South Australian Consolidated Acts South Australian Consolidated Acts6ZD—Duty of persons performing contract work with respect to conflict of
interest
(1) If a person
performing contract work for a public sector agency or the Crown has a
pecuniary or other personal interest that conflicts or may conflict with
duties that the person has in that capacity and the conflict relates to a
contract or proposed contract binding the agency or the Crown (other than the
contract for the performance of the contract work), the person must—
(a)
disclose in writing to the relevant authority the nature of the interest and
the conflict or potential conflict; and
(b) not
take action or further action in relation to the matter except as authorised
in writing by the relevant authority.
Penalty: Division 4 fine.
(2) Without limiting
the effect of this section, a person will be taken to have an interest in a
matter for the purposes of this section if an associate of the person has an
interest in the matter.
(3) If a person
performing contract work for a public sector agency or the Crown 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
person is not liable to account for profits derived from the contract.
(4) If a person
performing contract work for a public sector agency or the Crown 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.
(5) A contract may not
be avoided under subsection (4) 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.
(6) This section does
not apply in relation to a conflict or potential conflict between a person's
duties and a pecuniary or other personal interest while the person remains
unaware of the conflict or potential conflict, but in any proceedings against
the person the burden will lie on the person to prove that he or she was not,
at the material time, aware of the conflict or potential conflict.
(7) In this
section—
"relevant authority" means—
(a) in
relation to a person performing contract work for 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.