❓ A parliamentary question investigates a potential conflict of interest regarding the Chairperson of the Aboriginal Cultural Material Committee's (ACMC) small shareholding in BHP while dealing with matters involving BHP and Woodside. The Minister defends the Chairperson's actions, citing disclosure and unanimous consent from committee members.
AnsweredQoN 3183Legislative Council
QuestionView source ↗
I refer to Aboriginal
Cultural Material Committee (ACMC) minutes, dated 21 November 2012 and 18 December
2013, and ask: (a) what was the nature of the small joint
shareholding held in BHP by Hon Gavin Fielding AM, Chairperson of the ACMC, when
dealing with: (i) 3.3 Port Hedland Port Authority – Development on 18 December 2013; (ii) 3.1 Woodside Energy Ltd on behalf of the Minister for Lands for the State of Western Australia on 21 November 2012; and (iii) his other declarations on: (A) 29 September 2011; (B) 13 October 2011; (C) 13 October 2011; (D) 11 July 2012; (E) 12 September 2012; (F) 10 October 2012; (G) 12 December 2012; (H) 10 April 2013; (I) 13 November 2013; (J) 18 December 2013; (K) 14 May 2014; (L) 12 November 2014; and (M) 10 December 2014; (b) was it appropriate
for the Chairperson of the ACMC to facilitate these meetings given this
shareholding; (c) if yes to (b), why; (d) if no to (b), will the Minister undertake any action; and (e) what is the quorum of
the ACMC meetings?
Cultural Material Committee (ACMC) minutes, dated 21 November 2012 and 18 December
2013, and ask: (a) what was the nature of the small joint
shareholding held in BHP by Hon Gavin Fielding AM, Chairperson of the ACMC, when
dealing with: (i) 3.3 Port Hedland Port Authority – Development on 18 December 2013; (ii) 3.1 Woodside Energy Ltd on behalf of the Minister for Lands for the State of Western Australia on 21 November 2012; and (iii) his other declarations on: (A) 29 September 2011; (B) 13 October 2011; (C) 13 October 2011; (D) 11 July 2012; (E) 12 September 2012; (F) 10 October 2012; (G) 12 December 2012; (H) 10 April 2013; (I) 13 November 2013; (J) 18 December 2013; (K) 14 May 2014; (L) 12 November 2014; and (M) 10 December 2014; (b) was it appropriate
for the Chairperson of the ACMC to facilitate these meetings given this
shareholding; (c) if yes to (b), why; (d) if no to (b), will the Minister undertake any action; and (e) what is the quorum of
the ACMC meetings?
AnswerView source ↗
Answered
19 August 2015
Responded by
Minister for Aboriginal Affairs
Response time
92 days
a. i. - iii. Ordinary shares.
b. Yes.
c. I am advised that the Chairperson held small shareholdings. At each meeting, the Chairperson disclosed his shareholdings and, on each occasion, sought and obtained the unanimous consent of the members present to his taking part in the relevant debate. I am satisfied that the Chairperson has acted with propriety and in accordance with best practice principles of governance.
d. Not applicable.
e. Section 32(1) of the
Aboriginal Heritage Act 1972
states that the relevant quorum to constitute a meeting of the Aboriginal Cultural Material Committee shall be such as the Committee may from time to time determine but shall not be less than 5 persons of whom 2 shall be ex-officio members.
b. Yes.
c. I am advised that the Chairperson held small shareholdings. At each meeting, the Chairperson disclosed his shareholdings and, on each occasion, sought and obtained the unanimous consent of the members present to his taking part in the relevant debate. I am satisfied that the Chairperson has acted with propriety and in accordance with best practice principles of governance.
d. Not applicable.
e. Section 32(1) of the
Aboriginal Heritage Act 1972
states that the relevant quorum to constitute a meeting of the Aboriginal Cultural Material Committee shall be such as the Committee may from time to time determine but shall not be less than 5 persons of whom 2 shall be ex-officio members.
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