Independent law firm finds no conflict of interest for Mayor Damien Ryan

AN independent legal firm has reported there is no conflict of interest for Mayor Damien Ryan to continue his Alice Springs Town Council duties and being a CLP candidate for the division of Araluen in the coming NT election.

Damien Ryan is the Alice Springs Mayor and is also running for the seat of Araluen in the 2020 NT Election. Picture: KERI MEGELUS

AN independent legal firm has reported there is no conflict of interest for Mayor Damien Ryan to continue his Alice Springs Town Council duties and being a CLP candidate for the division of Araluen in the coming NT election.

ASTC solicitor Chris Turner originally suggested last month there was no conflict for the town’s Mayor, however councillors decided to ask for an independent opinion on the matter.

Advice from independent law firm Clayton Utz confirmed Mr Turner’s report that there was no conflict under the NT Local Government Act.

However a set of protocols for all elected members will be created to handle any perceptions of conflict in future similar situations.

Councillor Marli Banks, who stayed in the meeting despite hearing that her shop had been broken into, said that a perceived conflict was equally important as a real conflict.

“The question is around the perception of a conflict of interest,” she said.

“It is up to us to set the bar as to the best practice in dealing with it.”

Councillor Catherine Satour said people did not know if they were speaking to Mr Ryan as the candidate for Araluen or the Mayor of Alice Springs.

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“There are a lot of grey areas I would like to discuss further and develop a plan.” she said.

The independent opinion was sought after Chief Minister Michael Gunner wrote in December that “a conflict of interest exists between Mayor Ryan’s professional duties as a publicly elected official and his personal interests of being elected to Parliament”.

Council directed CEO Robert Jennings to write to Mr Gunner outlining its position and the legal advice received.

In his advice to the council Mark Spain, the partner in charge of the Clayton Utz Darwin office, noted there was a risk of a perception of a conflict of interest that would “need to be adequately managed on a case-by-case basis”.

“It is important to be clear that where a member has a conflict of interest the member must as soon as practicable notify the CEO of that conflict and must not participate in any decision in relation to the issue or be present at a meeting where that issue is discussed,” he wrote.

He gave examples of measures that could be considered beyond strict compliance with the requirement.

Mr Ryan vacated the council chamber while the matter was discussed with Deputy Mayor Matt Paterson chairing the meeting.

Councillor Jamie de Brenni asked how much the independent legal advice cost bur Mr Jennings did not give an answer.