99; [1915] HCA 92). Two things should be noted. First, although the principal as stated expressly extends to being influenced by "personal financial considerations", it is not confined to being so influenced. Secondly, "personal financial considerations" were not in play, as far as the applicant was concerned.
152 That duty is breached if a member and or Minister is influenced in the exercise of a public function or power by considerations other than proper considerations, and irrespective of whether those other considerations arise from a pecuniary or nonpecuniary private interest.
153 The position under the Ministerial Code is not relevantly different. A "private benefit" (s 11 of the Code) as defined means "any financial or other advantage" (emphasis added), with limited exceptions. Section 6 of the Code prohibits a Minister from acting "improperly" for "their private benefit or the private benefit of any other person".
154 The definition of "conflict of interest" in's 7(3) also applies in the Schedule to the Code (s 11 of the Code). It describes the circumstances in which a conflict of public duty and private interest will arise for a Minister. In such circumstances, the Minister must abstain from making or participating in any decision with respect to the particular matter; and must also abstain from taking or participating in any action in relation to the matter (Sch cl 12(1)).
155 In this context, the references to a "private interest" of a Minister are to "private benefits" which could reasonably be expected to be conferred on the Minister or a "family member" as a consequence of the making of a decision or the taking of any action in the exercise of a public function or power (s 7(3) of the Code). A "family member" includes a person with whom the Minister "is in an intimate personal relationship" (s 11).
156 Most relevantly, whether there is a conflict between the Minister's public duty and private interest depends solely on whether that interest (being the expectation of the private benefit) "could objectively have the potential to influence the performance of [the Minister's] public duty".
157 The Code and Schedule contain no provisions which indicate that a close personal relationship, and any benefit enjoyed or secured by maintaining and advancing it, is not capable of constituting a "private interest" within the meaning of the Code. Clause 13 of the Schedule contemplates that Ministers "may" if they have "some other substantial personal connection" with a matter, or for any other reason, disclose an interest, even if the interest "might not comprise a conflict of interest". Other provisions in the Code describe "private benefits" in terms which are capable of including non-pecuniary advantages (see, for example, s 8, the reference there being to "any private benefit", as well as ss 9 and 10). Indeed, it is worth repeating that the definition of "private benefit" in's 11 is "any financial or other advantage to a person…" (emphasis added).
158 Ultimately, the applicant's argument as put by reference to the terms of the Code misconstrues the expression "private interest" where used in the definition of "conflict of interest" in's 7(3) of the Code. The argument starts from the position that this
