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 Council’s Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of 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: 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 Council’s Councils Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Council’s 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) entitledentitled : 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 fundamentally important to Ku-ring-gai Council and it will seek to ensure that the negotiation of any planning agreement is fair, transparent and is directed at achieving public benefits in an appropriate manner manner, free from of corruption. In this regard, Council will: • inform any developer about Council values and business ethics as set out  Exhibit in Council’s Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Council’s Statement of Business Ethics is included at Attachment E. • ensure any considerations of the planning agreement are consistent accordance with the fundamental principles outlined in Section 4 of this Policy. • publically notify Act all planning agreements to ensure they are open openness and transparent, and achieving public awareness of the matters contained in the planning agreement and the potential benefits of an agreement. • ensure transparency;  Ensure appropriate delegations and the separation of responsibilities in considering development applications that involve planning agreementsagreements including, specifically the need to ensure processes adequately address the level are soundly based upon documented risk management;  Ensure that there is clarity of risk of corruption of a process. • ensure that Councillors roles for councillors, council management 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 staff;  Take every step to ensure that conflicts of interest (actual and perceived) are ameliorated to the greatest extent possible. • ensure possible through independent assessment by third parties where Council has a commercial stake in development interest (.i.e. landowner or proponent).  Not enter into any contractual arrangement which purports to guarantee outcomes that are subject to separate regulatory processes and/or ▇▇▇▇▇▇▇ the discretion of the subject assessment and determination of applications. Council managers and professional officers with appropriate delegated authority will negotiate 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 CouncilCouncil in accordance with this Policy. • Council will ensure that all discussions negotiations with a developer proponents and their consultants representatives are sufficiently documented. The Council's process for the preparation, negotiation and execution of planning agreements aims to be efficient, predictable, transparent and accountable. The process seeks to ensure that the negotiation of planning agreements runs in parallel with applications for instrument changes or development applications. When agreed by the parties, the concluded range of public infrastructure, amenities, services and facilities, together with the dedication and on-going management of environmentally significant land will be embodied in a Heads of Agreement to be formally endorsed by the parties. This will be the basis for drafting of the planning agreement. Councillors have the responsibilities for:  Setting the Policy which directs negotiations of planning agreements,  Endorsing a planning agreement for public notification; and  Endorsing the planning agreement in conjunction with determining the Planning Proposal for referral to the Department of Planning and Environment or determining the relevant development application.

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 Council’s Councils Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Council’s 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) entitledentitled : 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 Council, and it will seek to ensure that the negotiation and the outcome of any planning agreement is fair, transparent and is directed at achieving public benefits in an appropriate manner free from corruptionof actual or perceived corrupt conduct or maladministration. In this regard, Council will: • inform : 1) Inform any developer applicant about Council Council's values and business ethics as set out in Council’s Statement of Business Ethicsethics, specifically specifically, about ethical behaviour appropriate to business dealings. A copy of dealings in accordance with Council’s Statement Code of Business Ethics Conduct. 2) Ensure that the local community is included at Attachment E. • ensure any considerations of informed about the system and the Council’s role, specifically, how the planning agreement are consistent system operates and how Council will deal with the fundamental principles outlined in Section 4 of this Policy. • publically notify developments objectively. 3) Publicly exhibit planning agreements to ensure they are open and transparent, and specifically achieving maximum public awareness of the matters contained in the a planning agreement and the potential benefits public benefit of an agreement. • ensure . 4) Ensure appropriate delegations and the separation of responsibilities in considering planning proposals and development applications that involve a planning agreementsagreement, specifically the need to ensure processes adequately address the level of risk of corruption of a process. • ensure process while at the same time being appropriate to the likely level of risk. 5) Ensure that modifications to approved development should be subject to the same scrutiny as the original development application. 6) Ensure that Councillors and members of 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 avoid any perceived or actual conflict of interest. • ensure that planning agreements are to be negotiated independently of the development application assessment process. • take . 7) Take every step to ensure that conflicts of interest are ameliorated to the greatest extent possible. • ensure , specifically, independent assessment by third parties where Council has a commercial stake in development of the subject of a planning agreement, it will take appropriate steps an interest and not entering into any contractual arrangement which purports to ensure guarantee outcomes 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 are contrary to its Statement of Business Ethics separate regulatory processes and the publication from the Independent Commission Against Corruption (ICAC) entitled: Direct Negotiations – Guidelines for managing risks in direct negotiationspublic interest. • 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 negotiation and formation of any planning agreement relates is not will be undertaken in accordance with any then current probity policy that may apply. In certain circumstances, Council may decide to implement a probity policy specific to the same person, or negotiation of a subordinate of the person, who negotiated the particular planning agreement on behalf of Council. • ensure that all discussions with a developer and their consultants are sufficiently documentedagreement.

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 Council’s Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of 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: 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 Waverley Council and it will seek to ensure that the negotiation of any planning agreement Planning Agreements is fair, transparent and is directed at achieving public benefits in an appropriate manner free from of corruption. In this regard, Council will: • inform : a) Inform any developer applicant about Council values and business ethics as set out in Council’s Statement of Business Ethics- specifically, specifically about ethical behaviour appropriate to business dealings. A copy of Council’s 's Statement of Business Ethics is included at Attachment E. • ensure any considerations of Policy (as amended from time to time and available on Council’s website). b) Ensure that its communities understand the system and the Council’s role – specifically, how the Planning Agreements system operates and how Council will deal with developments/ planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. • publically notify planning agreements proposals objectively. c) Notify Planning Agreements to ensure they are open and transparenttransparent – specifically, and achieving maximum public awareness of the matters contained in the planning agreement a Planning Agreement(s) and the potential benefits of an agreement. • ensure . d) Ensure appropriate delegations and the separation of responsibilities in considering development applications applications/planning proposals that involve planning agreementsPlanning Agreements – specifically, specifically the need to ensure processes adequately address the level of risk of corruption of a process. • ensure process while at the same time being appropriate to the likely level of risk. e) Ensure that modifications to approved development should be subject to the same scrutiny as the original development application. f) Ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. • . g) Complete negotiations via written correspondence, rather than face-to-face meetings, to ensure that Council staff involved in planning agreement considerations all discussions are free from conflicts clearly documented to ensure the highest level of interesttransparency, accountability and record-keeping. • ensure that planning agreements are to be negotiated independently This also allows timely consideration and resolution of the development application assessment process. • take any issues raised and facilitates carefully considered decision making by all parties. h) Take every step to ensure that conflicts of interest are ameliorated to the greatest extent possiblepossible – specifically, independent assessment by third parties where Council has an interest and not entering into any contractual arrangement which purport to guarantee outcomes that are subject to separate regulatory processes. • Apart from the above procedures, further procedures that will be implemented to address these matters may also include, but not be limited by, the following procedures: a) The Councillors will not be involved in the face-to-face negotiation of the agreement but will ultimately execute the Planning Agreement as part of their duties as Councillors. b) A Council officer with appropriate delegated authority will negotiate a Planning Agreement on behalf of the Council in accordance with this Policy. c) The Council will, in all cases, ensure that Council staff with key responsibility for providing advice on approvals, approving applications or ensuring compliance, do not have a role in the assessment of the commercial aspects of the agreement nor on the conditions of the Planning Agreement except where advice is required on matters relating to the conditions of consent for a particular proposal. d) The Council may involve an independent person(s) to facilitate or otherwise participate in the negotiations or aspects of it, particularly where this will lead to a better planning outcome. e) The Council will ensure that all negotiations with a developer/proponent and their consultants are sufficiently separated and documented. f) Where the Council has a commercial stake in development of the subject of a planning an 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. g) Where Council is the consent authority and an applicant has proposed to enter into a Planning Agreement, Council shall have regard to its Statement of Business Ethics and the publication from development application must be determined by the Independent Commission Against Corruption Waverley Local Planning Panel (ICAC) entitled: Direct Negotiations – Guidelines for managing risks in direct negotiations. • if Council has a commercial interest in WLPP), 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 personSydney Planning Panel, or a subordinate of the person, who negotiated the any other relevant planning agreement on behalf of Council. • ensure that all discussions with a developer and their consultants are sufficiently documentedauthority.

Probity. Public probity is important to Ku-ring-gai Waverley Council and it will seek to ensure that the negotiation of any planning agreement Planning Agreements is fair, transparent and is directed at achieving public benefits in an appropriate manner free from of corruption. In this regard, Council will: • inform : a) Inform any developer applicant about Council values and business ethics as set out in Council’s Statement of Business Ethics‐ specifically, specifically about ethical behaviour appropriate to business dealings. A copy of Council’s 's Statement of Business Ethics Policy (as amended from time to time) is included attached at Attachment E. • ensure any considerations of Appendix 8. b) Ensure that its communities understand the system and the Council’s role – specifically, how the Planning Agreements system operates and how Council will deal with developments/ planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. • publically notify planning agreements proposals objectively. c) Notify Planning Agreements to ensure they are open and transparenttransparent – specifically, and achieving maximum public awareness of the matters contained in the planning agreement a Planning Agreement(s) and the potential benefits of an agreement. • ensure . d) Ensure appropriate delegations and the separation of responsibilities in considering development applications applications/planning proposals that involve planning agreementsPlanning Agreements – specifically, specifically the need to ensure processes adequately address the level of risk of corruption of a process. • ensure process while at the same time being appropriate to the likely level of risk. e) Ensure that modifications to approved development should be subject to the same scrutiny as the original development application. f) Ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. • . g) Complete negotiations via written correspondence, rather than face‐to‐face meetings, to ensure that Council staff involved in planning agreement considerations all discussions are free from conflicts clearly documented to ensure the highest level of interesttransparency, accountability and record‐keeping. • ensure that planning agreements are to be negotiated independently This also allows timely consideration and resolution of the development application assessment process. • take any issues raised and facilitates carefully considered decision making by all parties. h) Take every step to ensure that conflicts of interest are ameliorated to the greatest extent possible. • ensure possible – specifically, independent assessment by third parties where Council has a commercial stake an interest and not entering into any contractual arrangement which purport to guarantee outcomes that are subject to separate regulatory processes. Apart from the above procedures, further procedures that will be implemented to address these matters may also include, but not be limited by, the following procedures: a) The Councillors will not be involved in development the face to faceface‐to‐face negotiation of the subject agreement but will ultimately execute the Planning Agreement as part of their duties as Councillors. b) A Council officer with appropriate delegated authority will negotiate a planning agreementPlanning Agreement on behalf of the Council in accordance with this Policy. c) The Council will, it will take appropriate steps to in all cases, ensure that it avoids Council staff with key responsibility for providing advice on approvals, approving applications or ensuring compliance, do not have a conflict of interest between its role as a planning authority and its commercial interest in the development. In this respect, assessment of the commercial aspects of the agreement nor on the conditions of the Planning Agreement except where advice is required on matters relating to the conditions of consent for a particular proposal. d) The Council shall have regard may involve an independent person(s) 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 facilitate or otherwise participate in the subject matter negotiations or site aspects of it, particularly where this will lead to a better planning agreement as a landowner, developer or financier, outcome. e) The 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 negotiations with a developer developer/proponent and their consultants are sufficiently separated and documented.