Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 131B

Consultant to disclose conflict of interest

  (1)   A person engaged under subsection   131A(1) as a consultant in relation to any assistance, mediation or review being provided by the Tribunal who has a conflict of interest in relation to the assistance, mediation or review must disclose the matters giving rise to that conflict to:

  (a)   the President of the Tribunal; and

  (b)   the persons to whom the Tribunal is providing the assistance, mediation or review.

Requirement for consent

  (2)   The person must not perform his or her duties as a consultant in relation to the assistance, mediation or review unless the President and the persons to whom the Tribunal is providing the assistance, mediation or review consent.

Meaning of conflict of interest

  (3)   For the purposes of this section, a person engaged under subsection   131A(1) as a consultant in relation to any assistance, mediation or review being provided by the Tribunal has a conflict of interest in relation to the assistance, mediation or review if the person has any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her duties as a consultant in relation to the assistance, mediation or review.

Conflict of interest at a particular time

  (4)   Without limiting subsection   (3), a person engaged under subsection   131A(1) as a consultant in relation to any assistance, mediation or review being provided by the Tribunal has a conflict of interest at a particular time in relation to the assistance, mediation or review if:

  (a)   at that time, the person is employed by, or engaged as a consultant to, an organisation that has an interest in the matter in relation to which the assistance, mediation or review is being provided; or

  (b)   at any time in the 12 months immediately before that time, the person was so employed or engaged.