South Australian Numbered Acts South Australian Numbered ActsSchedule 2—Further provisions relating to Board
1—Duty of members
of Board with respect to conflict of interest
(1) A member of the
Board who has a direct or indirect personal or pecuniary interest in a matter
decided or under consideration by the Board—
(a)
must, as soon as reasonably practicable, disclose in writing to the Board full
and accurate details of the interest; and
(b) must
not take part in any discussion by the Board 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
Board 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 Board; and
(b) the
member is not liable to account to the Board for profits derived from the
contract.
(3) If a member of the
Board 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 Board 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 Board 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 Board, the
member must, as soon as reasonably practicable, disclose in writing to the
Board 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 Board and reported to the
Minister.
(7) If, in the opinion
of the Minister, a particular interest or office of a member of the Board 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 Board (and non-compliance with the requirement
constitutes misconduct and hence a ground for removal of the member from the
Board).
(8) Without limiting
the effect of this clause, a member of the Board 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 Board 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 Board; or
(b) a
member of a committee of the Board; or
(c) the
Registrar of the Board; or
(d) any
other person engaged in the administration of this Act,
in good faith in the performance or purported performance of functions or
duties 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 ).