South Australian Consolidated Acts South Australian Consolidated Acts6Q—Duty of senior officials with respect to conflict of interest
(1) A senior official
must—
(a) on
appointment as a senior official, disclose his or her pecuniary interests to
the relevant Minister in writing in accordance with the regulations; and
(b) on
acquiring any further pecuniary interest of a kind specified in the
regulations, disclose the pecuniary interest to the relevant Minister in
writing in accordance with the regulations; and
(c) if a
pecuniary interest (whether or not required to be disclosed under
paragraph (a) or (b)) or other personal interest of the senior official
conflicts or may conflict with his or her duties—
(i)
disclose in writing to the relevant Minister the nature
of the interest and the conflict or potential conflict; and
(ii)
not take action or further action in relation to the
matter except as authorised in writing by the relevant Minister.
Penalty: Division 4 fine.
(2)
Subsection (1)(a) applies to a person who is a senior official on the
commencement of this section as if the requirement to disclose interests on
appointment as a senior official were a requirement to disclose the interests
within one month after that commencement.
(3) A senior official
must comply with any written directions given by the relevant Minister to
resolve a conflict between the senior official's duties and a pecuniary or
other personal interest.
Penalty: Division 4 fine.
(4) Without limiting
the effect of this section, a senior official will be taken to have an
interest in a matter for the purposes of this section if an associate of the
senior official has an interest in the matter.
(5) If a
senior official 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; and
(b) the
senior official is not liable to account for profits derived from the
contract.
(6) If a
senior official 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 relevant Minister.
(7) A contract may not
be avoided under subsection (6) 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.
(8) This section does
not apply in relation to a conflict or potential conflict between a
senior official's duties and a pecuniary or other personal interest while the
senior official remains unaware of the conflict or potential conflict, but in
any proceedings against the senior official the burden will lie on the
senior official to prove that he or she was not, at the material time, aware
of the conflict or potential conflict.