11 Form of disclosure
(1) A notice under clause 10 must—
- (a) be in writing, signed by the Minister, and
- (b) specify the nature and extent of the relevant interest, the matter to which it relates, and the reason why a conflict of interest arises, and
- (c) be placed on the Ministerial Register of Interests.
(2) If during a meeting of the Executive Council, the Cabinet or a Cabinet Committee a matter arises in which a Minister has a conflict of interest the Minister must (whether or not the Minister has previously given notice to the Premier):
- (a) as soon as practicable after the commencement of the meeting, disclose to those present the conflict of interest and the matter to which it relates, and
- (b) ensure that the making of the disclosure is recorded in the official record of the proceedings, and
- (c) abstain from decision-making if required by, and in accordance with, clause 12, and
- (d) if notice of the conflict of interest has not previously been given to the Premier under subclause (1)—give such notice as soon as practicable after the meeting in accordance with that subclause.
12 Minister to abstain from decision-making
(1) A Minister who has a conflict of interest in a matter must abstain from making, or participating in, any decision or from taking, or participating in, any action in relation to the matter.
(2) However, the Premier may, if satisfied that no conflict of interest arises or that any potential conflict of interest can be appropriately managed, make a ruling authorising the Minister to continue to act.
(3) A Minister who has a conflict of interest in a matter arising during a meeting of the Executive Council, the Cabinet or a Cabinet Committee must:
- (a) abstain from participating in any discussion of the matter and from any decision-making in respect of it, and
- (b) unless the Premier (or the chair of the meeting in the absence of the Premier) otherwise approves—not be present during any discussion or decision-making on it.
13 Discretion to disclosure and abstain
A Minister may, if they have some other substantial personal connection with a matter or for any other reason, disclose an interest and abstain from decision-making in relation to a matter in accordance with this Part even if the interest might not comprise a conflict of interest.
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27 Rulings
(1) A Minister must, when applying for a ruling from the Premier, include with the application an accurate statement of all material information that is relevant to the decision whether to give the ruling. A ruling that is obtained on the basis of inaccurate or incomplete information is not effective and may not be relied upon by the Minister for the purposes of the NSW Ministerial Code of Conduct.
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(5) A ruling in respect of the Premier may be given if approved by the Cabinet.
205 The applicant submitted before the Commission and submits to this Court that the conflicts of interest provision in s 7 of the Code is to be construed as not applying to the Premier. That was said to be the position notwithstanding that the definition of "Minister" includes "any Member of the Executive Council of New South Wales" (s 11), and accordingly the Premier; and notwithstanding that s 1(2) of the Code states that it "applies to all current and future Ministers and Governments". Moreover, s 35E(1) of the
