South Australian Numbered Acts South Australian Numbered ActsSchedule 2—Further provisions relating to Council
1—Duty of
members of Council with respect to conflict of interest
(1) A member of the
Council who has a direct or indirect personal or pecuniary interest in a
matter decided or under consideration by the Council—
(a)
must, as soon as reasonably practicable, disclose in writing to the Council
full and accurate details of the interest; and
(b) must
not take part in any discussion by the Council relating to that matter; and
(c) must
not vote in relation to that matter; and
(d) must
be absent from the meeting room when any such discussion or voting is taking
place.
Maximum penalty: $20 000.
(2) If a member of the
Council makes a disclosure of interest and complies with the other
requirements of subclause (1) in respect of a proposed contract—
(a) the
contract is not liable to be avoided by the Council; and
(b) the
member is not liable to account to the Council for profits derived from the
contract.
(3) If a member of the
Council fails to make a disclosure of interest or fails to comply with any
other requirement of subclause (1) in respect of a proposed contract, the
contract is liable to be avoided by the Council or the Minister.
(4) A contract may not
be avoided under subclause (3) if a person has acquired an interest in
property the subject of the contract in good faith for valuable consideration
and without notice of the contravention.
(5) Where a member of
the Council has or acquires a personal or pecuniary interest, or is or becomes
the holder of an office, such that it is reasonably foreseeable that a
conflict might arise with his or her duties as a member of the Council, the
member must, as soon as reasonably practicable, disclose in writing to the
Council full and accurate details of the interest or office.
Maximum penalty: $20 000.
(6) A disclosure under
this clause must be recorded in the minutes of the Council and reported to the
Minister.
(7) If, in the opinion
of the Minister, a particular interest or office of a member of the Council is
of such significance that the holding of the interest or office is not
consistent with the proper discharge of the duties of the member, the Minister
may require the member either to divest himself or herself of the interest or
office or to resign from the Council (and non-compliance with the requirement
constitutes misconduct and hence a ground for removal of the member from the
Council).
(8) Without limiting
the effect of this clause, a member of the Council will be taken to have an
interest in a matter for the purposes of this clause if an associate of the
member has an interest in the matter.
(9) This clause does
not apply in relation to a matter in which a member of the Council has an
interest while the member remains unaware that he or she has an interest in
the matter, but in any proceedings against the member the burden will lie on
the member to prove that he or she was not, at the material time, aware of his
or her interest.
(10) In this
clause—
associate has the same meaning as in the Public Corporations Act 1993 .
2—Protection from personal liability
(1) No personal
liability is incurred for an act or omission by—
(a) a
member of the Council; or
(b) a
member of the staff of the Council,
in good faith in the performance or purported performance of a power, function
or duty under this Act.
(2) A civil liability
that would, but for subclause (1), lie against a person, lies instead
against the Crown.
This Schedule will expire on the commencement of section 6H of the Public
Sector Management Act 1995 (as inserted by the Statutes Amendment
(Honesty and Accountability in Government) Act 2003 ), or if that section
has come into operation before the commencement of this Schedule, will be
taken not to have been enacted.