University of Newcastle Act 1989 No 68
Current version for 26 August 2014 to date (accessed 19 December 2014 at 17:32)
Schedule 2A

Schedule 2A Duties of Council members

(Section 21F)

1   Duty to act in best interests of University

A member of the Council must carry out his or her functions:
(a)  in good faith in the best interests of the University as a whole, and
(b)  for a proper purpose.

2   Duty to exercise care and diligence

A member of the Council must act honestly and exercise a reasonable degree of care and diligence in carrying out his or her functions.

3   Duty not to improperly use position

A member of the Council must not make improper use of his or her position:
(a)  to gain, directly or indirectly, an advantage for the member or another person, or
(b)  to cause detriment to the University.

4   Duty not to improperly use information

A member of the Council must not make improper use of information acquired because of his or her position:
(a)  to gain, directly or indirectly, an advantage for the member or another person, or
(b)  to cause detriment to the University.

5   Disclosure of material interests by Council members

(1)  If:
(a)  a member of the Council has a material interest in a matter being considered or about to be considered at a meeting of the Council, and
(b)  the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.
(2)  A disclosure by a member of the Council at a meeting of the Council that the member:
(a)  is a member, or is in the employment, of a specified company or other body, or
(b)  is a partner, or is in the employment, of a specified person, or
(c)  has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3)  Particulars of any disclosure made under this clause must be recorded by the Council in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of a reasonable fee determined by the Council.
(4)  After a member of the Council has disclosed the nature of an interest in any matter, the member must not, unless the Council otherwise determines:
(a)  be present during any deliberation of the Council with respect to the matter, or
(b)  take part in any decision of the Council with respect to the matter.
(5)  For the purpose of the making of a determination by the Council under subclause (4), a member of the Council who has a material interest in a matter to which the disclosure relates must not:
(a)  be present during any deliberation of the Council for the purpose of making the determination, or
(b)  take part in the making by the Council of the determination.
(6)  A contravention of this clause does not invalidate any decision of the Council.
(7)  This clause does not prevent a person from taking part in the consideration or discussion of, or from voting on any question relating to, the person’s removal from office by the Council pursuant to section 21G or the person’s remuneration pursuant to clause 10 of Schedule 1.
(8)  This clause applies to a member of a committee of the Council and the committee in the same way as it applies to a member of the Council and the Council.
(9)  For the purposes of this clause, a member has a material interest in a matter if a determination of the Council in the matter may result in a detriment being suffered by or a benefit accruing to the member or an associate of the member.
(10)  In this clause:

associate of a member means any of the following:

(a)  the spouse, de facto partner, parent, child, brother or sister, business partner or friend of the member,
(b)  the spouse, de facto partner, parent, child, brother or sister, business partner or friend of a person referred to in paragraph (a) if that relationship is known to the member,
(c)  any other person who is known to the member for reasons other than that person’s connection with the University or that person’s public reputation.
Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.

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