Legislative Assembly (MEMBERS' Code Of Conduct And Ethical Standards) Act 2008 (NT)
NORTHERN TERRITORY OF AUSTRALIA
LEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND ETHICAL STANDARDS) ACT 2008
As in force at 9 October 2009
northern territory of australia
As in force at 9 October 2009
LEGISLATIVE ASSEMBLY (MEMBERS' CODE OF CONDUCT AND ETHICAL STANDARDS) ACT 2008
An Act to establish a Code of Conduct and Ethical Standards for Members of the Legislative Assembly and to provide for enforcement of the Code and related purposes
This Act may be cited as the
This Act commences on the date fixed by the Administrator by
In this Act:
The Code is established.
(1) The Assembly may refer an alleged breach of the Code to the Privileges Committee to inquire into and report on the alleged breach.
(2) If the Privileges Committee finds the breach established, the Assembly may punish the breach as a contempt.
section 4
The
The Code establishes principles of ethical conduct, and standards of behaviour, for members.
The principles of ethical conduct fall under 4 main heads:
(a) integrity; and
(b) accountability; and
(c) responsibility; and
(d) the public interest.
The Code states rules and standards of conduct that are implicit in these principles. However, the Code is not to be regarded as an exhaustive statement of the implications of these principles and, in a situation that is not explicitly covered by the Code, the member must use the member’s own judgment to determine an appropriate course of conduct conforming with these principles.
In case of conflict between the Code and the Assembly’s Standing Orders or other Standards, the Code prevails.
The Assembly may refer an alleged breach of the Code to the Privileges Committee, and if the Committee finds a breach established, may punish it as a contempt of the Assembly.
1 Integrity
Members must act with integrity in the exercise of official functions.
2 Conflict of interest
Members must avoid conflicts, or apparent conflicts, between their private interests and their official functions.
3 Declaration of interests
A member must not vote in any division on a question affecting a declarable interest unless the member has first declared the interest to the Assembly.
A declarable interest is:
(a) an interest the member has disclosed, or is required to disclose, under the
Legislative Assembly (Disclosure of Interests) Act 2008 (including such an interest held by a related person within the meaning of that Act); or(b) an interest of a company or business for which the member acts, for remuneration, as a consultant or adviser.
The declaration must be made:
(a) if the member participates in debate on the matter – at the beginning of the member’s speech; or
(b) if the member does not participate in debate on the matter – before, or as soon as practicable after, a vote is taken on the question.
4 Commitment
A member must not engage in any other employment or business activity that involves a substantial commitment of time and effort.
5 Honesty
Members must act honestly in all their official dealings, and must take care not to mislead the Assembly or the public.
6 Respect for confidences
A member must respect the confidentiality of information obtained in confidence in the member’s official capacity.
A member must not make improper use of confidential information obtained in an official capacity to gain a private benefit.
7 Gifts
A member must not solicit or encourage a gift or private benefit from a constituent or other person with whom the member deals in an official capacity.
However, a member may accept an unsolicited gift or private benefit and disclose the gift or benefit if required under the
8 Government contracts
A member must not hold a direct or indirect interest in a contract or arrangement for the provision of goods or services to or for the Territory or an agency or instrumentality of the Territory.
9 Accountability
Members are accountable to the Assembly, their constituents and the public generally.
10 Responsibility
Members must act in accordance with the principle of responsibility.
This means members must endeavour to ensure their decisions reflect a proper consideration of all relevant matters, including the reasonably foreseeable consequences for those likely to be affected by their decisions.
Members must also foster, by their conduct in office, respect for democratic institutions, rights and freedoms and the principles of good governance. In particular, members must foster the following:
(a) respect for the institution of the Parliament;
(b) respect for the Rule of Law;
(c) recognition of the value of social and cultural diversity;
(d) fairness and integrity in official decision-making;
(e) freedom of reporting by media;
(f) the independence of the public service;
(g) freedom of speech;
(h) access to justice.
A member’s conduct in office should be exemplary in regard to the member’s work ethic and standards of ethical behaviour.
Members must manage, economically and responsibly, the resources and facilities provided to them and their staff at public expense.
Members must recognise the public service as a non-partisan public resource, and treat public servants in accordance with established conventions of public service neutrality.
11 Public interest
In performing official functions, members must act in what they genuinely believe to be the public interest.
In particular, members must seek to ensure their decisions and actions are based on an honest, reasonable, and properly informed judgment about what will best advance the common good of the people of the Territory.
The public’s confidence in the institutions of government is strengthened when members demonstrate the highest standards of professional competence, efficiency and effectiveness, uphold the laws of the Territory, and seek to advance the common good of the people of the Territory at all times.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 8 December 2008 |
Commenced | 9 October 2009 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
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