25 May 2007

The decisions of the WAPC, based on the professional advice of the Department for Planning and Infrastructure (DPI), are made by a board and committees comprised of independent and knowledgeable people with expertise, experience and often strong local connections.

The WAPC places great importance on remaining in touch with the community as well as staying technically up to date.  For this reason committee members may have many community and professional connections, they may have been previously involved in current issues and they may have strongly-held views on particular planning matters.

At the same time the WAPC places the highest value on its record of making fair and balanced decisions in accordance with the facts.  The WAPC has strict rules, based on legislation and the public sector code of ethics, to ensure that its decisions are made impartially.  These rules relate to conflicts of interest.  Conflicts of interest may arise in two kinds of situations.

The first type of conflict of interest arises if a member of the board or a committee, or one or more of their relatives, has a direct or indirect financial interest in a matter before the WAPC.  The WAPC’s rules do not allow anyone with a financial interest to be involved in any way with a decision.  A member with a direct or indirect financial interest is required to (i) immediately advise the committee that they have an interest in the matter, (ii) leave the room, (iii) not take part in any discussion of the matter and (iv) not vote on the matter.

The second type of conflict of interest may arise not from any actual conflict of interest but from other people perceiving that a member may be unable to consider a matter on its merits.  This might be because the member has an association with people who are supporting or opposing the matter.  For example, the committee member may be connected with such people at work or through membership of an organisation or through friendship (or lack of it) or through family.  An association which might give rise to a perception of bias is called a conflict of interest affecting impartiality.

The rules require a member to advise a committee of any association which could give rise to a perception of partiality, bias or prejudgement.  Members may then remain and take no part in the decision or they may leave the room.  Members may only participate in making the decision if they confirm that the association has no impact on their impartiality.  In this case they must declare the nature of the association and formally confirm that they will ‘consider this matter on its merits and come to an impartial decision based on the information presented to the meeting.’

The rules also require staff of DPI and others preparing reports or giving advice to disclose any interest affecting impartiality.  Before making decisions the WAPC needs all of the facts.  The WAPC expects to know whether members and advisors, even if entirely impartial, have connections or associations which could be perceived as giving rise to bias.

The rules about conflicts of interest are included in the WAPC’s standing orders, which govern the conduct of all WAPC meetings.  The standing orders seek to ensure productive meetings and sound decisions, thereby maintaining the community’s confidence in the WAPC’s professionalism and impartiality.

Standing orders ( 465 Kb)

ends

Text may be used as quotes attributed to Mr Jeremy Dawkins, Chairman, Western Australian Planning Commission

Contact: Natasha Farrell 9264 7518/0408 955 604