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2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

CHIEF MINISTER

LEGISLATIVE ASSEMBLY (MEMBERS’ CODE OF CONDUCT AND ETHICAL STANDARDS) BILL 2008
SERIAL NO. 12

EXPLANATORY STATEMENT

GENERAL OUTLINE

§	The Bill puts in place enforceable principles of ethical conduct, and standards of behaviour for Members of the Legislative Assembly.

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Legislative Assembly (Members’ Code of Conduct and Ethical Standards) Act 2007.

Clause 2.	Commencement

Specifies that the Act commences on the date fixed by the Administrator by Gazette notice.

Clause 3.	Definitions

Defines key words used in the Act.

Clause 4.	Establishment of the Code

Indicates that the code as set out in the schedule to the Act is in operation once the Act has commenced.

Clause 5.	Enforcement of the Code

Provides that breaches of the Code may be referred to the Legislative Assembly’s Privileges Committee for investigation and report.  If the Committee finds that a breach has been established the Assembly may punish it as contempt of Parliament.

SCHEDULE

Part 1 – Introduction

Provides an overview of the Code, the principles of ethical conduct, it also notes that the Code is not intended to be exhaustive and that it is to be read in conjunction with other relevant laws, standing orders, the Member’s own judgment and other standards established by the Assembly from time to time.

The four main areas of ethical conduct are categorized under the headings integrity, accountability, responsibility and the public interest.

Part 2 – Principles, Standards and Commentary

1.	Integrity

Members must act with integrity in the exercise of official functions, duties and responsibilities.

2.	Conflict of Interest

Members must avoid conflicts, or apparent conflicts, between their private interests and their official functions and responsibilities.

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.

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, gained in an official capacity, and must not make improper use of it 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.  (Specified unsolicited gifts and benefits have to be declared under the Disclosure of Interests legislation).

8.	Government Contracts

A Member must not hold (directly or indirectly) an interest in a contract or arrangement for the provision of 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, that is they must endeavour to ensure that 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.

11.	The 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 that 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.