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6 Duty to act honestly and in the public interest

A Minister, in the exercise or performance of their official functions, must not act dishonestly, must act only in what they consider to be the public interest, and must not act improperly for their private benefit or for the private benefit of any other person.

7 Conflicts of interest

(1) A Minister must not knowingly conceal a conflict of interest from the Premier.

(2) A Minister must not, without the written approval of the Premier, make or participate in the making of any decision or take any other action in relation to a matter in which the Minister is aware they have a conflict of interest.

(3) A conflict of interest arises in relation to a Minister if there is a conflict between the public duty and the private interest of the Minister, in which the Minister's private interest could objectively have the potential to influence the performance of their public duty. Without limiting the above, a Minister is taken to have a conflict of interest in respect of a particular matter on which a decision may be made or other action taken if:

(a) any of the possible decisions or actions (including a decision to take no action) could reasonably be expected to confer a private benefit on the Minister or a family member of the Minister, and

(b) the nature and extent of the interest is such that it could objectively have the potential to influence a Minister in relation to the decision or action.

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11 Definitions

In this Code (including the Schedule), and unless the context otherwise requires:

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family member, in relation to a Minister, means:

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(e) any other person with whom the Minister is in an intimate personal relationship.

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Minister includes:

(a) any Member of the Executive Council of New South Wales, and

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private benefit means any financial or other advantage to a person (other than the State of New South Wales or a department or other government agency representing the State), other than a benefit that—

(a) arises merely because the person is a member of the public or a member of a broad demographic group of the public and is held in common with, and is no different in nature and degree to, the interests of other such members, or

(b) comprises merely the hope or expectation that the manner in which a particular matter is dealt with will enhance a person's or party's popular standing.

ruling means a ruling by the Premier, in accordance with clause 27 of the Schedule to this Code, under clause 1(1) or (4), 2(3), 3(5) or 12(2) of the Schedule.

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Schedule to the NSW Ministerial Code of Conduct

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Part 3 Conflicts of interest

10 Duty to disclose

(1) A Minister must promptly give notice to the Premier of any conflict of interest that arises in relation to any matter.

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