{"id":"public-sector-honesty-and-accountability-regulations-2025","name":"Public Sector (Honesty and Accountability) Regulations 2025","slug":"public-sector-honesty-and-accountability-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236832,"registerId":"sa-public-sector-honesty-and-accountability-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Sector (Honesty and Accountability) Regulations 2025","content":"South Australia\nPublic Sector (Honesty and Accountability) Regulations 2025\nunder the Public Sector (Honesty and Accountability) Act 1995\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDisclosure of pecuniary interests (section 17 of Act)\n5\tExemptions (section 32 of Act)\n6\tSpecific exemption—Return to Work Advisory Committee (section 32 of Act)\nSchedule 1—Repeal of Public Sector (Honesty and Accountability) Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Public Sector (Honesty and Accountability) Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Public Sector (Honesty and Accountability) Act 1995.\n4—Disclosure of pecuniary interests (section 17 of Act)\n\t(1)\tThe table below specifies—\n\t(a)\tthe pecuniary interests to be disclosed by a senior official for the purposes of section 17 of the Act; and\n\t(b)\tthe information that must be disclosed by the senior official in respect of any such pecuniary interest.\n\n\nPecuniary interest\nInformation required\n1\nA contract of service, office, trade, vocation, business or profession in respect of which the person receives or is entitled to receive any remuneration, fee or other pecuniary sum (not being payable under the Act).\nA description of the contract, office, trade, vocation, business or profession and the amount and source of the remuneration, fee or other pecuniary sum.\n2\nAn office held by the person (whether as a director or otherwise) in a company or other body (whether or not incorporated) in respect of which the person received or is entitled to receive any remuneration, fee or other pecuniary sum.\nThe name and address of the company or other body and the amount of the remuneration, fee or other pecuniary sum.\n3\nA company, partnership, association or other body in which the person is an investor.\nThe name and address or description of the company, partnership, association or other body.\n4\nLand in which the person has a beneficial interest (other than by way of security for a debt).\nThe address or description of the land.\n5\nA trust (other than a testamentary trust) of which the person is a beneficiary or trustee.\nA description of the trust and the name and address of each trustee.\n6\nAny other pecuniary interest of the person of a kind determined by the Minister.\nThe information required by the Minister to be disclosed in respect of that pecuniary interest.\n\t(2)\tFor the purposes of this regulation—\n\t(a)\ta reference to a beneficial interest in land includes a reference to a right to reacquire land; and\n\t(b)\ta person who is an object of a discretionary trust is to be taken to be a beneficiary of that trust; and\n\t(c)\ta person is an investor in a body if—\n\t(i)\tthe person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or\n\t(ii)\tthe person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body.\n5—Exemptions (section 32 of Act)\n\t(1)\tIf a member of a corporate agency or advisory body was appointed as a member wholly or partly on the basis that they are or have been engaged in or associated with a particular industry, activity or sector, the member will not be taken to have a direct or indirect interest in a matter for the purposes of the Act by reason only of the fact that the member has an interest in a matter shared in common with those engaged in, or associated with, the industry, activity or sector generally, or a substantial section of those engaged in or associated with the industry, activity or sector.\n\t(2)\tIf a member of a non‑statutory advisory body—\n\t(a)\tadvises the relevant Minister, by notice in writing, of any direct or indirect personal or pecuniary interest that conflicts, or may conflict, with the member's functions; and\n\t(b)\tcomplies with any directions given by the Minister regarding the resolution of the conflict, or potential conflict,\nthe member is exempt from the application of section 12 of the Act in relation to that interest.\n\t(3)\tIn this regulation—\nrelevant Minister means—\n\t(a)\tin the case where advice is, or is to be, provided by the advisory body to a public sector agency consisting of a Minister—that Minister; or\n\t(b)\tin any other case—the Minister responsible for the public sector agency to which advice is, or is to be, provided by the advisory body.\n6—Specific exemption—Return to Work Advisory Committee (section 32 of Act)\n\t(1)\tIf a member of the Advisory Committee—\n\t(a)\tadvises the relevant Minister, by notice in writing, of any direct or indirect personal or pecuniary interest that conflicts, or may conflict, with the member's functions; and\n\t(b)\tcomplies with any directions given by the relevant Minister regarding the resolution of the conflict, or potential conflict,\nthe member is exempt from the application of section 12 of the Act in relation to that interest.\n\t(2)\tSubregulation (1) does not include a case where a member is seeking to act as a member of a selection committee under section 118 of the Return to Work Act 2014.\n\t(3)\tIn this regulation—\nAdvisory Committee means the Minister's Advisory Committee under the Return to Work Act 2014;\nrelevant Minister means the Minister who is responsible for the administration of the Return to Work Act 2014.\nSchedule 1—Repeal of Public Sector (Honesty and Accountability) Regulations 2010\nThe Public Sector (Honesty and Accountability) Regulations 2010 are repealed.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n87\nGazette 14.8.2025 p3220 \n14.8.2025: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These Regulations repeal the 2010 Regulations (Schedule 1) and replace them with a new, specified set of disclosure obligations and limited exemptions. They add an explicit $10,000 investor test, set precise information to be disclosed for categories of pecuniary interests (reg 4), give the Minister power to declare additional interests and required information (reg 4(1)(6)), and create exemption mechanisms for certain advisory‑body members and the Return to Work Advisory Committee (regs 5–6)."},"complexity_factors":["Multiple specified disclosure categories with distinct information requirements (reg 4(1) and table).","Detailed definitions and thresholds for 'investor' and beneficial interests, including a $10,000 test (reg 4(2)(c)(i)–(ii) and reg 4(2)(a)–(b)).","Ministerial discretion to determine 'any other' pecuniary interest and the information required for it (reg 4(1)(6)).","Exemptions conditioned on appointment basis or written notice plus compliance with Ministerial directions (reg 5(1)–(2) and reg 6(1)).","A targeted, statutory exemption for the Return to Work Advisory Committee with a carve‑out for selection‑committee duties under the Return to Work Act (reg 6(1)–(3)).","Direct references to and reliance on provisions of the primary Act (sections 12, 17 and 32), requiring cross‑instrument interpretation.","Immediate commencement on making (reg 2) and repeal of the 2010 Regulations (Schedule 1), creating an abrupt transition for covered persons and agencies."],"plain_english_summary":"These regulations replace the 2010 rules and set out exactly what pecuniary interests senior officials must disclose, what detail to provide, a $10,000 investor threshold, and a Ministerial power to specify other interests. They also create exemptions for members of corporate agencies, non‑statutory advisory bodies and the Return to Work Advisory Committee (with a specific exclusion for selection‑committee work).\n\nSenior officials and advisory‑body members must disclose or notify and comply with any Ministerial directions; the individuals bear the administrative and compliance burden, while the Minister decides additional disclosure requirements and conflict‑resolution directions."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations maintain the same scope as the original 2010 regulations they replace. They continue to address pecuniary interest disclosure and conflict of interest exemptions under the parent Act. The 2025 version appears to be a straightforward re-enactment with updated drafting rather than an expansion into new areas."},"complexity_factors":["Only 6 substantive regulations plus a repeal schedule","Minimal defined terms (only 'Act', 'relevant Minister', 'Advisory Committee' in specific contexts)","Straightforward tabular format for disclosure requirements in regulation 4","Simple conditional logic: if-then structures without nested exceptions","Limited cross-referencing (only references to sections 12, 17, and 32 of the parent Act, plus one reference to the Return to Work Act 2014)","Single exception to the exemption in regulation 6(2) — not deeply nested"],"plain_english_summary":"These regulations set out the rules for South Australian public sector officials to declare their financial interests and manage conflicts of interest.\n\n**What it does:**\n- **Requires senior officials to disclose specific financial interests** — including paid work outside government, company directorships, investments over $10,000, land ownership, and trust interests. They must provide details like amounts, sources of income, and addresses.\n- **Expands what counts as a 'beneficial interest'** — for example, if you have a right to buy back land you sold, that still counts as an interest you must declare. People who might benefit from a discretionary trust (where trustees decide who gets money) are treated as beneficiaries even if they haven't received anything yet.\n- **Creates exemptions for industry representatives** — if someone was appointed to a government board specifically because of their industry background, they don't have a conflict just because they share interests common to that whole industry.\n- **Sets up a disclosure-and-direction process for advisory body members** — members of non-statutory advisory bodies can avoid conflict rules if they (1) write to the Minister about their conflict, and (2) follow the Minister's directions on how to handle it.\n- **Gives a specific exemption for the Return to Work Advisory Committee** — same disclosure-and-direction process applies, but with a carve-out: it doesn't work if the member is acting on a selection committee for choosing people under workers compensation laws.\n- **Repeals the old 2010 regulations** — replacing them with this updated version.\n\n**Who it affects:**\n- Senior public sector officials in South Australia\n- Members of government boards, corporate agencies, and advisory committees\n- The Return to Work Advisory Committee specifically\n\n**Why it matters:**\nTransparency rules like these help prevent corruption by making sure decision-makers can't secretly profit from their government roles. The exemptions recognise that industry experts on boards will naturally have sector-wide interests, but still require disclosure when personal conflicts arise."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The document provided contains no legislative text — only a 'Page Not Found' error from the SA legislation website. No comparison between original intent and final scope can be made."},"complexity_factors":["No legislative content was provided — the submission contains only a website error page","Complexity cannot be meaningfully assessed without the actual regulatory text","Score of 1 reflects the absence of content, not simplicity of the underlying law"],"plain_english_summary":"The provided document was a \"Page Not Found\" error from the South Australian legislation site, so the actual Public Sector (Honesty and Accountability) Regulations 2025 could not be reviewed. Because the text is missing, no legal analysis is possible — only the title suggests it would concern integrity and accountability in the SA public sector. To proceed, supply the actual regulations (or a working link) so the instrument can be examined."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-honesty-and-accountability-regulations-2025","history":"/api/acts/public-sector-honesty-and-accountability-regulations-2025/history","analysis":"/api/acts/public-sector-honesty-and-accountability-regulations-2025/analysis","conflicts":"/api/acts/public-sector-honesty-and-accountability-regulations-2025/conflicts","importantCases":"/api/acts/public-sector-honesty-and-accountability-regulations-2025/important-cases","documents":"/api/acts/public-sector-honesty-and-accountability-regulations-2025/documents"}}