3.4 Declaration of Interests

3.4.1 Ministers

Declaration of interests

Ministers, like all Members of the Legislative Assembly, must comply with the requirements of chapter 4, part 2A of the Parliament of Queensland Act 2001 regarding the provision of a statement of interests for recording on the Register of Members’ Interests, and the Register of Members’ Related Persons Interests (the Registers), held by the Clerk of the Parliament.

Within one month of taking office, Ministers must provide the Premier a copy of the statement of interests and confirm in writing that:

• the statement has been provided to the Clerk
• there are no other personal pecuniary or other interests that might affect their ministerial responsibilities (at that time).

If there is a change to a Minister’s interests, Ministers must notify the Clerk and the Premier.

Conflicts of interests

Conflicts of interest arise when decision-makers have official obligations and responsibilities associated with a particular interest. This is because the interests that a Minister might have can bring into question their independence and impartiality, and this may lead to a decision that is not in the public interest.

Ministers are obliged to manage and resolve interest issues in accordance with the processes set out in the Ministerial Code of Conduct, and any guide developed by the Integrity Commissioner. This ensures that all conflicts of interest are managed in a way that encourages public trust in Government.

3.4.2 Staff members

Declaration of Interests

Section 24 of the Ministerial and Other Office Holder Staff Act 2010 requires Ministerial staff members to submit a Declaration of Interests form to their Minister:

• within one month of commencing employment as a Ministerial staff member
• within one month of the change of the Minister
• as soon as practicable, and within one month of any change to the Ministerial staff member’s interests
• on an annual basis during June each year advising if any interests have changed.

Declaration of Interest form (PDF, 104 KB) is at APPENDIX 1.

The relevant Chief of Staff and Minister should sign and date all completed declarations.

Conflict of Interests

Ministerial staff members must perform their duties in a fair and unbiased way, ensuring that decisions made in the course of their duties are not affected by self-interest, private affiliations or the likelihood of personal gain or loss.

Ministerial staff members are personally responsible for managing conflicts of interest between their personal interests and their official duties. Conflicts of interests are to be managed transparently and resolved in the public interest.

Where a Ministerial staff member’s personal interest has the potential to improperly influence the performance of their official duties, the staff member must ensure that the conflict is managed in accordance with the process outlined in this Handbook and the Code of Conduct - Ministerial Staff Members.

Where a staff member identifies a potential conflict of interest, the staff member must prepare a Conflict of Interest/Other Employment Management Plan (PDF, 121 KB) (APPENDIX 2) and submit the management plan to their Minister as soon as possible after, and within one month of becoming aware of the potential conflict.

Ministerial staff members are encouraged to consult the Queensland Integrity Commissioner in preparation of the management plan.

Where it is not possible for a Ministerial staff member to declare a conflict of interest in writing (for example, where the conflict is identified in a meeting), the staff member should:

• verbally disclose the interest
• if identified during a meeting - make sure the disclosure is included in their meeting notes and remove themselves from the meeting / stop or postpone the meeting
• submit the written management plan as soon as possible after the conflict of interest has been identified.

The Ministerial staff member must comply with the management plan.

Penalty provisions

Staff members who knowingly fail to comply with the above requirements regarding declaration and conflicts of interests, or knowingly provide false or misleading information to the Minister, may, upon the advice of the Minister, have their employment terminated by the Director-General, Department of the Premier and Cabinet immediately.

Disposal of register

All details of pecuniary interests provided to the Minister shall become the property of the Crown and are not returned to the staff member. Disposal of details of pecuniary interests will be in accordance with the current guidelines for disposal of Ministerial records.

Completion of the Declaration of Interests

Declaration of Interests Directive 01/2021 and the Declaration of Interests Information Sheet outline the interests that should be declared.

Interactive Gambling (Player Protection - disqualified Persons) Regulation 1999

Ministerial Staff are prohibited from holding or acquiring an interest in any holder of an interactive gaming licence issued in Queensland.

If staff currently possess any prohibited shares or become aware in the future that staff possess prohibited shares, then the shares must be divested within a period of 14 days, at no profit. If not divested within this period, then the shares are forfeited to the State and a penalty may be imposed (maximum penalty $1500).

An exemption is made to the above restriction in the case of membership of a professionally managed investment or superannuation fund whereby staff are deemed to exercise no discretionary control over the investment strategy of the fund.

The Regulation also prohibits staff from being a business or executive associate of an interactive gambling licensee.

If staff have any doubt as to whether shares they currently possess are prohibited shares or not, they should raise the issue with their Chief of Staff in the first instance. Advice may also be sought from the Integrity Commissioner.