{"id":"public-sector-honesty-and-accountability-act-1995","name":"Public Sector (Honesty and Accountability) Act 1995","slug":"public-sector-honesty-and-accountability-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106460,"registerId":"sa-public-sector-honesty-and-accountability-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Sector (Honesty and Accountability) Act 1995","content":"South Australia\nPublic Sector (Honesty and Accountability) Act 1995\nAn Act to impose duties of honesty and accountability on public sector office holders, employees and contractors; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\nPart 2—Public sector duties\nDivision 1—Duties of corporate agency members\n3\tApplication of Division\n4\tDuty of corporate agency members to exercise care and diligence\n5\tDuty of corporate agency members to act honestly\n6\tDuty of corporate agency members not to be involved in unauthorised transactions with agency or subsidiary\n7\tDuty of corporate agency members not to have unauthorised interest in agency or subsidiary\n8\tDuty of corporate agency members with respect to conflict of interest\n9\tRemoval of corporate agency members\n10\tCivil liability for contravention of Division\nDivision 2—Duties of advisory body members\n11\tDuty of advisory body members to act honestly\n12\tDuty of advisory body members with respect to conflict of interest\n13\tRemoval of advisory body members\n14\tCivil liability for contravention of Division\nDivision 3—Duties of senior officials\n15\tApplication of Division\n16\tDuty of senior official to act honestly\n17\tDuty of senior officials with respect to conflict of interest\n18\tCivil liability for contravention of Division\nDivision 4—Duties of corporate agency executives\n19\tApplication of Division\n20\tDuty of corporate agency executives to act honestly\n21\tDuty of corporate agency executives not to be involved in unauthorised transactions with agency or subsidiary\n22\tDuty of corporate agency executives not to have unauthorised interest in agency or subsidiary\n23\tDuty of corporate agency executives with respect to conflict of interest\n24\tCivil liability for contravention of Division\nDivision 5—Duties of public sector employees\n25\tApplication of Division\n26\tDuty of employees to act honestly\n27\tDuty of employees with respect to conflict of interest\n28\tCivil liability for contravention of Division\nDivision 6—Duties of persons performing contract work\n29\tDuty of persons performing contract work to act honestly\n30\tDuty of persons performing contract work with respect to conflict of interest\n31\tCivil liability for contravention of Division\nDivision 7—Exemptions\n32\tExemptions\nPart 3—Miscellaneous\n33\tProceedings for offences\n34\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Public Sector (Honesty and Accountability) Act 1995.\n2—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadministrative unit has the same meaning as in the Public Sector Act 2009;\nadvisory body means an unincorporated body comprised of members appointed by the Governor or a Minister (whether or not under an Act) with a function of providing advice to a public sector agency;\nbeneficiary includes a person who is an object of a discretionary trust;\ncontractor does not include a public sector agency;\ncontract work means work performed by a person as a contractor or as an employee of a contractor or otherwise directly or indirectly on behalf of a contractor, but does not include work performed as a member of an unincorporated body with a function of advising a public sector agency;\ncorporate agency executive means a person who is employed by a public sector agency that is a body corporate and is concerned or takes part in the management of the agency;\ncorporate agency member means—\n\t(a)\ta member of a public sector agency that is a body corporate; or\n\t(b)\ta member of the governing body of a public sector agency that is a body corporate;\ndebenture has the same meaning as in the Corporations Act 2001 of the Commonwealth;\ndomestic 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;\nmanaged investment scheme has the same meaning as in the Corporations Act 2001 of the Commonwealth;\npublic sector agency has the same meaning as in the Public Sector Act 2009;\npublic sector employee has the same meaning as in the Public Sector Act 2009;\nrelative, in relation to a person, means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;\nrelevant interest has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nrelevant Minister, in relation to a person, means the Minister who has or assumes administrative responsibility in relation to the person for the purposes of this Act;\nsenior official means—\n\t(a)\tthe Commissioner for Public Sector Employment; or\n\t(c)\tthe chief executive of an administrative unit; or\n\t(d)\ta statutory office holder with the powers and functions of a chief executive of an administrative unit; or\n\t(e)\ta chief executive (or acting chief executive) of a public sector agency other than an administrative unit; or\n\t(f)\ta person declared by another Act or under subsection (2) to be a senior official;\nspouse—a person is the spouse of another if they are legally married;\nsubsidiary has the same meaning as in the Corporations Act 2001 of the Commonwealth.\n\t(1a)\tFor the purposes of this Act—\n\t(a)\ta person is an associate of another person if—\n\t(i)\tthe other person is a relative of the person or of the person's spouse or domestic partner; or\n\t(ii)\tthe other person—\n\t(A)\tis a body corporate; and\n\t(B)\tthe person or a relative of the person or of the person's spouse or domestic partner has, or two or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or\n\t(iii)\tthe other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in subparagraph (ii) is a beneficiary; or\n\t(iv)\tthe person is declared by the regulations to be an associate of the other person;\n\t(b)\tin determining whether a company is a subsidiary of a public sector agency, any shares held, or powers exercisable by, the agency or any other body are not to be taken to be held or exercisable in a fiduciary capacity by reason of the fact that the agency is an instrumentality of the Crown or holds its property on behalf of the Crown.\n\t(2)\tThe Minister may, by notice published in the Gazette—\n\t(a)\tdeclare that a person for the time being performing specified duties is a senior official; or\n\t(b)\tvary or revoke a notice under this subsection.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Public sector duties\nDivision 1—Duties of corporate agency members\n3—Application of Division\n\t(1)\tThis Division does not apply in relation to a corporation sole.\n\t(2)\tThis Division does not apply to a corporate agency member if provisions of the Public Corporations Act 1993 apply to the public sector agency.\n4—Duty of corporate agency members to exercise care and diligence\n\t(1)\tA corporate agency member must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.\n\t(2)\tIf a corporate agency member is culpably negligent in the performance of his or her functions, the member is guilty of an offence.\nPenalty: Division 4 fine.\n\t(3)\tA corporate agency member is not culpably negligent for the purposes of subsection (2) unless the court is satisfied the member's conduct fell sufficiently short of the standards required under this Act of the member to warrant the imposition of a criminal sanction.\n\t(4)\tA corporate agency member does not commit any breach of duty under this section by acting in accordance with a direction or requirement of the relevant Minister.\n5—Duty of corporate agency members to act honestly\n\t(1)\tA corporate agency member must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.\nPenalty: Division 4 fine or division 4 imprisonment, or both.\n\t(2)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.\n6—Duty of corporate agency members not to be involved in unauthorised transactions with agency or subsidiary\n\t(1)\tNeither a corporate agency member nor an associate of a corporate agency member may, without the approval of the relevant Minister, be directly or indirectly involved in a transaction with the agency or any subsidiary of the agency.\n\t(2)\tA person will be treated as being indirectly involved in a transaction for the purposes of subsection (1)—\n\t(a)\tif the person initiates, promotes or takes any part in negotiations or steps leading to the making of the transaction with a view to that person or an associate of that person gaining some financial or other benefit (whether immediately or at a time after the making of the transaction); and\n\t(b)\tdespite the fact that neither that person nor an agent, nominee or trustee of that person becomes a party to the transaction.\n\t(3)\tSubsection (1) does not apply—\n\t(a)\tto the provision of services by the agency or any subsidiary of the agency in the ordinary course of its ordinary business and on ordinary terms; or\n\t(b)\tto the employment of a person under a contract of service with the agency or a subsidiary of the agency or to a transaction that is ancillary or incidental to such employment; or\n\t(c)\tto transactions of a prescribed class.\n\t(4)\tIf a transaction is made with an agency or any subsidiary of the agency in contravention of subsection (1), the transaction is liable to be avoided by the agency or by the relevant Minister.\n\t(5)\tA transaction may not be avoided under subsection (4) if a person has acquired an interest in property the subject of the transaction in good faith for valuable consideration and without notice of the contravention.\n\t(6)\tA corporate agency member must not counsel, procure, induce or be in any way (whether by act or omission or directly or indirectly) knowingly concerned in, or party to, a contravention of subsection (1).\nPenalty: \nIf an intention to deceive or defraud is proved—Division 4 fine or division 4 imprisonment, or both.\nIn any other case—Division 6 fine.\n7—Duty of corporate agency members not to have unauthorised interest in agency or subsidiary\n\t(1)\tNeither a corporate agency member nor an associate of a corporate agency member may, without the approval of the relevant Minister—\n\t(a)\thave or acquire a beneficial interest in shares in, debentures of or managed investment schemes of the agency or any subsidiary of the agency; or\n\t(b)\thave or hold or acquire (whether alone or with another person or persons) a right or option in respect of the acquisition or disposal of shares in, debentures of or interests in managed investment schemes of the agency or any subsidiary of the agency; or\n\t(c)\tbe a party to, or entitled to a benefit under, a contract under which a person has a right to call for or make delivery of shares in, debentures of or interests in managed investment schemes of the agency or any subsidiary of the agency.\n\t(2)\tA corporate agency member must not counsel, procure, induce or be in any way (whether by act or omission or directly or indirectly) knowingly concerned in, or party to, a contravention of subsection (1).\nPenalty: \nIf an intention to deceive or defraud is proved—Division 4 fine or division 4 imprisonment, or both.\nIn any other case—Division 6 fine.\n8—Duty of corporate agency members with respect to conflict of interest\n\t(1)\tA corporate agency member who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the agency or the governing body of the agency—\n\t(a)\tmust, as soon as reasonably practicable, disclose in writing to the agency or the governing body of the agency full and accurate details of the interest; and\n\t(b)\tmust not take part in any discussion by the agency or the governing body of the agency relating to that matter; and\n\t(c)\tmust not vote in relation to that matter; and\n\t(d)\tmust be absent from the meeting room when any such discussion or voting is taking place.\nPenalty: Division 4 fine.\n\t(2)\tIf a corporate agency member makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract—\n\t(a)\tthe contract is not liable to be avoided by the agency; and\n\t(b)\tthe corporate agency member is not liable to account to the agency for profits derived from the contract.\n\t(3)\tIf a corporate agency member 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 agency or by the relevant Minister.\n\t(4)\tA contract may not be avoided under subsection (3) 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.\n\t(5)\tWhere a corporate agency member 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 corporate agency member of the agency, the corporate agency member must, as soon as reasonably practicable, disclose in writing to the agency or the governing body of the agency full and accurate details of the interest or office.\nPenalty: Division 4 fine.\n\t(6)\tA disclosure under this section must be recorded in the minutes of the agency or the governing body of the agency and reported to the relevant Minister.\n\t(7)\tIf, in the opinion of the relevant Minister, a particular interest or office of a corporate agency member is of such significance that the holding of the interest or office is not consistent with the proper discharge of the duties of the corporate agency member, the Minister may require the corporate agency member either to divest himself or herself of the interest or office or to resign from the agency or governing body of the agency (and non-compliance with the requirement constitutes misconduct and hence a ground for removal of the corporate agency member from the agency or governing body of the agency).\n\t(8)\tWithout limiting the effect of this section, a corporate agency member will be taken to have an interest in a matter for the purposes of this section if an associate of the corporate agency member has an interest in the matter.\n\t(9)\tThis section does not apply in relation to a matter in which a corporate agency member has an interest while the corporate agency member remains unaware that he or she has an interest in the matter, but in any proceedings against the corporate agency member the burden will lie on the corporate agency member to prove that he or she was not, at the material time, aware of his or her interest.\n\t(10)\tA corporate agency member who is an employee of the agency or an employee employed or assigned to assist the agency 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 is such an employee.\n9—Removal of corporate agency members\nNon-compliance by a corporate agency member with a duty imposed by this Division constitutes a ground for removal of the corporate agency member from office.\n10—Civil liability for contravention of Division\n\t(1)\tIf a person who is a corporate agency member or former corporate agency member is convicted of an offence for a contravention of this Division (other than an offence consisting of culpable negligence), the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the agency—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that the agency or a subsidiary of the agency suffered loss or damage as a result of the contravention—compensation for the loss or damage.\n\t(2)\tIf a person who is a corporate agency member or former corporate agency member is guilty of a contravention of this Division for which a criminal penalty is fixed (other than a contravention consisting of culpable negligence), the agency or the relevant Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the agency or a subsidiary of the agency suffered loss or damage as a result of the contravention—compensation for the loss or damage.\nDivision 2—Duties of advisory body members\n11—Duty of advisory body members to act honestly\n\t(1)\tAn advisory body member must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.\nPenalty: Division 4 fine or division 4 imprisonment, or both.\n\t(2)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.\n12—Duty of advisory body members with respect to conflict of interest\n\t(1)\tAn advisory body member who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the body—\n\t(a)\tmust, as soon as reasonably practicable, disclose in writing to the relevant Minister full and accurate details of the interest; and\n\t(b)\tmust not take part in any discussion by the body relating to that matter; and\n\t(c)\tmust not vote in relation to that matter; and\n\t(d)\tmust be absent from the meeting room when any such discussion or voting is taking place.\nPenalty: Division 4 fine.\n\t(2)\tWithout 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.\n\t(3)\tThis 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.\n13—Removal of advisory body members\nNon-compliance by an advisory body member with a duty imposed by this Division constitutes a ground for removal of the member from office.\n14—Civil liability for contravention of Division\n\t(1)\tIf a person who is an advisory body member or former advisory body member is convicted of an offence for a contravention of this Division, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the relevant Minister—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(2)\tIf a person who is an advisory body member or former advisory body member is guilty of a contravention of this Division, the relevant Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\nDivision 3—Duties of senior officials\n15—Application of Division\nThis Division does not apply to a senior official if provisions of the Public Corporations Act 1993 apply to the senior official.\n16—Duty of senior official to act honestly\n\t(1)\tA senior official must at all times act honestly in the performance of his or her duties, whether within or outside the State.\nPenalty: Division 4 fine or division 4 imprisonment, or both.\n\t(2)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.\n17—Duty of senior officials with respect to conflict of interest\n\t(1)\tA senior official must—\n\t(a)\ton appointment as a senior official, disclose his or her pecuniary interests to the relevant Minister in writing in accordance with the regulations; and\n\t(b)\ton 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\n\t(c)\tif 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—\n\t(i)\tdisclose in writing to the relevant Minister the nature of the interest and the conflict or potential conflict; and\n\t(ii)\tnot take action or further action in relation to the matter except as authorised in writing by the relevant Minister.\nPenalty: Division 4 fine.\n\t(2)\tSubsection (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.\n\t(3)\tA 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.\nPenalty: Division 4 fine.\n\t(4)\tWithout 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.\n\t(5)\tIf a senior official makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract—\n\t(a)\tthe contract is not liable to be avoided; and\n\t(b)\tthe senior official is not liable to account for profits derived from the contract.\n\t(6)\tIf 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.\n\t(7)\tA 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.\n\t(8)\tThis 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.\n18—Civil liability for contravention of Division\n\t(1)\tIf a person is convicted of an offence against this Division, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the relevant Minister—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(2)\tIf a person contravenes this Division, the relevant Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\nDivision 4—Duties of corporate agency executives\n19—Application of Division\n\t(1)\tThis Division does not apply to a corporate agency executive if provisions of the Public Corporations Act 1993 apply to the public sector agency.\n\t(2)\tSections 20 and 23 do not apply to a corporate agency executive who is a senior official.\n20—Duty of corporate agency executives to act honestly\n\t(1)\tA corporate agency executive must at all times act honestly in the performance of his or her duties, whether within or outside the State.\nPenalty: Division 4 fine or division 4 imprisonment, or both.\n\t(2)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.\n21—Duty of corporate agency executives not to be involved in unauthorised transactions with agency or subsidiary\n\t(1)\tNeither a corporate agency executive nor an associate of a corporate agency executive may, without the approval of the relevant Minister, be directly or indirectly involved in a transaction with the agency or any subsidiary of the agency.\n\t(2)\tA person will be treated as being indirectly involved in a transaction for the purposes of subsection (1)—\n\t(a)\tif the person initiates, promotes or takes any part in negotiations or steps leading to the making of the transaction with a view to that person or an associate of that person gaining some financial or other benefit (whether immediately or at a time after the making of the transaction); and\n\t(b)\tdespite the fact that neither that person nor an agent, nominee or trustee of that person becomes a party to the transaction.\n\t(3)\tSubsection (1) does not apply—\n\t(a)\tto the provision of services by the agency or any subsidiary of the agency in the ordinary course of its ordinary business and on ordinary terms; or\n\t(b)\tto the employment of a person under a contract of service with the agency or a subsidiary of the agency or to a transaction that is ancillary or incidental to such employment; or\n\t(c)\tto transactions of a prescribed class.\n\t(4)\tIf a transaction is made with an agency or any subsidiary of the agency in contravention of subsection (1), the transaction is liable to be avoided by the agency or by the relevant Minister.\n\t(5)\tA transaction may not be avoided under subsection (4) if a person has acquired an interest in property the subject of the transaction in good faith for valuable consideration and without notice of the contravention.\n\t(6)\tA corporate agency executive must not counsel, procure, induce or be in any way (whether by act or omission or directly or indirectly) knowingly concerned in, or party to, a contravention of subsection (1).\nPenalty: \nIf an intention to deceive or defraud is proved—Division 4 fine or division 4 imprisonment, or both.\nIn any other case—Division 6 fine.\n22—Duty of corporate agency executives not to have unauthorised interest in agency or subsidiary\n\t(1)\tNeither a corporate agency executive nor an associate of a corporate agency executive may, without the approval of the relevant Minister—\n\t(a)\thave or acquire a beneficial interest in shares in, debentures of or managed investment schemes of the agency or any subsidiary of the agency; or\n\t(b)\thave or hold or acquire (whether alone or with another person or persons) a right or option in respect of the acquisition or disposal of shares in, debentures of or interests in managed investment schemes of the agency or any subsidiary of the agency; or\n\t(c)\tbe a party to, or entitled to a benefit under, a contract under which a person has a right to call for or make delivery of shares in, debentures of or interests in managed investment schemes of the agency or any subsidiary of the agency.\n\t(2)\tA corporate agency executive must not counsel, procure, induce or be in any way (whether by act or omission or directly or indirectly) knowingly concerned in, or party to, a contravention of subsection (1).\nPenalty: \nIf an intention to deceive or defraud is proved—Division 4 fine or division 4 imprisonment, or both.\nIn any other case—Division 6 fine.\n23—Duty of corporate agency executives with respect to conflict of interest\n\t(1)\tIf a corporate agency executive has a pecuniary or other personal interest that conflicts or may conflict with the executive's duties, the executive must disclose in writing to the agency the nature of the interest and the conflict or potential conflict.\n\t(2)\tA corporate agency executive must comply with any written directions given by the agency to resolve a conflict between the executive's duties and a pecuniary or other personal interest.\n\t(3)\tWithout limiting the effect of this section, a corporate agency executive will be taken to have an interest in a matter for the purposes of this section if an associate of the executive has an interest in the matter.\n\t(4)\tFailure by a corporate agency executive to comply with this section constitutes grounds for termination of the executive'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).\n\t(5)\tIf a corporate agency executive makes a disclosure of interest under subsection (1) in respect of a proposed contract—\n\t(a)\tthe contract is not liable to be avoided; and\n\t(b)\tthe executive is not liable to account for profits derived from the contract.\n\t(6)\tIf a corporate agency executive 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.\n\t(7)\tA 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.\n\t(8)\tThis section does not apply in relation to a conflict or potential conflict between a corporate agency executive's duties and a pecuniary or other personal interest while the executive remains unaware of the conflict or potential conflict, but in any proceedings against the executive the burden will lie on the executive to prove that he or she was not, at the material time, aware of the conflict or potential conflict.\n24—Civil liability for contravention of Division\n\t(1)\tIf a person is convicted of an offence against this Division, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the relevant Minister—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(2)\tIf a person contravenes this Division, the relevant Minister may (whether or not proceedings have been brought for an offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\nDivision 5—Duties of public sector employees\n25—Application of Division\nThis Division does not apply to a public sector employee if Division 3, Division 4 or provisions of the Public Corporations Act 1993 apply to the employee.\n26—Duty of employees to act honestly\n\t(1)\tA public sector employee must at all times act honestly in the performance of his or her duties, whether within or outside the State.\nPenalty: Division 4 fine or division 4 imprisonment, or both.\n\t(2)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.\n27—Duty of employees with respect to conflict of interest\n\t(1)\tIf 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.\n\t(2)\tA 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.\n\t(3)\tWithout 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.\n\t(4)\tFailure 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).\n\t(5)\tIf an employee makes a disclosure of interest under subsection (1) in respect of a proposed contract—\n\t(a)\tthe contract is not liable to be avoided; and\n\t(b)\tthe employee is not liable to account for profits derived from the contract.\n\t(6)\tIf 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.\n\t(7)\tA 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.\n\t(8)\tThis 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.\n\t(9)\tIn this section—\nrelevant authority means—\n\t(a)\tin 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\n\t(b)\tin any other case—the relevant Minister or the nominee of the relevant Minister.\n28—Civil liability for contravention of Division\n\t(1)\tIf a person is convicted of an offence against this Division, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the relevant Minister—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(2)\tIf a person contravenes this Division, the relevant Minister may (whether or not proceedings have been brought for an offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\nDivision 6—Duties of persons performing contract work\n29—Duty of persons performing contract work to act honestly\n\t(1)\tA person performing contract work for a public sector agency or the Crown must at all times act honestly in the performance of that work, whether within or outside the State.\nPenalty: Division 4 fine or division 4 imprisonment, or both.\n\t(2)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.\n30—Duty of persons performing contract work with respect to conflict of interest\n\t(1)\tIf 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—\n\t(a)\tdisclose in writing to the relevant authority the nature of the interest and the conflict or potential conflict; and\n\t(b)\tnot take action or further action in relation to the matter except as authorised in writing by the relevant authority.\nPenalty: Division 4 fine.\n\t(2)\tWithout 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.\n\t(3)\tIf 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—\n\t(a)\tthe contract is not liable to be avoided; and\n\t(b)\tthe person is not liable to account for profits derived from the contract.\n\t(4)\tIf 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.\n\t(5)\tA 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.\n\t(6)\tThis 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.\n\t(7)\tIn this section—\nrelevant authority means—\n\t(a)\tin 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\n\t(b)\tin any other case—the relevant Minister or the nominee of the relevant Minister.\n31—Civil liability for contravention of Division\n\t(1)\tIf a person is convicted of an offence against this Division, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the relevant Minister—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(2)\tIf a person contravenes this Division, the relevant Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\nDivision 7—Exemptions\n32—Exemptions\nThe Governor may, by regulation, exempt a person or class of persons, conditionally or unconditionally, from the application of a provision of this Part.\nPart 3—Miscellaneous\n33—Proceedings for offences\n\t(1)\tProceedings may not be brought for an offence against this Act except with the consent of the Director of Public Prosecutions.\n\t(2)\tNotwithstanding any other Act, proceedings for a summary offence against this Act may be brought within the period of 3 years after the date on which the offence is alleged to have been committed or, with the consent of the Director of Public Prosecutions, at any later time.\n\t(3)\tA document purporting to be a consent of the Director of Public Prosecutions given under this section is, in the absence of proof to the contrary, proof of the consent.\n34—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tA regulation—\n\t(a)\tmay be of general or limited application and may vary in operation according to factors stated in the regulation; and\n\t(b)\tmay leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commissioner for Public Sector Employment or a chief executive of a public sector agency, either generally or in a particular case or class of cases; and\n\t(c)\tmay impose a penalty not exceeding a Division 8 fine for contravention of, or non‑compliance with, the regulation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nPublic Sector Management Act 1995\nLegislation repealed by principal Act\nThe Public Sector (Honesty and Accountability) Act 1995 repealed the following:\nGovernment Management and Employment Act 1985\nLegislation amended by principal Act\nThe Public Sector (Honesty and Accountability) Act 1995 amended the following:\nIndustrial and Employee Relations Act 1994\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n39\nPublic Sector Management Act 1995\n4.5.1995\n17.7.1995 (Gazette 13.7.1995 p54)\n1998\n17\nPublic Sector Management (Incompatible Public Offices) Amendment Act 1998\n2.4.1998\n30.4.1998 (Gazette 30.4.1998 p2022)\n2003\n36\nStatutes Amendment (Honesty and Accountability in Government) Act 2003\n31.7.2003\nPt 5 (ss 18—29)—29.4.2004 (Gazette 29.4.2004 p1173) except new ss 6H & 6L (as inserted by s 21) and s 28—31.7.2005 (s 7(5) Acts Interpretation Act 1915)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2005\n25\nPublic Sector Management (Chief Executive Accountability) Amendment Act 2005\n9.6.2005\n9.6.2005\n2006\n41\nStatutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 16 (s 73)—1.4.2007 (Gazette 29.3.2007 p930)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 71 (s 181)—1.6.2007 (Gazette 26.4.2007 p1352)\n2007\n25\nProtective Security Act 2007\n26.7.2007\nSch 1 (cl 30)—28.4.2008 (Gazette 3.4.2008 p1183)\n2009\n38\nPublic Sector Management (Consequential) Amendment Act 2009\n23.7.2009\n1.2.2010 (Gazette 28.1.2010 p319)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\nsubstituted by 38/2009 s 4\n1.2.2010\nPt 1\n\n\ns 1\namended by 38/2009 s 5\n1.2.2010\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 2\ns 3 redesignated as s 2 by 38/2009 s 6(11)\n1.2.2010\ns 2\n\n\ns 2(1)\n\n\nadministrative decision\namended by 36/2003 s 18(a)\n29.4.2004\n\ndeleted by 38/2009 s 6(1)\n1.2.2010\nadministrative unit\nsubstituted by 38/2009 s 6(1)\n1.2.2010\nadvisory body\ninserted by 36/2003 s 18(b)\n29.4.2004\nbeneficiary\ninserted by 36/2003 s 18(b)\n29.4.2004\ncasual position\ndeleted by 38/2009 s 6(2)\n1.2.2010\nChief Executive\ndeleted by 38/2009 s 6(2)\n1.2.2010\nthe Commissioner\ndeleted by 38/2009 s 6(2)\n1.2.2010\ncontractor\ninserted by 36/2003 s 18(c)\n29.4.2004\ncontract work\ninserted by 36/2003 s 18(c)\n29.4.2004\ncorporate agency executive\ninserted by 36/2003 s 18(c)\n29.4.2004\ncorporate agency member\ninserted by 36/2003 s 18(c)\n29.4.2004\ndebenture\ninserted by 36/2003 s 18(c)\n29.4.2004\nthe Disciplinary Appeals Tribunal\ndeleted by 38/2009 s 6(3)\n1.2.2010\ndomestic partner\ninserted by 43/2006 s 181(1)\n1.6.2007\neffective service\ndeleted by 38/2009 s 6(4)\n1.2.2010\nemployee\ndeleted by 38/2009 s 6(4)\n1.2.2010\nexecutive\ndeleted by 38/2009 s 6(4)\n1.2.2010\nmanaged investment scheme\ninserted by 36/2003 s 18(d)\n29.4.2004\nmerit\ndeleted by 38/2009 s 6(5)\n1.2.2010\nthe Minister\ndeleted by 38/2009 s 6(5)\n1.2.2010\nthe Promotion and Grievance Appeals Tribunal\ndeleted by 38/2009 s 6(5)\n1.2.2010\nthe public sector\ndeleted by 38/2009 s 6(5)\n1.2.2010\npublic sector agency\namended by 36/2003 s 18(e), (f)\n29.4.2004\n\nsubstituted by 38/2009 s 6(5)\n1.2.2010\npublic sector employee\nsubstituted by 38/2009 s 6(5)\n1.2.2010\nrecognised organisation\ndeleted by 38/2009 s 6(5)\n1.2.2010\nrelative\ninserted by 36/2003 s 18(g)\n29.4.2004\n\namended by 43/2006 s 181(2)\n1.6.2007\nrelevant interest\ninserted by 36/2003 s 18(g)\n29.4.2004\nrelevant Minister\ninserted by 36/2003 s 18(g)\n29.4.2004\n\nsubstituted by 38/2009 s 6(6)\n1.2.2010\nremuneration\ndeleted by 38/2009 s 6(6)\n1.2.2010\nremuneration level\ndeleted by 38/2009 s 6(6)\n1.2.2010\nselection processes\ndeleted by 38/2009 s 6(6)\n1.2.2010\nsenior official\ninserted by 36/2003 s 18(h)\n29.4.2004\n\namended by 38/2009 s 6(7), (8)\n1.2.2010\n\n(b) deleted by 38/2009 s 6(7)\n1.2.2010\nspouse\ninserted by 36/2003 s 18(h)\n29.4.2004\n\nsubstituted by 43/2006 s 181(3)\n1.6.2007\nsubsidiary\ninserted by 36/2003 s 18(h)\n29.4.2004\ntemporary position\ndeleted by 38/2009 s 6(9)\n1.2.2010\ntotal remuneration package value\ndeleted by 38/2009 s 6(9)\n1.2.2010\nwhole-of-government objectives\ninserted by 25/2005 s 3\n9.6.2005\n\ndeleted by 38/2009 s 6(9)\n1.2.2010\ns 2(1a)\ns 3(1a) inserted by 36/2003 s 18(i)\n29.4.2004\n\ns 3(1a) amended by 43/2006 s 181(4)\n1.6.2007\ns 2(2)\ns 3(2) amended by 36/2003 s 18(j)\n29.4.2004\n\ns 3(2) substituted by 38/2009 s 6(10)\n1.2.2010\nPt 2\nheading substituted by 36/2003 s 19\n29.4.2004\n\nheading substituted by 38/2009 s 7\n1.2.2010\nPt 2 Div 1 before deletion by 38/2009\nheading inserted by 36/2003 s 19\n29.4.2004\ns 6\namended by 36/2003 s 20\n29.4.2004\nPt 2 Div 1\ndeleted by 38/2009 s 8\n1.2.2010\nPt 2 Div 2\ninserted by 36/2003 s 21\n29.4.2004\n\ndeleted by 38/2009 s 8\n1.2.2010\nPt 2 Div 1\nPt 2 Div 3 inserted by 36/2003 s 21\n29.4.2004 except s 6H—31.7.2005\n\nPt 2 Div 3 redesignated as Pt 2 Div 1 by 38/2009 s 9\n1.2.2010\ns 3\ns 6C redesignated as s 3 by 38/2009 s 10\n1.2.2010\ns 4\ns 6D redesignated as s 4 by 38/2009 s 11\n1.2.2010\ns 5\ns 6E redesignated as s 5 by 38/2009 s 12\n1.2.2010\ns 6\ns 6F redesignated as s 6 by 38/2009 s 13\n1.2.2010\ns 7\ns 6G redesignated as s 7 by 38/2009 s 14\n1.2.2010\ns 8\ns 6H redesignated as s 8 by 38/2009 s 15(2)\n1.2.2010\ns 8(10)\ns 6H(10) inserted by 38/2009 s 15(1)\n1.2.2010\ns 9\ns 6I redesignated as s 9 by 38/2009 s 16\n1.2.2010\ns 10\ns 6J redesignated as s 10 by 38/2009 s 17\n1.2.2010\nPt 2 Div 2\nPt 2 Div 4 inserted by 36/2003 s 21\n29.4.2004 except s 6L—31.7.2005\n\nPt 2 Div 4 redesignated as Pt 2 Div 2 by 38/2009 s 18\n1.2.2010\ns 11\ns 6K redesignated as s 11 by 38/2009 s 19\n1.2.2010\ns 12\ns 6L redesignated as s 12 by 38/2009 s 20\n1.2.2010\ns 13\ns 6M redesignated as s 13 by 38/2009 s 21\n1.2.2010\ns 14\ns 6N redesignated as s 14 by 38/2009 s 22\n1.2.2010\nPt 2 Div 3\nPt 2 Div 5 inserted by 36/2003 s 21\n29.4.2004\n\nPt 2 Div 5 redesignated as Pt 2 Div 3 by 38/2009 s 23\n1.2.2010\ns 15\ns 6O redesignated as s 15 by 38/2009 s 24\n1.2.2010\ns 16\ns 6P redesignated as s 16 by 38/2009 s 25\n1.2.2010\ns 17\ns 6Q redesignated as s 17 by 38/2009 s 26\n1.2.2010\ns 18\ns 6R redesignated as s 18 by 38/2009 s 27\n1.2.2010\nPt 2 Div 4\nPt 2 Div 6 inserted by 36/2003 s 21\n29.4.2004\n\nPt 2 Div 6 redesignated as Pt 2 Div 4 by 38/2009 s 28\n1.2.2010\ns 19\ns 6S redesignated as s 19 by 38/2009 s 29(2)\n1.2.2010\ns 19(2)\ns 6S(2) amended by 38/2009 s 29(1)\n1.2.2010\ns 20\ns 6T redesignated as s 20 by 38/2009 s 30\n1.2.2010\ns 21\ns 6U redesignated as s 21 by 38/2009 s 31\n1.2.2010\ns 22\ns 6V redesignated as s 22 by 38/2009 s 32\n1.2.2010\ns 23\ns 6W redesignated as s 23 by 38/2009 s 33\n1.2.2010\ns 24\ns 6X redesignated as s 24 by 38/2009 s 34\n1.2.2010\nPt 2 Div 5\nPt 2 Div 7 inserted by 36/2003 s 21\n29.4.2004\n\nPt 2 Div 7 redesignated as Pt 2 Div 5 by 38/2009 s 35(2)\n1.2.2010\nheading\nvaried by 38/2009 s 35(1)\n1.2.2010\ns 25\ns 6Y amended and redesignated as s 25 by 38/2009 s 36(1), (2)\n1.2.2010\ns 26\ns 6Z redesignated as s 26 by 38/2009 s 37\n1.2.2010\ns 27\ns 6ZA redesignated as s 27 by 38/2009 s 38\n1.2.2010\ns 28\ns 6ZB redesignated as s 28 by 38/2009 s 39\n1.2.2010\nPt 2 Div 6\nPt 2 Div 8 inserted by 36/2003 s 21\n29.4.2004\n\nPt 2 Div 8 redesignated as Pt 2 Div 6 by 38/2009 s 40\n1.2.2010\ns 29\ns 6ZC redesignated as s 29 by 38/2009 s 41\n1.2.2010\ns 30\ns 6ZD redesignated as s 30 by 38/2009 s 42\n1.2.2010\ns 31\ns 6ZE redesignated as s 31 by 38/2009 s 43\n1.2.2010\nPt 2 Div 7\nPt 2 Div 9 inserted by 36/2003 s 21\n29.4.2004\n\nPt 2 Div 9 redesignated as Pt 2 Div 7 by 38/2009 s 44\n1.2.2010\ns 32\ns 6ZF amended and redesignated as s 32 by 38/2009 s 45(1), (2)\n1.2.2010\nPt 3\nsubstituted by 38/2009 s 46\n1.2.2010\nPt 4 before deletion by 38/2009\n\n\ns 12\n\n\ns 12(1)\namended by 36/2003 s 22\n29.4.2004\n\namended by 25/2005 s 4(1), (2)\n9.6.2005\ns 14\nsubstituted by 25/2005 s 5\n9.6.2005\ns 15\n\n\ns 15(1)\nsubstituted by 25/2005 s 6\n9.6.2005\ns 18\ndeleted by 36/2003 s 23\n29.4.2004\nPt 4\ndeleted by 38/2009 s 46\n1.2.2010\nPt 5 before deletion by 38/2009\n\n\ns 21\n\n\ns 21(1)\namended by 36/2003 s 24\n29.4.2004\ns 27\ndeleted by 36/2003 s 25\n29.4.2004\nPts 5—7\ndeleted by 38/2009 s 46\n1.2.2010\nPt 8 before deletion by 38/2009\n\n\ns 56\ndeleted by 36/2003 s 26\n29.4.2004\nPt 8\ndeleted by 38/2009 s 46\n1.2.2010\nPt 9 before deletion by 38/2009\n\n\ns 66\ndeleted by 36/2003 s 27\n29.4.2004\ns 70A\ninserted by 17/1998 s 3\n30.4.1998\ns 74\n\n\ns 74(1)\namended by 36/2003 s 28(a), (b)\n31.7.2005\ns 74(2)\namended by 36/2003 s 28(c), (d)\n31.7.2005\ns 74(3)\namended by 36/2003 s 28(e)\n31.7.2005\ns 74(4)\ninserted by 36/2003 s 28(f)\n31.7.2005\ns 79A\ninserted by 36/2003 s 29\n29.4.2004\nPt 9\ndeleted by 38/2009 s 46\n1.2.2010\nSch 1 before deletion by 38/2009\n\n\ncl 1\n\n\ncl 1(1)\namended by 41/2006 s 73(1), (2)\n1.4.2007\n\namended by 25/2007 Sch 1 (cl 30)\n28.4.2008\nSch 1\ndeleted by 38/2009 s 47\n1.2.2010\nSch 2 before deletion by 38/2009\n\n\nPt 1\nheading preceding cl 1 deleted and Pt 1 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 2\nheading preceding cl 3 deleted and Pt 2 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 3\nheading preceding cl 5 deleted and Pt 3 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 4\nheading preceding cl 6 deleted and Pt 4 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 5\nheading preceding cl 7 deleted and Pt 5 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 6\nheading preceding cl 8 deleted and Pt 6 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 7\nheading preceding cl 12 deleted and Pt 7 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 8\nheading preceding cl 13 deleted and Pt 8 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nSchs 2—4\ndeleted by 38/2009 s 47\n1.2.2010\nSch 5\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nHistorical versions\nReprint No 1—30.4.1998\n\nReprint No 2—24.11.2003\n\n29.4.2004\n\n9.6.2005\n\n31.7.2005\n\n1.4.2007\n\n1.6.2007\n\n28.4.2008\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent — the legislative text was not retrievable due to a broken or outdated URL following the SA Legislation website update of 24 March 2026. No substantive content was available for comparison."},"complexity_factors":["No legislative text was returned — only a website 404 error page was available for analysis","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects the absence of analysable content, not the true complexity of the underlying legislation"],"plain_english_summary":"The Public Sector (Honesty and Accountability) Act 1995 establishes ethical and integrity standards for South Australian public sector employees and officials, dealing with duties of honesty, conflicts of interest, disclosure obligations and accountability mechanisms.\n\nIt affects SA public servants, agency heads, ministerial staff and government contractors; it matters because it underpins ethical conduct across government and enables disciplinary or other consequences for breaches."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded and restructured since enactment. Amendments in 2003 inserted duties for advisory bodies, corporate agency executives and persons performing contract work (see legislative history entry 2003 and Divisions covering contractors ss29–31 and advisory bodies ss11–12). Later re‑designation and substitution of definitions in 2009 aligned the Act with the Public Sector Act 2009 and reorganised Divisions (see legislative history entry 2009 and s2 referencing the Public Sector Act 2009). These changes broadened who is covered (including contractors and corporate officers), altered definitions, and increased ministerial/regulatory discretion (see s2(2), s8(7), s32, s34(2)(b))."},"complexity_factors":["Multiple overlapping duty regimes for different actor classes (corporate agency members, advisory body members, senior officials, corporate executives, employees, contractors) with carve‑outs where other Acts apply (see s3(1)–(2), s15, s19(1), s25).","Hybrid enforcement: both criminal penalties (varying by Division) and civil recovery powers allowing disgorgement of profits and compensation for loss (see penalty provisions in ss4(2),5(1) and civil recovery in ss10,14,18,24,28,31).","Detailed definitions and associate tests that extend duties to relatives, domestic partners and entities where share thresholds apply (see s2(1) and s2(1a) for 'associate' and related definitions).","Significant administrative discretion: Minister may declare senior officials (s2(2)); require divestment or resignation (s8(7)); Governor may exempt classes by regulation (s32); regulations may leave matters to Minister/Commissioner/chief executive discretion (s34(2)(b)).","Contract‑avoidance rules with a bona‑fide purchaser exception create transaction risk and legal uncertainty for third parties (see s6(4)–(5), s8(2)–(4), and parallel provisions across Divisions).","Shifts and burdens of proof on awareness defenses: where a person claims unawareness of an interest or conflict, the Act places the evidential burden on the respondent in proceedings (see s8(9), s12(3), s17(8), s23(8), s27(8), s30(6)).","Extensive cross‑reference and interaction with other statutes (Public Corporations Act 1993; Public Sector Act 2009) and many historical amendments that restructure provisions, increasing interpretive complexity (see s3(2), s15, s2 definition references and legislative history entries 2003 and 2009).","Prosecution gatekeeping: proceedings for offences require consent of the Director of Public Prosecutions, adding a procedural layer to enforcement (s33(1))."],"plain_english_summary":"This Act sets legal duties of honesty, disclosure and avoidance of conflicts for people who run, advise, manage, work for or contract to public sector agencies in South Australia. It creates criminal and civil sanctions, allows agencies or Ministers to avoid contracts tainted by undisclosed interests, and gives Ministers and the Governor power to exempt or direct officers.\n\nIt matters because it specifies who must disclose interests, who bears financial liability for misconduct, and where official discretion and compliance costs lie for public officials and contractors."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted as the Public Sector Management Act 1995, the legislation originally covered broad public sector employment matters including appointments, promotions, grievances, and disciplinary appeals. The 2003 and 2009 amendments significantly narrowed the scope to focus specifically on honesty, accountability, and conflict of interest duties. Large portions of the original Act dealing with general employment management were deleted and moved to other legislation (particularly the Public Sector Act 2009), leaving this Act as a specialised integrity and anti-corruption statute. The current version is essentially a 'skeleton' of the original, retaining only the honesty/accountability framework while shedding the broader employment administration functions."},"complexity_factors":["Multiple overlapping duty categories across 6 divisions (corporate agency members, advisory body members, senior officials, corporate agency executives, employees, contractors) with similar but not identical requirements","Extensive cross-referencing to other legislation (Public Sector Act 2009, Corporations Act 2001, Public Corporations Act 1993) for definitions and exemptions","Complex 'associate' definition spanning relatives, shareholdings (10% threshold), trusts, and discretionary regulatory declarations","Nested exceptions and safe harbours (e.g., disclosure requirements with subsections on contract validity, good faith purchaser protections, and burden of proof reversals)","Conditional application clauses excluding certain persons (e.g., corporation sole, those covered by Public Corporations Act 1993, senior officials already covered under other divisions)","Dual enforcement mechanisms (criminal penalties plus civil recovery) with varying penalty divisions","17 defined terms in section 2, some incorporating external statutory definitions","Legislative history showing significant restructuring (originally Public Sector Management Act 1995, heavily amended in 2003 and 2009, with substantial deletion of former Parts 4-9 and Schedules)"],"plain_english_summary":"This South Australian law sets out honesty and accountability rules for people working in the public sector. It applies to board members of government agencies, advisory committee members, senior officials, executives, regular employees, and contractors.\n\n**Key requirements:**\n- **Act honestly**: Everyone covered must act honestly in their work. Trivial conduct that doesn't harm the public interest is exempt.\n- **Avoid conflicts of interest**: People must disclose any personal or financial interests that could conflict with their duties, and follow directions to manage these conflicts.\n- **No secret deals**: Board members and executives generally cannot do business with their own agency or its subsidiaries without ministerial approval.\n- **No insider trading**: Board members and executives cannot hold shares or financial interests in their agency without approval.\n\n**Consequences for breaking the rules:**\n- Criminal penalties including fines and imprisonment (up to 4 years for serious offences)\n- Civil liability to repay profits or compensate for losses\n- Removal from office or termination of employment\n- Contracts can be cancelled if entered into improperly\n\nThe law creates a tiered system where higher-ranking officials (like board members) face stricter rules than regular employees. It also protects third parties who acquire property in good faith from cancelled contracts."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-honesty-and-accountability-act-1995","history":"/api/acts/public-sector-honesty-and-accountability-act-1995/history","analysis":"/api/acts/public-sector-honesty-and-accountability-act-1995/analysis","conflicts":"/api/acts/public-sector-honesty-and-accountability-act-1995/conflicts","importantCases":"/api/acts/public-sector-honesty-and-accountability-act-1995/important-cases","documents":"/api/acts/public-sector-honesty-and-accountability-act-1995/documents"}}