South Australian Consolidated Acts South Australian Consolidated Acts13J—Duty with respect to conflict of interest
(1) If the
Director of Administration or General Manager has a direct or indirect
personal or pecuniary interest in a matter in relation to which he or she is
required or authorised to act in the course of official duties, he or
she—
(a)
must, as soon as reasonably practicable, disclose to the Executive Board full
and accurate details of the interest; and
(b) must
not, unless the Executive Board otherwise determines, act in relation to the
matter.
(2) If the
Director of Administration or General Manager 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
Director of Administration or General Manager (as the case requires) is not
liable to account to the Executive Board for profits derived from the
contract.
(3) If the
Director of Administration or General Manager fails to make a disclosure of
interest 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 the
Director of Administration or General Manager 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 official
duties, the Director of Administration or General Manager (as the case
requires) 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 and
reported to the Minister.
(7) If, in the opinion
of the Executive Board, a particular interest or office of the
Director of Administration or General Manager is of such significance that the
holding of the interest or office is not consistent with the proper discharge
of the official duties of the Director of Administration or General Manager
(as the case requires), the Executive Board may require the
Director of Administration or General Manager (as the case requires) either to
divest himself or herself of the interest or office or to resign from the
office of Director of Administration or General Manager (and non-compliance
with the requirement constitutes a failure to comply with a duty under this
section and hence a ground for termination of the appointment of the
Director of Administration or the General Manager).
(8) The
Director of Administration and the General Manager are 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 Director of Administration or the
General Manager the burden will lie on the Director of Administration or the
General Manager (as the case requires) to prove that he or she was not, at the
material time, aware of his or her interest; or
(b) that
is shared in common with A n angu generally, or a substantial section of A n
angu.