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A councillor has a conflict of interest if their decisions are, or may be seen to be, influenced by their personal interests.

A conflict of interest exists when a reasonable member of the public with the proper information would think that the conflict is unacceptable and might inappropriately influence a local government's decision or action or lead to a decision that is not in the public interest (Local Government Act 2009, section 173; City of Brisbane Act, section 175).

Councillor must declare conflict of interest

You must tell the local government of your interest if you have a real or perceived conflict of interest in a matter before the local government (for example, to a personal or family relationship or because of an election gift).

You must then decide on the most appropriate action to take, depending on the level and type of your interest and your capacity for placing the public interest ahead of your own.

For example, if you:

The appearance of a conflict of interest can be as serious as an actual conflict because it undermines public confidence in the local government.

Exceptions

The legislation does provide some exceptions. A councillor does not have a conflict of interest if the:

or merely because he or she:

Failure to declare a conflict of interest

If you fail to declare or appropriately deal with a conflict of interest you may be guilty of misconduct.

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