South Australian Consolidated Acts South Australian Consolidated Acts6ZA—Duty of employees with respect to conflict of interest
(1) If a
public sector employee has a pecuniary or other personal interest that
conflicts or may conflict with the employee's duties, the employee must
disclose in writing to the relevant authority the nature of the interest and
the conflict or potential conflict.
(2) A
public sector employee must comply with any written directions given by the
relevant authority to resolve a conflict between the employee's duties and a
pecuniary or other personal interest.
(3) Without limiting
the effect of this section, a public sector employee will be taken to have an
interest in a matter for the purposes of this section if an associate of the
employee has an interest in the matter.
(4) Failure by an
employee to comply with this section constitutes grounds for termination of
the employee's employment (but this does not derogate from any statutory
provisions or other law governing the process for discipline or termination of
employment of an employee).
(5) If an employee
makes a disclosure of interest under subsection (1) in respect of a
proposed contract—
(a) the
contract is not liable to be avoided; and
(b) the
employee is not liable to account for profits derived from the contract.
(6) If an employee
fails to make a disclosure of interest under 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 an
employee's duties and a pecuniary or other personal interest while the
employee remains unaware of the conflict or potential conflict, but in any
proceedings against the employee the burden will lie on the employee to prove
that he or she was not, at the material time, aware of the conflict or
potential conflict.
(9) In this
section—
"relevant authority" means—
(a) in
relation to an employee employed by or in a public sector agency with a
chief executive (or acting chief executive)—the chief executive (or
acting chief executive) of the agency; or
(b) in
any other case—the relevant Minister or the nominee of the
relevant Minister.