South Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1995 - SECT 6L

6L—Duty of advisory body members with respect to conflict of interest

        (1)         An advisory body member who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the body—

            (a)         must, as soon as reasonably practicable, disclose in writing to the relevant Minister full and accurate details of the interest; and

            (b)         must not take part in any discussion by the body 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.

Penalty: Division 4 fine.

        (2)         Without limiting the effect of this section, an advisory body member will be taken to have an interest in a matter for the purposes of this section if an associate of the advisory body member has an interest in the matter.

        (3)         This section does not apply in relation to a matter in which an advisory body member has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the advisory body member the burden will lie on the advisory body member to prove that he or she was not, at the material time, aware of his or her interest.