Misuse of position
Please find below the Misuse of Position section of the Yarra Councillors' Code of Conduct:
2. Misuse of Position:- Section 76D of the Act
(1) A person who is, or has been, a Councillor or member of a special committee
must not misuse his or her position-
a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person, or
b) to cause, or attempt to cause, detriment to the Council or another person.
Penalty: 600 penalty units or imprisonment for five years or both.
(2) For the purposes of this section, circumstances involving the misuse of a position by a person who is, or has been,
a Councillor or member of a special committee include-
a) making improper use of information acquired as a result of the position he or she held or holds, or
b) disclosing information that is confidential information within the meaning of section 77(2), or
c) directing or improperly influencing, or seeking to direct or improperly influence, a member of Council staff in contravention of section 76E, or
d) exercising or performing, or purporting to exercise or perform, a power, duty or function that he or she is not authorised to exercise or perform, or
e) using public funds or resources in a manner that is improper or unauthorised or
f) failing to disclose a conflict of interest as required under this Division.
(3) This section -
a) has effect in addition to, and not in derogation from, any Act or law relating to the criminal or civil liability of Councillors or members of special committees, and
b) does not prevent the institution of any criminal or civil proceedings in respect of that liability.
Further Information
Ivan Gilbert
Executive Manager – Governance
9205 5110
Ivan.Gilbert@yarracity.vic.gov.au
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