South Australian Consolidated Acts South Australian Consolidated Acts15C—Duty of Council members with respect to conflict of interest
(1) A member of the
Council who has a direct or indirect personal or pecuniary interest in a
matter decided or under consideration by the Council—
(a)
must, as soon as is reasonably practicable, disclose in writing to the Council
full and accurate details of the interest; and
(b) must
not take part in any discussion by the Council 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.
(2) A member of the
Council will not be taken to have a direct or indirect interest in a matter
for the purposes of this section by reason only of the fact that the member
has an interest in the matter that is shared in common with staff members,
graduates or students of the University generally, or with a substantial
number of staff members, graduates or students of the University.
(3) If a member of the
Council 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 University; and
(b) the
member of the Council is not liable to account to the University for profits
derived from the contract.
(4) If a member of the
Council 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 University.
(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) If a member of the
Council 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 duties as a member of the Council, the member
must, as soon as is reasonably practicable, disclose in writing to the Council
full and accurate details of the interest or office.
(7) A disclosure under
this section must be recorded in the minutes of the Council.
(8) Without limiting
the effect of this section, a member of the Council will be taken to have an
interest in a matter for the purposes of this section if a relative of the
member has an interest in the matter.
(9) This section does
not apply in relation to a matter in which a member of the Council has an
interest while the member remains unaware that he or she has an interest in
the matter, but in any proceedings against the member the burden will lie on
the member to prove that he or she was not, at the material time, aware of his
or her interest.
(10) In this
section—
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"relative" of a member means the spouse, domestic partner, parent or remoter
linear ancestor, son, daughter or remoter issue or brother or sister of the
member;
"spouse"—a person is the spouse of another if they are legally married.