AGY-1112 | Local Government Pecuniary Interest Tribunal

Full description

The Local Government Act, 1993 (Act No. 30 1993) established the Local Government Pecuniary Interest Tribunal to inquire into allegations of failure to disclose pecuniary interests. All councillors, council delegates and other persons involved in making decisions or giving advice on council matters were required to disclose their interests where "there is a reasonable likelihood or expectation of appreciable financial gain or loss". (1) The actual decision-maker may also have a pecuniary interest in a matter where their associate, spouse, relative, partner, nominee, business partner, or employer or other body stands to gain or lose through a particular outcome. (2)

The Pecuniary Interest Tribunal consists of one part-time member, appointed by the Governor, who is a barrister or solicitor eligible for appointment as a District Court or Supreme Court Judge, and who has not been a councillor or an employee of a council within the last 12 months. (3) In cases where a complaint against a councillor is proven, the person concerned may be counselled, reprimanded, suspended or disqualified from holding civic office for a set period. The Tribunal can recommend specific disciplinary action or dismissal if the offender is a Council employee. (4) Decisions of the Tribunal can be appealed to the Supreme Court. (5)

The Local Government Pecuniary Interest Tribunal heard its first full matter in March 1995. (6)

FOOTNOTES

(1) Local Government Act (No. 30 1993) Section 442 (1).
(2) Ibid Section 443 1 & 2.
(3) Ibid Section 488.
(4) Ibid Section 482.
(5) Ibid Section 485.
(6) Annual Report of the Department of Local Government for the year ended 30 June 1995, page 6.