South Australian Consolidated Acts South Australian Consolidated Acts12D—Duty with respect to conflict of interest
(1) A member of
the Executive Board who has a direct or indirect personal or pecuniary
interest in a matter decided or under consideration by the
Executive Board—
(a)
must, as soon as reasonably practicable, disclose to the Executive Board full
and accurate details of the interest; and
(b) must
not take part in any discussion by the Executive 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.
(2) If a member of
the Executive Board makes a disclosure of interest and complies with the other
requirements of subsection (1) in respect of a proposed contract—
(a) the
contract is not liable to be avoided by the Executive Board; and
(b) the
member is not liable to account to the Executive Board for profits derived
from the contract.
(3) If a member of
the Executive Board fails to make a disclosure of interest or fails to comply
with any other requirement of subsection (1) in respect of a proposed
contract, the contract is liable to be avoided by the Executive Board.
(4) A contract may not
be avoided under subsection (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) If a member of
the Executive 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 Executive Board, the member must, as soon as reasonably practicable,
disclose to the Executive Board full and accurate details of the interest or
office.
(6) A disclosure under
this section must be recorded in the minutes of the Executive Board.
(7) If, in the opinion
of the Executive Board, a particular interest or office of a member of
the Executive 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 Executive Board may require the member either to divest himself or
herself of the interest or office or to resign from the Executive Board (and
non-compliance with the requirement constitutes a failure to comply with a
duty under this section and hence a ground for removal of the member from
the Executive Board).
(8) A member of
the Executive Board is exempt from this section in respect of an interest in a
matter—
(a)
while he or she 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; or
(b)
arising by reason of the fact that the member is a member of a community in an
electorate to which the matter relates; or
(c) that
is shared in common with A n angu generally, or a substantial section of A n
angu.