Common use of Probity Clause in Contracts

Probity. Public probity is important to Ku-ring-gai Council and it will seek to ensure that the negotiation of any planning agreement is fair, transparent and directed at achieving public benefits in an appropriate manner free from corruption. In this regard, Council will: • inform any developer about Council values and business ethics as set out in Councils Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Councils Statement of Business Ethics is included at Attachment E. • ensure any considerations of the planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. • publically notify planning agreements to ensure they are open and transparent, and achieving public awareness of the matters contained in the planning agreement and the potential benefits of an agreement. • ensure appropriate delegations and the separation of responsibilities in considering development applications that involve planning agreements, specifically the need to ensure processes adequately address the level of risk of corruption of a process. • ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. • ensure that Council staff involved in planning agreement considerations are free from conflicts of interest. • ensure that planning agreements are to be negotiated independently of the development application assessment process. • take every step to ensure conflicts of interest are ameliorated to the greatest extent possible. • ensure where Council has a commercial stake in development of the subject of a planning agreement, it will take appropriate steps to ensure that it avoids a conflict of interest between its role as a planning authority and its commercial interest in the development. In this respect, Council shall have regard to its Statement of Business Ethics and the publication from the Independent Commission Against Corruption (ICAC) entitled : Direct Negotiations – Guidelines for managing risks in direct negotiations. • if Council has a commercial interest in the subject matter or site of a planning agreement as a landowner, developer or financier, Council will ensure that the Council officer who assesses the application to which the planning agreement relates is not the same person, or a subordinate of the person, who negotiated the planning agreement on behalf of Council. • ensure that all discussions with a developer and their consultants are sufficiently documented.

Probity. Public probity is important to Ku-ring-gai Council and it will seek to ensure that the negotiation of any planning agreement is fair, transparent and directed at achieving public benefits in an appropriate manner free from corruption. In this regard, Council will: • inform any developer about Council values and business ethics as set out in Councils Council’s Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Councils Council’s Statement of Business Ethics is included at Attachment E. • ensure any considerations of the planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. • publically notify planning agreements to ensure they are open and transparent, and achieving public awareness of the matters contained in the planning agreement and the potential benefits of an agreement. • ensure appropriate delegations and the separation of responsibilities in considering development applications that involve planning agreements, specifically the need to ensure processes adequately address the level of risk of corruption of a process. • ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. • ensure that Council staff involved in planning agreement considerations are free from conflicts of interest. • ensure that planning agreements are to be negotiated independently of the development application assessment process. • take every step to ensure conflicts of interest are ameliorated to the greatest extent possible. • ensure where Council has a commercial stake in development of the subject of a planning agreement, it will take appropriate steps to ensure that it avoids a conflict of interest between its role as a planning authority and its commercial interest in the development. In this respect, Council shall have regard to its Statement of Business Ethics and the publication from the Independent Commission Against Corruption (ICAC) entitled entitled: Direct Negotiations – Guidelines for managing risks in direct negotiations. • if Council has a commercial interest in the subject matter or site of a planning agreement as a landowner, developer or financier, Council will ensure that the Council officer who assesses the application to which the planning agreement relates is not the same person, or a subordinate of the person, who negotiated the planning agreement on behalf of Council. • ensure that all discussions with a developer and their consultants are sufficiently documented.

Probity. Public probity is important to Ku-ring-gai Council and it will seek to ensure that the negotiation of any planning agreement is fair, transparent and directed at achieving public benefits in an appropriate manner free from corruption. In this regard, Council will: •  inform any developer about Council values and business ethics as set out in Councils Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Councils Statement of Business Ethics is included at Attachment E. •  ensure any considerations of the planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. •  publically notify planning agreements to ensure they are open and transparent, and achieving public awareness of the matters contained in the planning agreement and the potential benefits of an agreement. •  ensure appropriate delegations and the separation of responsibilities in considering development applications that involve planning agreements, specifically the need to ensure processes adequately address the level of risk of corruption of a process. •  ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. •  ensure that Council staff involved in planning agreement considerations are free from conflicts of interest. •  ensure that planning agreements are to be negotiated independently of the development application assessment process. •  take every step to ensure conflicts of interest are ameliorated to the greatest extent possible. •  ensure where Council has a commercial stake in development of the subject of a planning agreement, it will take appropriate steps to ensure that it avoids a conflict of interest between its role as a planning authority and its commercial interest in the development. In this respect, Council shall have regard to its Statement of Business Ethics and the publication from the Independent Commission Against Corruption (ICAC) entitled : Direct Negotiations – Guidelines for managing risks in direct negotiations. •  if Council has a commercial interest in the subject matter or site of a planning agreement as a landowner, developer or financier, Council will ensure that the Council officer who assesses the application to which the planning agreement relates is not the same person, or a subordinate of the person, who negotiated the planning agreement on behalf of Council. •  ensure that all discussions with a developer and their consultants are sufficiently documented.

Probity. Public probity is important to Ku-ring-gai Council and it will seek to ensure that the negotiation of any planning agreement is fair, transparent and directed at achieving public benefits in an appropriate manner free from corruption. In this regard, Council will: •  inform any developer about Council values and business ethics as set out in Councils Council’s Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Councils Council’s Statement of Business Ethics is included at Attachment E. •  ensure any considerations of the planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. •  publically notify planning agreements to ensure they are open and transparent, and achieving public awareness of the matters contained in the planning agreement and the potential benefits of an agreement. •  ensure appropriate delegations and the separation of responsibilities in considering development applications that involve planning agreements, specifically the need to ensure processes adequately address the level of risk of corruption of a process. •  ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. •  ensure that Council staff involved in planning agreement considerations are free from conflicts of interest. •  ensure that planning agreements are to be negotiated independently of the development application assessment process. •  take every step to ensure conflicts of interest are ameliorated to the greatest extent possible. •  ensure where Council has a commercial stake in development of the subject of a planning agreement, it will take appropriate steps to ensure that it avoids a conflict of interest between its role as a planning authority and its commercial interest in the development. In this respect, Council shall have regard to its Statement of Business Ethics and the publication from the Independent Commission Against Corruption (ICAC) entitled entitled: Direct Negotiations – Guidelines for managing risks in direct negotiations. •  if Council has a commercial interest in the subject matter or site of a planning agreement as a landowner, developer or financier, Council will ensure that the Council officer who assesses the application to which the planning agreement relates is not the same person, or a subordinate of the person, who negotiated the planning agreement on behalf of Council. •  ensure that all discussions with a developer and their consultants are sufficiently documented.