powers—
(a) a power delegated by the local government, if the local government has directed the chief executive officer not to further delegate the power;
(b) a power to keep a register of interests;
(c) the power to sign a drafting certificate for a local law.