South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 238

238—Acting improperly

        (1)         For the purposes of this Part, a public officer acts improperly, or a person acts improperly in relation to a public officer or public office, if the officer or person knowingly or recklessly acts contrary to the standards of propriety generally and reasonably expected by ordinary decent members of the community to be observed by public officers of the relevant kind, or by others in relation to public officers or public offices of the relevant kind.

        (2)         A person will not be taken to have acted improperly for the purposes of this Part unless the person's act was such that in the circumstances of the case the imposition of a criminal sanction is warranted.

        (3)         Without limiting the effect of subsection (2), a person will not be taken to have acted improperly for the purposes of this Part if—

            (a)         the person acted in the honest and reasonable belief that he or she was lawfully entitled to act in the relevant manner; or

            (b)         there was lawful authority or a reasonable excuse for the act; or

            (c)         the act was of a trivial character and caused no significant detriment to the public interest.

        (4)         In this section—

"act" includes omission or refusal or failure to act;

"public officer" includes a former public officer.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback